Catherine Avilez v. Pinkerton Government Services

MEMORANDUM

In this action raising claims under the California meal break statute, California Labor Code § 226.7, Pinkerton Govern-' ment Services, Inc. appeals the district court’s order granting Catherine Avilez’s motion to certify various classes of current and former Pinkerton employees. We have jurisdiction under 28 U.S.C. § 1292 (e) and Federal Rule of Civil Procedure 23(f). We vacate the district court’s order and remand for entry of a revised class certification order.

1. The district court did not abuse its discretion by striking Pinkerton’s expert survey and supporting declarations. Pinkerton failed to timely identify its expert, the survey instrument, and the identities and contact information for its employee declarants. Fed.R.Civ.P. 26(a)(1)(A).

2. Pinkerton waived its Rules Enabling Act argument by not raising it in opposition to the motion for class certification.

3. The district court abused its discretion to the extent it certified classes and subclasses that include employees who signed class action waivers. Avilez’s arbitration agreement does not contain a class action waiver and counsel did not dispute that those who signed such waivers have potential…