Dollar General 2014 Annual Report Download - page 152

10-K
DOLLAR GENERAL CORPORATION AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (Continued)
8. Commitments and contingencies (Continued)
Company opposed the motion. 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 Ninth Circuit denied the petition for permission to appeal on April 10, 2014.
In light of the parties’ agreement to coordinate and consolidate the Main and Varela matters, the
Main plaintiff filed a request for dismissal without prejudice with the court on December 9, 2014. On
December 10, 2014, the court entered an order dismissing the Main matter without prejudice.
On July 22, 2014, a lawsuit entitled Oscar Avila v. Dolgen California, LLC and Does 1 through 50
(Case No. S-1500-CV-282549) (‘‘Avila’’) was filed in the Superior Court of the State of California for
the County of Kern. The Avila plaintiff alleges that he and other ‘‘key holders’’ 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,
pre- and post- judgment interest, statutory penalties and attorneys’ fees and costs. The Avila plaintiff
seeks to represent a putative class of California ‘‘key holders’’ as to these claims. The Avila plaintiff
also asserts a claim for unfair business practices.
The parties have resolved this matter for an amount that is not material to the Company’s
consolidated financial statements as a whole.
On November 26, 2014, a lawsuit entitled Kendra Pleasant v. Dollar General Corporation,
Dolgencorp, LLC and Does 1 through 50 (Case No. CIVDS1417709 (‘‘Pleasant’’) was filed in the
Superior Court of the State of California for the County of San Bernardino. The Pleasant plaintiff
alleges that she and other non-exempt employees were not paid for all time worked, reimbursed for
necessary business related expenses, provided rest and meal breaks, and provided accurate wage
statements in violation of California wage and hour laws. The Pleasant plaintiff seeks to recover alleged
unpaid wages, restitution, interest, statutory penalties, unspecified damages, and attorneys’ fees and
costs. The Pleasant plaintiff also asserts a claim for unfair business practices.
On December 31, 2014, the Company removed this matter to the United States District Court for
the Central District of California (Case No. 5:14-cv-02645-JGB-KK). On January 14, 2015, the
Company moved the court to compel arbitration and dismiss the plaintiff’s class claims. The Pleasant
plaintiff filed her response to the motion to compel arbitration on February 2, 2015. The Company
filed its reply on February 9, 2015.
On February 18, 2015, the court granted the Company’s motion to compel arbitration and
dismissed the Pleasant complaint with prejudice.
After the Company filed its motion to compel arbitration, the Pleasant plaintiff filed a separate
complaint in the Superior Court of the State of California for the County of San Bernardino styled
Kendra Pleasant v. Dollar General Corporation, Dolgen California, LLC, and Does 1 through 50 (Case
No. CIVDS1500651) (‘‘Pleasant II’’) in which the plaintiff seeks to proceed under the PAGA for various
alleged violations of California’s Labor Code. Plaintiff alleges that she and other similarly situated
non-exempt California store-level employees were not paid for all time worked, provided meal and rest
breaks, reimbursed for necessary work related expenses, and provided with accurate wage statements.
Plaintiff seeks to recover unpaid wages, civil and statutory penalties, interest, attorneys’ fees and costs.
On March 12, 2015, the Company filed a demurrer asking the court to abate all proceedings in the
Pleasant II matter pending an issuance of a final judgment in the Varela matter.
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