DILTS v. PENSKE LOGISTICS, LLC

No. 12-55705.

769 F.3d 637 (2014)

Mickey Lee DILTS; Ray Rios; and Donny Dushaj, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. PENSKE LOGISTICS, LLC; and Penske Truck Leasing Co., L.P., a Delaware corporation, Defendants-Appellees, and Does 1-125, inclusive, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed July 9, 2014.

Amended September 8, 2014.


Attorney(s) appearing for the Case

Deepak Gupta (argued), Brian Wolfman , Gregory A. Beck , and Jonathan E. Taylor , Gupta Beck PLLC, Washington, D.C.; Michael D. Singer and J. Jason Hill , Cohelan Khoury & Singer, San Diego, CA, for Plaintiffs-Appellants.

James H. Hanson (argued), Scopelitis, Garvin, Light, Hanson & Feary, P.C., Indianapolis, IN; and Adam C. Smedstad , Scopelitis, Garvin, Light, Hanson & Feary, P.C., Chicago, IL, for Defendants-Appellees.

Jeffrey Clair (argued) and Stuart F. Delery , Assistant Attorneys General, Civil Division, United States Department of Justice; Kathryn B. Thomson , Acting General Counsel, Paul M. Geier , Assistant General Counsel for Litigation, and Peter J. Plocki , Deputy Assistant General Counsel for Litigation, United States Department of Transportation; and T.F. Scott Darling, III , Chief Counsel, and Debra S. Straus , Senior Attorney, Federal Motor Carrier Safety Administration, Washington, D.C., for Amicus Curiae United States of America.

Richard Pianka , ATA Litigation Center, and Prasad Sharma , American Trucking Associations, Inc., Arlington, VA; Paul DeCamp , Jackson Lewis LLP, Reston, VA; Douglas J. Hoffman , Jackson Lewis LLP, Boston, MA; and Robin S. Conrad and Shane B. Kawka , National Chamber Litigation Center, Inc., Washington, D.C.; Guillermo Marrero , International Practice Group, P.C., San Diego, CA; and Andrew J. Kahn and Richard G. McCracken , Davis, Cowell & Bowe, LLP, San Francisco, CA, for Amici Curiae.

Concurrence by Judge ZOUHARY.


ORDER AND AMENDED OPINION

ORDER

The opinion filed on July 9, 2014, and published at 757 F.3d 1078, 2014 WL 3291749, are amended by the opinion and concurrence filed concurrently with this order.

With these amendments, Chief Judge Kozinski and Judge Graber have voted to deny the petition for rehearing en banc, and Judge Zouhary has so recommended.

The full court has been advised of the petition for rehearing...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases