Hendershot
Hendershot v. Ready to Roll Transportation, Inc.
Opinion
Opinion
Croskey, J.
The plaintiffs Daniel Hendershot et al. appeal the trial court’s order denying their motion for class certification. The trial court found that the proposed class was not sufficiently numerous because a majority of the putative class members had entered into releases and arbitration agreements with the defendant Ready to Roll Transportation, Inc.
We find that the order must be reversed on the following grounds: (1) the court’s analysis of the “numerosity” factor was incorrect; (2) the court improperly considered the merits of defendant’s affirmative defenses; and (3) the court denied plaintiffs due process by failing to grant them an adequate opportunity to perform discovery on and brief certification issues.
FACTUAL AND PROCEDURAL BACKGROUND
1. The Complaint
On May 24, 2012, plaintiff's filed a putative class action against defendant for failure to pay overtime wages, among other causes of action. The complaint alleged that the putative class members were nonexempt employees who chauffeured vehicles for defendant, and that defendant failed to compensate them for periods when they were required to remain on call in between trips transporting clients. Plaintiffs…