Mickey Dilts v. Penske Logistics LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICKEY LEE DILTS; RAY RIOS; and No. 12-55705 DONNY DUSHAJ, on behalf of themselves and all others similarly D.C. No. situated, 3:08-cv-00318- Plaintiffs-Appellants, CAB-BLM

v.

ORDER AND

PENSKE LOGISTICS, LLC; and AMENDED PENSKE TRUCK LEASING CO., L.P., a OPINION Delaware corporation, Defendants-Appellees,

and

DOES 1–125, inclusive, Defendants.

Appeal from the United States District Court for the Southern District of California Cathy Ann Bencivengo, District Judge, Presiding

Argued and Submitted March 3, 2014—Pasadena, California

Filed July 9, 2014 Amended September 8, 2014 DILTS V. PENSKE LOGISTICS, INC.

Before: Alex Kozinski, Chief Judge, Susan P. Graber, Circuit Judge, and Jack Zouhary,* District Judge.

Opinion by Judge Graber; Concurrence by Judge Zouhary

SUMMARY**

Federal Preemption

The panel filed an order amending its previous opinion and concurrence, and in the amended opinion the panel reversed the district court’s dismissal, based on federal preemption, of claims brought by a certified class of drivers…