Salazar et al v. Driver Provider Phoenix LLC et al
| Arizona District Court | |
| Judge: | Susan M Brnovich |
| Case #: | 2:19-cv-05760 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Dec 06, 2019 |
| Terminated: | Sep 23, 2024 |
| Last checked: Wednesday Jun 03, 2020 1:47 AM MST |
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Defendant
Driver Provider Leasing LLC
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Represented By
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Defendant
Driver Provider Management LLC
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Represented By
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Defendant
Driver Provider Phoenix LLC
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Represented By
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Defendant
Barry Gross
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Represented By
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Defendant
Innovative Transportation Solutions Incorporated
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Represented By
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Defendant
Innovative Transportation Solutions LLC
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Represented By
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Defendant
Innovative Transportation Solutions of Tucson LLC
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Represented By
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Defendant
Jason Kaplan
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Represented By
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Defendant
Kendra Kaplan
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Represented By
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Defendant
Innovative Transportation of Sedona LLC
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Represented By
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Defendant
Unknown Parties
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Defendant
Donna Gross
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Represented By
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Plaintiff
Rodney Lopez
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Represented By
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Plaintiff
Kelli Salazar
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Represented By
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Plaintiff
Wayne Carpenter
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Unknown Gross
Terminated: 01/08/2020
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Represented By
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Defendant
Innovative Transportation Solutions of Sedona LLC
Terminated: 01/08/2020
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Represented By
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GPO
Sep 24 2020
Court is directed to terminate this case. Signed by Judge Susan M. Brnovich on 9/24/2020. (ESG)ORDER denying Plaintiff's 33 Motion to Strike. IT IS FURTHER ORDERED granting Defendant's Motion to Dismiss (Docs. 26-27.) and dismissing Plaintiffs' Second Amended Complaint (Doc. 25.) under Rule 12(b)(6) for the failure to state a claim upon which relief can be granted. IT IS FURTHER ORDERED granting Plaintiffs leave to file an amended complaint within thirty (30) days of the date this Order is entered. If no amended complain is filed within 30 days, then the Clerk of |
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GPO
Apr 05 2021
ORDER granting in part and denying in part Plaintiffs' Motion to Enjoin or Limit Application of Defendants' New Arbitration Agreement, Approve Curative Notice, and Limit Defendants' Communications with Putative Class Members and Request for Expedited Ruling 73. The motion is granted in that the Court orders that Defendants' arbitration agreement cannot be enforced against putative collection action members for the purposes of this litigation. The motion is also granted as to Plaintiffs' request for a curative notice as described above. The motion is denied as to Plaintiffs' request that the Court limit Defendants' communications with putative collection action members. IT IS FURTHER ORDERED that Defendants submit their proposed corrective notice or notice of no objection to Plaintiffs' corrective notice to the Court within seven days as explained above. Signed by Judge Susan M Brnovich on 4/05/2021. (REK) |
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GPO
Apr 12 2021
; IT IS FURTHER ORDERED that the Plaintiffs may utilize the Notice and Consent to Sue form accompanying this order. Signed by Judge Susan M. Brnovich on 4/12/2021. (Attachments: # (1) Notice) (ESG)ORDER that Plaintiffs are permitted to distribute the Notice and Consent to Sue forms via U.S. mail and email. IT IS FURTHER ORDERED that Defendants produce the names, position(s) held, employment dates, employment location(s), the entity for whom the employee worked or works, last known addresses, and email addresses of potential collective action members within two weeks of the date of this order; IT IS FURTHER ORDERED that the opt-in period for potential collective action members shall be 60 days from the date the Notice and Consent to Sue form is mailed or emailed and 45 days from the date any second or subsequent mailing or email is made for individuals for whom a mailed or emailed Notice and Consent to Sue is returned as undeliverable |
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GPO
May 31 2022
ORDER denying Defendants' 189 Motion for Reconsideration. IT IS FURTHER ORDERED requiring Ms. Gabriel to disclose documents relevant to Defendants' advice of counsel defense in accordance with this Order. IT IS FURTHER ORDERED denying Defendants' 200 Motion to Quash Deposition Subpoena of Attorney Stacy Gabriel. IT IS FURTHER ORDERED limiting the scope of the deposition to questions related to pre-suit advice, within the scope of Defendants' advice of counsel defense, and questions about post-suit advice to those regarding documents produced in discovery. Signed by Judge Susan M. Brnovich on 5/31/2022. (ESG) |
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GPO
Sep 13 2022
ORDER that Defendants' 210 Motion for Judgment on the Pleadings is stricken. Signed by Judge Susan M. Brnovich on 9/12/2022. (ESG) |
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GPO
Sep 19 2022
ORDER: IT IS ORDERED that Plaintiffs' Motion for Sanctions is denied. (Doc. 272) (see attached Order for details). Signed by Judge Susan M Brnovich on 9/19/22. (MAW) |
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GPO
Oct 14 2022
ORDER that Defendants' 270 Motion to Quash Subpoena is denied. Signed by Judge Susan M. Brnovich on 10/14/2022. (ESG) |
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GPO
Dec 08 2022
ORDER: IT IS ORDERED granting Plaintiffs' MTS (Doc. 365). IT IS FURTHER ORDERED that Defendants argument at page 11, lines 721 of Defendants' Reply in Support of Motion for Judgment on the Pleading (Doc. 357) be stricken from the record [see attached order for details]. Signed by Judge Susan M Brnovich on 12/8/22. (MAW) |
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GPO
Jan 12 2023
ORDER granting Defendants' 336 Motion for Judgment on the Pleadings. IT IS FURTHER ORDERED granting Plaintiffs Leave to Amend their Fourth Amended Complaint (Doc. 114) Count II, Violation of the Arizona Minimum Wage Act within fourteen (14) days of this Order. IT IS FURTHER ORDERED that upon Plaintiffs filing a Fifth Amended Complaint, Defendants will have seven (7) days to notify the Court if they believe Plaintiffs failed to state a straight time claim under Arizona law. Signed by Judge Susan M. Brnovich on 1/12/2023. (ESG) |
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GPO
Jan 30 2023
san M Brnovich on 1/30/2023. (REK)ORDER: Plaintiffs' Motion for Rule 23 Class Certification is granted on Claim III of the Fourth Amended Complaint, violation of the AMWA, and denied without prejudice as moot on Claim II of the Fourth Amended Complaint, violation of the AWA 331. The Rule 23 Count III Claim is hereby certified as a class action pursuant to Fed. R. Civ. P. 23(b)(1) with respect to the following class: All current and former employees of The Driver Provider who performed chauffeur services in Arizona at any time from December 6, 2016 to the present. Excluded from the class are all owners, managers, supervisors, dispatchers, or other employees whose primary job responsibilities were not the provision of chauffeur services. The named Plaintiffs are appointed class representatives for purposes of the Rule 23 Class claims alleged in Count III of the Fourth Amended Complaint 114. The law firms of Martin & Bonnett, P.L.L.C. is appointed Class Counsel for purposes of the Rule 23 Class claims alleged in Count III of the Fourth Amended Complaint 114. Within fourteen (14) days after entry of this Order, Defendants shall provide Plaintiff's Counsel with a list of all current and former employees and workers as described by Paragraph (a). The parties shall confer on and file a joint proposed notice to the Rule 23 Class within ten (10) days of this Order. If the parties are unable to agree on a notice, the parties are directed to file separate proposed notices within fourteen (14) days of this Order. Within twenty-one (21) days after entry of this Order, Defendants shall produce to Plaintiffs complete trip data, pay records, and time records for all members of the Rule 23 Class. See document for further details. Signed by Judge Su |
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GPO
Feb 13 2023
AMENDED ORDER re: 416 Order on Motion to Certify Class: that Plaintiffs' Motion for Rule 23 Class Certification be granted on Claim III of the Fourth Amended Complaint, violation of the AMWA, and denied without prejudice as moot on Claim II of the Fourth Amended Complaint, violation of the AWA. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 2/13/2023. (ESG) |
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GPO
Mar 01 2023
ORDER denying Plaintiffs' 415 Motion for Reconsideration Or, Alternatively, to Certify an Interlocutory Appeal. Signed by Judge Susan M. Brnovich on 3/1/2023. (ESG) |
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GPO
Aug 30 2023
ORDER granting Defendants' 381 Motion for Decertification of FLSA Collective. Signed by Judge Susan M. Brnovich on 8/30/2023. (ESG) |
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GPO
Sep 18 2023
ORDER that Plaintiffs' Motion to Strike New Affirmative Defenses from Defendants' Answer to Fifth Amended Complaint (Doc. 432) is granted in part and denied in part. Signed by Judge Susan M. Brnovich on 9/18/2023. (ESG) |
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GPO
Sep 21 2023
ORDER that Plaintiffs' 554 Motion to Exclude Evidence and for Sanctions is granted in part and denied in part. Signed by Judge Susan M. Brnovich on 9/21/2023. (ESG) |
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GPO
Oct 26 2023
ORDER that Defendants'495 Motion to Decertify the Rule 23 Class is denied. Signed by Judge Susan M. Brnovich on 10/26/2023. (ESG) |
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GPO
Nov 09 2023
the question of liquidated damages under the FLSA. Signed by Judge Susan M. Brnovich on 11/9/2023. (ESG)ORDER granting in part Plaintiffs' Motion for Partial Summary Judgment (Doc. 497). The Court grants summary judgment in Plaintiffs' favor as to the applicability of the FLSA exemptions, Plaintiffs' AMWA claims as they pertain to DP's failure to pay required minimum wages and recordkeeping violations, and Plaintiffs' FLSA claims for minimum wage and overtime violations. IT IS FURTHER ORDERED granting in part Defendants' Motion for Summary Judgment (Doc. 506). The Court grants summary judgment in Defendants' favor as to the question of treble damages under the AWA. IT IS FURTHER ORDERED denying in part Plaintiffs' Motion for Partial Summary Judgment (Doc. 497). The Court denies summary judgment on Plaintiffs' claims that Defendants violated the AWA, that Drivers' time between trips was compensable work time, and that Jason Kaplan, Kendra Kaplan, and Barry Gross are personally liable. IT IS FURTHER ORDERED denying in part Plaintiffs' Motion for Partial Summary Judgment (Doc. 497) and Defendants' Motion for Summary Judgment (Doc. 506). The Court denies summary judgment on the question of Defendants' willfulness as it pertains to the FLSA and AMWA claims and on |
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GPO
Dec 18 2023
ORDER that Plaintiffs' Renewed Motion for Rule 23 Certification of Claims Under the Arizona Wage Act is denied. (Doc. 456) IT IS FURTHER ODERED affirming the collective action for minimum wage violations (which require no analysis of various methods of payment but just hours worked) and overtime violations based on minimum wage. Signed by Judge Susan M. Brnovich on 12/18/2023. (ESG) |
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GPO
Feb 07 2024
ORDER granting in part and denying in part Plaintiffs' 651 Motion for Emergency Relief Authorizing a Curative FLSA Notice, Extending the FLSA Opt-In Deadline, and Barring Defendants from Communications with Rule 23 Class Members, and Putative FLSA Collective Members. IT IS FURTHER ORDERED that counsel submit proposed language for the communication restriction to the Court via email by Friday, February 9, 2024 at 5:00 p.m. Counsel may either submit stipulated language or separate, competing drafts of the proposed restriction language, as described above. See attached Order for complete details.Signed by Judge Susan M. Brnovich on 2/7/2024. (ESG) |
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GPO
Feb 16 2024
ORDER granting Defendants' Motion to Strike the Expert Testimony and Report of Plaintiffs' Expert Randall O'Neal (Doc. 493). See order for details. Signed by Judge Susan M. Brnovich on 2/16/2024. (LMR) |
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GPO
Mar 18 2024
ORDER denying Plaintiffs' Renewed 681 Motion for Equitable Tolling. Signed by Judge Susan M. Brnovich on 3/18/2024. (ESG) |
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GPO
Apr 02 2024
ORDER denying Plaintiffs' Daubert 704 Motion to Exclude the Expert Reports and Testimony of Michael Haugen Pursuant to Fed. R. Evid. 702. Signed by Judge Susan M. Brnovich on 4/2/2024. (ESG) |
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GPO
Apr 03 2024
ORDER striking Defendants' Motion to Strike Claims of Opt-In Plaintiffs and Rule 23 Class Members and Compel Arbitration and to Continue the Trial Date (Doc. 740, [747-1]. Signed by Judge Susan M. Brnovich on 4/3/2024. (ESG) |
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GPO
Jun 10 2024
ORDER granting Plaintiffs' Unopposed 777 Motion for Preliminary Approval of Class Action Settlement Agreement and Amendment of Rule 23 Class for Settlement Purposes. The Court hereby preliminary approves the settlement agreement as being fair, reasonable, and adequate to the class members. IT IS FURTHER ORDERED that an in-person Final Fairness Hearing shall be held on 8/27/2024 at 10:00 a.m. This hearing will be scheduled for two (2) hours. See attached Order for complete details and further directive. Signed by Judge Susan M. Brnovich on 6/10/2024. (ESG) |
| Docket last updated: 04/27/2025 11:59 PM MST |
| Thursday, February 06, 2025 | ||
| 848 | 848
misc
Sealed Document
Thu 02/06 3:03 PM
Sealed Exhibit A to Court's Order847 . (cc: All Cnsl) (MAP) |
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| 847 | 847
23
pgs
order
Order on Motion for Attorney Fees Order on Motion to Strike
Thu 02/06 1:00 PM
ORDER denying808 Plaintiffs' Motion to Strike Confidential Mediation Information. FURTHER ORDERED granting788 Plaintiffs' Application for Award of Attorneys' Fees, Costs, and Expenses and the Supplement to the Application814 . The Court awards Plaintiffs $1,703,825.75 in attorneys' fees and $350,384.74 in non-taxable costs. FURTHER ORDERED that the Clerk of Court is directed to file Exhibit A separately from this Order under seal. Signed by Judge Susan M Brnovich on 2/6/25. (MAP) |
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