Missed Deadline Dooms Class Claims In Denny's OT Case

Law360 (July 22, 2020, 10:42 PM EDT) -- A California federal judge on Wednesday shredded two attorneys who missed a deadline for asking the court to certify an overtime class action against Denny's and blamed it in part on the state's shutdown orders, cutting the class component from the case.

Mahoney Law Group attorneys Kevin Mahoney and Edward Kim's failure to meet the June 2 deadline was not "excusable neglect" stemming from the firm cutting most support staff in March, U.S. District Judge John Walter said, but part of a pattern of case mismanagement that also includes their failure to propound discovery until nine days after the class certification...

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