Robinson

I. INTRODUCTION

17 This putative class action was originally filed by Shaon Robinson, who sought to represent 18 a class of delivery drivers employed by defendant The Chefs’ Warehouse West Coast, LLC. 19 (“CW”). Sean Clark subsequently joined as a named plaintiff. Thereafter, a motion for class 20 certification brought by Robinson and Clark was denied because, among other reasons, they both 21 had signed declarations in a prior action stating they understood CW’s policies regarding meal and 22 rest breaks, accurate timekeeping, and reporting any violations of those policies. They also had 23 expressly admitted that they were always provided with, and took, their meal and rest breaks, that 24 their supervisor insisted they take their meal breaks, that their time sheets were always accurate, 25 that they were always paid for all hours worked, and that they never worked off the clock. 26 Although theoretically Robinson and Clark might have been able to offer explanations as to why 27 those declarations did not foreclose their claims in this action, the declarations at a minimum 1 presented CW a potentially compelling basis to defend. As such, neither Robinson nor Clark were 2 …