Bimbo Bakeries Can't Trim Drivers' Class Action

Law360, New York (April 12, 2011, 6:26 PM EDT) -- Bimbo Bakeries USA Inc. failed Tuesday to toss claims from Texas opt-in plaintiffs in a Pennsylvania class action alleging the company denies delivery drivers employment benefits while forcing them to pay for their trucks and distribution rights.

Judge Mitchell S. Goldberg of the U.S. District Court for the Eastern District of Pennsylvania rejected Bimbo's motion to dismiss the claims, saying dismissal was too harsh a punishment for the opt-in plaintiffs, who had refused to comply with court-ordered discovery.

“While the Texas opt-ins’ refusal to participate in...
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