Leuzinger
Leuzinger v. Gardner Trucking, Inc. CONSOLIDATED CASE-LEAD CASE
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
KASPER LEUZINGER, Case No.: 21-CV-4952-YGR
Plaintiff, ORDER DENYING MOTION TO DISMISS OR
STAY AND GRANTING MOTION TO
vs. CONSOLIDATE
GARDNER TRUCKING, INC. AND CRST Re: Dkt Nos. 12,
EXPEDITED, INC.,
10 Defendants. 11 On June 28, 2021, plaintiff Kasper Leuzinger filed this putative class action against Gardner 13 Trucking, Inc., and CRST Expedited, Inc., alleging violations of the California Labor Code, the 14 Fair Labor Standards Act, and California’s Unfair Competition Law. (Dkt. No. 1.) Defendant 15 CRST Expedited, Inc. d/b/a CRST The Transport Solution, Inc. – Dedicated West f/k/a Gardner 16 Trucking, Inc. has moved to dismiss or stay this action based on the first-to-file rule in light of the 17 earlier filed related action Castro v. Gardner Trucking, Inc., 20-CV-5473-YGR, also pending 18 before this Court. (Dkt. No. 12.) Plaintiff subsequently moved to consolidate this action with the 19 Castro action. (Dkt. No. 17.) For the reasons stated below, the Court DENIES the motion to 20 dismiss or…