PORTLAND, Ore. (LN) — A federal judge in Oregon on Monday denied Safeway Inc.‘s bid to dismiss a wage-and-scheduling class action for lack of jurisdiction, ruling that the grocery chain failed to show the case became moot when the original named plaintiff disappeared before his deposition and stopped communicating with his attorney.
U.S. District Judge Mustafa T. Kasubhai granted Jason Wilson leave to amend the complaint to substitute Donovan DeCoster as the named plaintiff and proposed class representative, finding the case remained live despite Wilson’s failure to appear for a January 2026 deposition in Coos Bay.
Safeway argued Wilson’s disappearance mooted his individual claims and thus the entire class action. The court rejected that framing, noting Wilson has not settled, voluntarily dismissed, or satisfied his claims. “Wilson’s failure to remain in contact with his counsel does not terminate his personal stake in this case, relinquish his interest, or settle his claims,” Kasubhai wrote. “His claims have not been satisfied or resolved and are therefore live.”
The ruling turns on Ninth Circuit precedent treating mootness flexibly in pre-certification class actions. Citing Pitts v. Terrible Herbst and other circuit authority, Kasubhai found that where a named plaintiff’s claim has not been voluntarily abandoned and a replacement class member is ready to step in, dismissal is not required. DeCoster, who worked as a barista at a Safeway store in Beaverton between June 2024 and February 2025, is prepared to serve as class representative.
Wilson filed the putative class action in March 2025 alleging Safeway violated Oregon’s predictive scheduling and wage laws by changing hourly employees’ schedules daily with little notice and requiring additional hours without extra compensation. DeCoster’s proposed amended complaint adds new factual allegations about his own experience, including that he received less than three days’ notice before being required to cover shifts for coworkers who called out.
Safeway opposed the amendment, arguing the new allegations implicated an exemption under Oregon law and that allowing substitution would be prejudicial. The court found Safeway had produced fewer than 500 pages of documents, with only about 131 specifically related to Wilson, and that the case remains in early stages with discovery deadlines 180 days away and class certification motions due within 90 days.
The judge also declined Safeway’s request to condition the amendment on compelling Wilson’s deposition and awarding $27,714.99 in costs and fees. Kasubhai said such relief was more appropriately sought under the discovery rules.