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HARGROVE v. SLEEPY'S LLC

No. 19-2809.

974 F.3d 467 (2020)

Sam HARGROVE; Andre Hall; Marco Eusebio, individually and on behalf of all others similarly situated, Appellants v. SLEEPY'S LLC v. I Stealth LLC; Eusebio's Trucking Corp.; Curva Trucking LLC.

United States Court of Appeals, Third Circuit.

Opinion filed September 9, 2020.

Attorney(s) appearing for the Case

Harold L. Lichten (Argued), Benjamin J. Weber , Lichten & Liss-Riordan, 729 Boylston Street, Suite 2000, Boston, MA 02116.

Anthony L. Marchetti, Jr. , 317 Delsea Drive, Sewell, NJ 08080, Counsel for Appellants.

Marc Esterow , Theo E.M. Gould , Matthew J. Hank (Argued), Paul C. Lantis , Jonathan L. Shaw , Littler Mendelson, 1601 Cherry Street, Three Parkway, Suite 1400, Philadelphia, PA 19102, Counsel for Appellee.

Peter Winebrake , Winebrake & Santillo LLC, 715 Twinning Road, Twinning Office Center, Suite 211, Dresher, PA 19025, Counsel for Amicus Appellants The National Employment Law Project and Towards Justice.

Adam G. Unikowsky , Jenner & Block, 1099 New York Avenue, N.W., Suite 900, Washington, DC 20001, Counsel for Amicus Appellees Chamber of Commerce of the United States of America and New Jersey Civil Justice Institute.

Before: AMBRO, HARDIMAN, and RESTREPO, Circuit Judges.

OPINION OF THE COURT

We review the District Court's denial of a renewed motion for certification of a proposed class of drivers who performed deliveries on a full-time basis using one truck for mattress retailer Sleepy's LLC. The Court held that the class was not ascertainable. Hargrove v. Sleepy's LLC, No...

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