Nasir Uddin v. RadioShack Corporation et al

Filing 108

MINUTES (IN CHAMBERS) ORDER REOPENING DISCOVERY by Judge Christina A. Snyder: The Court ORDERS that discovery be reopened until 1/14/2013 to allow plaintiff to seek additional evidence in support of a renewed motion for class certification. Plaintiff may only seek discovery relevant to the issue whether defendant implemented uniform policies denying meal and rest breaks and encouraging employees to not record time worked. Additionally, the Court ORDERS the parties to meet and confer to set a briefing schedule for plaintiff's renewed motion for class certification, and submit that schedule to the Court for approval. ( MD JS-5 Case Reopened. ) Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

JS-5

Case No.

CV 11-00398 CAS(JCGx)

Title

NASIR UDDIN ET AL V. RADIOSHACK CORPORATION ET AL

Present: The Honorable

Date

November 6, 2012

CHRISTINA A. SNYDER

Catherine Jeang
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants

Not Present

Not Present

Proceedings:

(In Chambers:) ORDER REOPENING DISCOVERY

On January 18, 2011, plaintiff Nasir Uddin filed a putative class action against
defendant RadioShack Corporation (“RadioShack” or “defendant”) in Orange County
Superior Court asserting multiple claims for defendant’s alleged failure to pay regular
and overtime wages, provide meal and rest breaks, provide accurate wage-and-hour
statements, and pay timely compensation due upon termination.
On June 15, 2011, plaintiff filed the operative second amended complaint (“SAC”).
The SAC alleges the following eight claims for relief: (1) failure to pay regular, overtime,
and minimum wages pursuant to Cal. Labor Code §§ 510, 558, 1194, and 1198;
(2) failure to provide required meal breaks pursuant to Cal. Labor Code §§ 226.7, 512
and Wage Order 7-2001 § 11; (3) failure to provide required rest breaks pursuant to Cal.
Labor Code § 226.7 and Wage Order 7-2001 § 12; (4) failure to pay all wages when due
in a timely manner pursuant to Cal. Labor Code §§ 201 and 202; (5) failure to provide
and maintain accurate wage statements pursuant to Cal. Labor Code §§ 226, 226.3, 1174,
and 1174.5; (6) unfair business practices pursuant to Cal. Bus. & Prof. Code §§ 17200 et
seq. (“UCL”); (7) civil penalties pursuant to the Private Attorney General Act, Cal. Labor
Code §§ 2698 et seq. (“PAGA”); and (8) failure to pay overtime wages pursuant to the
Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq.
On July 2, 2012, the Court issued an order denying plaintiff’s motion for class
certification. Specifically, the Court found that plaintiff’s meal break subclass and
unpaid wages subclass failed to meet Rule 23(a)’s commonality requirement, and found
that plaintiff’s rest break subclass failed to meet Rule 23(b)’s predominance requirement.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date

JS-5

Case No.

CV 11-00398 CAS(JCGx)

November 6, 2012

Title

NASIR UDDIN ET AL V. RADIOSHACK CORPORATION ET AL

On August 10, 2012 the Court stayed this case pending the resolution of plaintiff’s
petition to the Ninth Circuit seeking to appeal the Court’s July 2, 2012 order. On October
18, 2012 the Ninth Circuit declined to review the Court’s order.
On November 2, 2012, the parties submitted a joint status report setting out their
respective positions regarding how this case should go forward. Plaintiff proposes
reopening discovery in this case to allow him to take depositions that will purportedly
support his theory that defendants’ implemented practices and policies that encouraged
employees to not record their time worked and to not take meal and rest breaks.
Following this discovery, plaintiff plans to make a renewed motion for class certification.
Defendant, in contrast, proposes that the case proceed to trial on plaintiff’s individual
claims because plaintiff’s request for class certification has already been denied and the
new discovery plaintiff seeks cannot remedy the defects noted by the Court in its July 2,
2012 order.
After considering the parties submissions, the Court ORDERS that discovery be
reopened until January 14, 2013 to allow plaintiff to seek additional evidence in support
of a renewed motion for class certification. Plaintiff may only seek discovery relevant to
the issue whether defendant implemented uniform policies denying meal and rest breaks
and encouraging employees to not record time worked. Additionally, the Court
ORDERS the parties to meet and confer to set a briefing schedule for plaintiff’s renewed
motion for class certification, and submit that schedule to the Court for approval.
IT IS SO ORDERED.

00
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

00

CMJ

Page 2 of 2