Fleming

Fleming v. Matco Tools Corporation

Good Law
United States District Court, Northern District of CaliforniaNovember 3, 20203:19-cv-00463California4,186 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN FLEMING, Case No. 19-cv-00463-WHO

Plaintiff,

ORDER DENYING DEFENDANTS’

v. MOTION TO APPLY OHIO LAW, OR,

IN THE ALTERNATIVE, TO STAY

MATCO TOOLS CORPORATION, et al., PROCEEDINGS Defendants. Re: Dkt. No.

12 Plaintiff John Fleming brings suit on behalf of himself and a putative class of other distributors that he asserts were misclassified as independent contractors, rather than employees, by defendants Matco Tools Corporation, NMTC, Inc., d/b/a Matco Tools, and Fortive Corporation (collectively “Matco”). Matco moves for an order enforcing the Ohio choice of law provision in Fleming’s Matco Distributorship Agreements. Alternatively, if California law applies, it moves for an order staying the case pending the California Supreme Court’s decision in Vazquez v. Jan- Pro Franchising Int’l, Inc., Case No. S258191, which will determine whether the ABC test from Dynamex Operations W. v. Superior Court, 4 Cal.…

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