Stickles

INTRODUCTION

18 In this wage-and-hour class action, plaintiffs move for reconsideration of the class period. 19 Plaintiffs also move, in the alternative, to name and appoint another class representative and to 20 modify the class period. For the reasons that follow, plaintiffs’ motions are DENIED.

STATEMENT

22 Plaintiffs George Stickles and Michele Rhodes each worked as a “Community Sales 23 Director” for defendants, Atria Senior Living, Inc. and Atria Management Company, LLC. 24 Plaintiffs allege that defendants misclassified them and other CSDs as exempt employees. 25 A previous order certified the following class: CSDs who did not sign arbitration 26 agreements and whom defendants classified as exempt outside salespersons from the date 27 plaintiff George Stickles began his employment with defendants (April 9, 2018) through September 29, 2019. Certification applied solely to this issue: whether defendants properly classified CSDs as exempt outside salespersons. Certification of the underlying wage-and- hour claims was held in abeyance. On January 5, 2022, plaintiffs’ counsel asked defendants’ counsel whether it would stipulate to amend the…