Dora Patricia Amaya v. Menzies Aviation USA, Inc., 2:22-cv-05915

Plaintiffs are employees of Menzies Aviation (USA), Inc., bringing a putative class action for alleged wage-and-hour violations and failure to reimburse business expenses under California law.
The district court previously granted class certification, finding common questions existed (notably regarding arbitration agreements potentially exempt from the FAA per Southwest Airlines Co. v. Saxon).
Defendant, Menzies, sought reconsideration of the class certification order, relying on the Fourth Circuit’s recent decision in In re Marriott International, Inc.
Menzies argued that class-wide contractual waivers should be resolved prior to class certification.
The court reviews reconsideration motions under Federal Rules 59(e) and 60(b), and Central District Local Rule 7-18, which require, among other things, that the grounds for reconsideration could not have been known previously.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether new law (In re Marriott) warrants reconsideration	In re Marriott is not controlling in this circuit; issue was waived.	In re Marriott is a material change in law warranting reconsideration.	Motion denied; In re Marriott not controlling, not new.
Timing of raising new case law	Defendant had opportunity to raise it earlier.	Unable to raise sooner; decision issued after briefing.	Defendant could have raised earlier; no basis for reconsideration.
Sequence of adjudicating class waivers v. certification	Sequencing can await summary judgment; class certification proper now.	Must address waivers before certification.	Not required; certification prior to waiver adjudication allowed.
Prejudice/prejudice to parties	Prejudice to plaintiffs if reconsideration granted.	Defendant prejudiced if class is certified before waiver issue addressed.	No unfair prejudice to defendant; waiver issue will be addressed later.

Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877 (9th Cir. 2000) (motions for reconsideration are extraordinary remedies, to be used sparingly)
Southwest Airlines Co. v. Saxon, 142 S. Ct. 1783 (2022) (FAA exemption for some transportation workers)