Legal Opinion

Phelps v. 3PD, Inc.

District Court, D. Oregon

Decided September 30, 2009No. CV-08-387-HUPublishedCited by 10 opinions

1Opinion of the Court

*552OPINION & ORDER

HUBEL, United States Magistrate Judge:

Plaintiffs David Phelps and Max Lugauer bring wage and other claims against defendant 3PD, Inc., based on the allegation that defendant purposefully misclassified plaintiffs, and a class of similarly situated individuals who provide home delivery services for defendant, as “independent contractors,” when in fact, according to plaintiffs, they were defendant’s employees.

Plaintiffs move for certification of a class on certain claims under Federal Rule of Civil Procedure 23. They also seek appointment of Phelps and Lugauer as class…

2Cases cited28 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Hanlon v. Chrysler Corp.Court of Appeals for the Ninth Circuit · 1998
  3. David Hanon v. Dataproducts Corporation Jack C. DavisCourt of Appeals for the Ninth Circuit · 1992
  4. Blackie v. BarrackCourt of Appeals for the Ninth Circuit · 1975
  5. Armstrong v. DavisCourt of Appeals for the Ninth Circuit · 2001

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3Cited by10 opinions

  1. In re Conagra Foods, Inc.District Court, C.D. California · 2015
  2. Norris-Wilson v. Delta-T Group, Inc.District Court, S.D. California · 2010
  3. Villalpando v. Exel Direct Inc.District Court, N.D. California · 2014
  4. Giles v. St. Charles Health System, Inc.District Court, D. Oregon · 2013
  5. Global Executive Management Solutions, Inc. v. International Business Machines Corp.District Court, D. Oregon · 2017

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