Henry Hernandez v. Sysco Corporation

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HENRY HERNANDEZ, Case No. 16-cv-06723-JSC

8 Plaintiff,

ORDER RE: PLAINTIFF’S MOTION

9 v. FOR RECONSIDERATION

10 SYSCO CORPORATION, et al., Re: Dkt. No. 125 Defendants. 11

12 13 Henry Hernandez filed this wage and hour action against his former employer Sysco 14 Corporation and Sysco San Francisco (collectively “Sysco”) on behalf of himself and a putative 15 class. The Court granted in part and denied in part his motion for class certification certifying a 16 class of individuals who performed off-the-clock work during their unpaid meal breaks as well as 17 the derivative pay statement and final wages claims, but declining to certify Plaintiff’s meal or rest 18 break claims finding that individualized issues predominated those claims. (Dkt. No. 121.) The 19 Court thereafter granted Plaintiff leave to file a motion for reconsideration of the class certification 20 order. (Dkt. Nos. 125, 128.) Having considered the parties’ briefs, the Court DENIES Plaintiff’s 21 …