Marjorie Ann Diaz v. Target Corporation
Plaintiff Diaz filed a class action complaint on behalf of herself and all others similarly situated. Ms Diaz was an hourly non-exempt employee of Target in Irvine, California, from approximately October 2000 until May 2009. The Plaintiff sues on the following causes:
(1) failure to provide meal periods under California Labor Code § 226.7;
(2) failure to provide rest periods,
(3) failure to timely pay wages due at termination,
(4) failure to comply with itemized wage statement provisions,
(5) failure to pay overtime compensation,
(6) failure to reimburse expenses,
(7) penalties pursuant to the California Private Attorney General Act,
(8) violations of the Unfair Competition Law under California Business & Professions Code,
(9) violations of the Unfair Practices Act under California Business & Professions Code
Richard Quintilone needs to register additional current or former California Target employees for this civil suit. If you would like to be included or just want additional information please email info@quintlaw.com.
This is a long and important case, too long to go into a summary here, if you want more info take a look at this blog site for details: http://diaz-target.blogspot.com/
==============================================
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MARJORIE ANN DIAZ, an individual, on
behalf of herself and all others similarly
situated, Plaintiff,
vs.
TARGET CORPORATION, a Minnesota
corporation; and DOES 1 through 100,
inclusive, Defendants.
No. 8:10-CV-01103 AG (MLGx)
PLAINTIFF MARJORIE ANN DIAZ’S NOTICE OF MOTION AND
MOTION FOR CLASS CERTIFICATION
[Filed Concurrently with the
Memorandum of Points and Authorities,
Putative Class Member and Manager
Declarations, Declaration of Richard E.
Quintilone II, Esq. and Exhibits Thereto]
Judge: Hon. Andrew I. Guilford
Date: November 29, 2010
Time: 10:00 AM
Courtroom: 10D, 411 West Fourth Street, Santa Ana, CA
ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Please take notice that on November 29, 2010, at 10:00 a.m., or as soon
thereafter as the matter may be heard, in Courtroom 10 of the United States District Court for the Central District of California, Plaintiff Marjorie Ann Diaz will move for an order granting class certification.
This motion will be based on this Notice of Motion; the Memorandum of
Points and Authorities; Putative Class Member and Manager Declarations;
Declaration of Richard E. Quintilone II Esq. exhibits thereto; additional Exhibits; and on such other oral and documentary evidence as may be presented at or before the hearing of the Motion.
Date: October 19, 2010 QUINTILONE & ASSOCIATES
______________________________
RICHARD E. QUINTILONE II,
Attorney for Plaintiff MARJORIE ANN DIAZ
===========================================
Below is a bit of the 3 page Declaration of Katerra Davis, found on the other referenced blog site:
3. During the 2009 time frame, I attended a weekly training that dealt with the issue of how to get the Target Team Members to wear the red shirts and khaki pants. We were trying to force Team Members to wear the red shirts and khaki pants without actually instructing them that these were “uniforms.”
4. At this meeting, Target Corporate issued written directive and a training statement that told us what we were supposed to say to Team Members in order to persuade them to wear the red shirts and khaki pants, and how to deal with any negativity from team members regarding the uniforms.
5. The statement from Target Corporate regarding the red shirts and khaki pants told us to tell team members about the importance of “being a team player” and that when they are wearing the team colors, they are showing support for the team and it helps to build team morale. The true reason for these statements was to manipulate the team members into wearing the red shirts and khaki pants by making them feel as though they were not part of the Target team if they did not cooperate with the instructions regarding clothing.
6. Pursuant to Target’s Corporate company policy, also called a Training publication, we were not allowed to actually “tell” the team members that they “had” to wear the red shirts and khaki pants, and so this training and statement was to show us how to work around that rule, which I now understand is the law. We were to do that by making team members feel as though they didn’t have the choice not to wear. . .
Plaintiff Diaz filed a class action complaint on behalf of herself and all others similarly situated. Ms Diaz was an hourly non-exempt employee of Target in Irvine, California, from approximately October 2000 until May 2009. The Plaintiff sues on the following causes:
(1) failure to provide meal periods under California Labor Code § 226.7;
(2) failure to provide rest periods,
(3) failure to timely pay wages due at termination,
(4) failure to comply with itemized wage statement provisions,
(5) failure to pay overtime compensation,
(6) failure to reimburse expenses,
(7) penalties pursuant to the California Private Attorney General Act,
(8) violations of the Unfair Competition Law under California Business & Professions Code,
(9) violations of the Unfair Practices Act under California Business & Professions Code
Richard Quintilone needs to register additional current or former California Target employees for this civil suit. If you would like to be included or just want additional information please email info@quintlaw.com.
This is a long and important case, too long to go into a summary here, if you want more info take a look at this blog site for details: http://diaz-target.blogspot.com/
==============================================
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MARJORIE ANN DIAZ, an individual, on
behalf of herself and all others similarly
situated, Plaintiff,
vs.
TARGET CORPORATION, a Minnesota
corporation; and DOES 1 through 100,
inclusive, Defendants.
No. 8:10-CV-01103 AG (MLGx)
PLAINTIFF MARJORIE ANN DIAZ’S NOTICE OF MOTION AND
MOTION FOR CLASS CERTIFICATION
[Filed Concurrently with the
Memorandum of Points and Authorities,
Putative Class Member and Manager
Declarations, Declaration of Richard E.
Quintilone II, Esq. and Exhibits Thereto]
Judge: Hon. Andrew I. Guilford
Date: November 29, 2010
Time: 10:00 AM
Courtroom: 10D, 411 West Fourth Street, Santa Ana, CA
ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Please take notice that on November 29, 2010, at 10:00 a.m., or as soon
thereafter as the matter may be heard, in Courtroom 10 of the United States District Court for the Central District of California, Plaintiff Marjorie Ann Diaz will move for an order granting class certification.
This motion will be based on this Notice of Motion; the Memorandum of
Points and Authorities; Putative Class Member and Manager Declarations;
Declaration of Richard E. Quintilone II Esq. exhibits thereto; additional Exhibits; and on such other oral and documentary evidence as may be presented at or before the hearing of the Motion.
Date: October 19, 2010 QUINTILONE & ASSOCIATES
______________________________
RICHARD E. QUINTILONE II,
Attorney for Plaintiff MARJORIE ANN DIAZ
===========================================
Below is a bit of the 3 page Declaration of Katerra Davis, found on the other referenced blog site:
3. During the 2009 time frame, I attended a weekly training that dealt with the issue of how to get the Target Team Members to wear the red shirts and khaki pants. We were trying to force Team Members to wear the red shirts and khaki pants without actually instructing them that these were “uniforms.”
4. At this meeting, Target Corporate issued written directive and a training statement that told us what we were supposed to say to Team Members in order to persuade them to wear the red shirts and khaki pants, and how to deal with any negativity from team members regarding the uniforms.
5. The statement from Target Corporate regarding the red shirts and khaki pants told us to tell team members about the importance of “being a team player” and that when they are wearing the team colors, they are showing support for the team and it helps to build team morale. The true reason for these statements was to manipulate the team members into wearing the red shirts and khaki pants by making them feel as though they were not part of the Target team if they did not cooperate with the instructions regarding clothing.
6. Pursuant to Target’s Corporate company policy, also called a Training publication, we were not allowed to actually “tell” the team members that they “had” to wear the red shirts and khaki pants, and so this training and statement was to show us how to work around that rule, which I now understand is the law. We were to do that by making team members feel as though they didn’t have the choice not to wear. . .