Cole
Cole v. CRST, Inc.
Opinion
Lead Opinion
Phillips, J.
Order Denying Plaintiff’s Motion for Partial Summary Judgment
On November 6, 2015, Plaintiff James Cole (“Plaintiff’) filed a motion ¡for partial summary judgment (“Motion” '(Doc. No. 162).) After reviewing and considering all papers filed in support of, and in opposition to, the Motion, as well as the arguments advanced at the Motion hearing, the Court DENIES the Motion.
I. BACKGROUND
This action arises out of the compensation system of Defendant CRST Van Expedited, Inc. (“CRST” or “Defendant”), a motor carrier that transports freight to customers in the United States, Canada, and Mexico; CRST employs truck drivers to transport dry freight in vehicles owned by Defendant. CRST' is based in Cedar Rapids, Iowa, and operates terminals across the United States, including in Fon-tana, California. (Declaration of Michael Gannon (“Gannon Decl.”), Ex. ,G ¶ 2.) Plaintiff alleges that Defendant uses a uniform compensation system to pay. Plaintiff and a putative class of nearly 4,200 current and former California-based truck drivers.
On October 6, 2008, Plaintiff filed a putative class action in California Superior Court for the County, of San Bernardino. On November 5, 2008, Defendant…