DiMercurio

DiMercurio v. Equilon Enterprises LLC

Good Law
United States District Court, Northern District of CaliforniaAugust 30, 20213:19-cv-04029California7,942 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARCO DIMERCURIO, et al., Case No. 19-cv-04029-JSC

Plaintiffs,

ORDER RE: CLASS CERTIFICATION

v. 9 Re: Dkt. Nos. 89, 90, 100, 102 EQUILON ENTERPRISES LLC, Defendant.

12 Plaintiffs are operators at a Shell oil refinery owned by Equilon Enterprises, LLC (“Defendant” or “Shell”). They allege that Defendant’s standby practices violate California’s wage-and-hour laws, Unfair Competition Law, and Private Attorneys General Act. Before the Court is Plaintiffs’ motion for class certification. (Dkt. No. 90.) Having carefully reviewed the parties’ briefing, and having had the benefit of oral argument on August 26, 2021, the Court GRANTS the motion in part for the reasons explained below. FACTUAL BACKGROUND Defendant owned and operated a Shell oil refinery located at 3485 Pacheco Boulevard in Martinez, California. (Dkt. No. 27 ¶ 2.) The refinery employed about 300 people as “operators.”3 (Dkt. No. 4 ¶ 14.) There were two operator positions: “outside…

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