Dollar General 2013 Annual Report Download - page 156

DOLLAR GENERAL CORPORATION AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (Continued)
8. Commitments and contingencies (Continued)
Similarly, on June 6, 2013, a lawsuit entitled Victoria Lee Dinger Main v. Dolgen California, LLC
and Does 1 through 100 (Case No. 34-2013-00146129) (‘‘Main’’) was filed in the Superior Court of the
State of California for the County of Sacramento. The Main plaintiff alleges that she and other ‘‘key
carriers’’ were not provided with meal and rest periods, accurate wage statements and appropriate pay
upon termination in violation of California wage and hour laws and seeks to recover alleged unpaid
wages, declaratory relief, restitution, statutory penalties and attorneys’ fees and costs. The Main
plaintiff seeks to represent a putative class of California ‘‘key carriers’’ as to these claims. The Main
plaintiff also asserts a claim for unfair business practices and seeks to proceed under the PAGA.
The Company removed this action to the United States District Court for the Eastern District of
California (Case No. 2:13-cv-01637-MCE-KJN) on August 7, 2013, and filed its Answer to the
Complaint on August 6, 2013. On August 29, 2013, the plaintiff moved to remand the action to state
court. The Company’s response to that motion was filed on September 19, 2013. On October 28, 2013,
the court granted plaintiff’s motion and remanded the case. The Company filed a Petition for
Permission to Appeal to the United States Court of Appeals for the Ninth Circuit on November 7,
2013. The plaintiff filed its opposition brief on November 15, 2013. The Petition remains pending.
On February 6, 2014, the Superior Court referred the matter to the Trial Setting Process and
ordered the parties to confer and agree upon a date for trial and a mandatory settlement conference.
The parties are to advise the Court of the date agreed upon for a trial and settlement conference no
later than January 30, 2015. If the parties are unable to agree upon a date by such time, the Court will
assign the next available dates.
The Company believes that its policies and practices comply with California law and that the Varela
and Main actions are not appropriate for class or similar treatment. The Company intends to vigorously
defend these actions; however, at this time, it is not possible to predict whether the Varela or Main
action ultimately will be permitted to proceed as a class, and no assurances can be given that the
Company will be successful in its defense of either action on the merits or otherwise. Similarly, at this
time the Company cannot estimate either the size of any potential class or the value of the claims
asserted in the Varela and Main actions. For these reasons, the Company is unable to estimate any
potential loss or range of loss in either matter; however, if the Company is not successful in its defense
efforts, the resolution of either action could have a material adverse effect on the Company’s
consolidated financial statements as a whole.
On May 31, 2013, a lawsuit entitled Judith Wass v. Dolgen Corp, LLC (Case No. 13PO-CC00039)
(‘‘Wass’’) was filed in the Circuit Court of Polk County, Missouri. The Wass plaintiff seeks to proceed
collectively on behalf of a nationwide class of similarly situated non-exempt store employees who
allegedly were not properly paid for certain breaks in violation of the FLSA. The Wass plaintiff seeks
back wages (including overtime), injunctive and declaratory relief, liquidated damages, pre- and
post-judgment interest, and attorneys’ fees and costs.
On July 11, 2013, the Company removed this action to the United States District Court for the
Western District of Missouri (Case No. 6:113-cv-03267-JFM). The Company filed its Answer on July 18,
2013. The plaintiff’s motion for conditional certification is due to be filed on or before March 28, 2014.
The Company’s response is due to be filed on or before April 25, 2014.
Similarly, on July 2, 2013, a lawsuit entitled Rachel Buttry and Jennifer Peters v. Dollar General Corp.
(Case no. 3:13-cv-00652) (‘‘Buttry’’) was filed in the United States District Court for the Middle
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10-K