Syed, et al. v. M-I, L.L.C.

Filing 15

Stipulation and Order Continuing Hearing Dates for Motion for Conditional Collective Action Certification and Motion for Class Action/Collective Certification, signed by Magistrate Judge Michael J. Seng on 08/05/2013. (Yu, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
SARMAD SYED, individually, and on
Case No. 1:12-cv-01718-AWI-MJS
behalf of all others similarly situated;
ASHLEY BALFOUR, individually, and
ORDER CONTINUING
on behalf of all others similarly situated,,
HEARING DATES FOR
MOTION FOR CONDITIONAL
Plaintiffs,
COLLECTIVE ACTION
CERTIFICATION AND MOTION
vs.
FOR CLASS
ACTION/COLLECTIVE
M.I., L.L.C. a Delaware Limited
CERTIFICATION
Liability Company, doing business as
M-I SWACO; and DOES 1 through 10,
inclusive,

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Defendants.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

ORDER
DB2/ 24278665.1

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Having read and considered the parties’ Joint Stipulation, and finding good
cause therefor, the Court hereby GRANTS the Joint Stipulation as follows:
IT IS HEREBY ORDERED that:

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(1) The hearing on Plaintiffs’ Motion for Conditional Collective Action

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Certification is continued from 9:30 a.m. on August 30, 2013 to 9:30

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a.m. on February 21, 2014;

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(2) Defendant’s opposition thereto will be due on or before January 17,

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2014; and
(3) Plaintiffs’ reply thereto will be due on or before January 31, 2014.
IT IS HEREBY FURTHER ORDERED that:
(1) The hearing on Plaintiffs’ Motion for Class Certification and, if

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applicable, Motion for Collective Certification is continued from 1:30

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p.m. on January 17, 2014 to 1:30 p.m. on July 14, 2014;

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(2) Plaintiffs’ deadline for filing the Motion for Class Certification and, if

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applicable, Motion for Collective Certification will be April 7, 2014;

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(3) Defendant’s opposition thereto will be due on or before May 12, 2014;

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(4) Plaintiffs’ reply thereto will be due on or before June 9, 2014;

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(5) The deadline for disclosing expert witnesses for purposes of moving

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for/against class certification and, if applicable, moving for/against

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collective certification will be March 21, 2014; and

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(6) In the event that the Court grants conditional certification of Plaintiffs’

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Fair Labor Standards Act (“FLSA”) Claim for Relief and authorizes

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Notice of Right to Join Action Pursuant to 29 U.S.C. § 216(b), the

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FLSA claim of any individual filing a Consent to Join this action as a

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potential member of the FLSA collective action shall be tolled from

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August 5, 2013 until February 21, 2014 (or such other date as the

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Court sets for the hearing of Plaintiffs’ Motion), thereby extending the

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applicable statute of limitation for each such individual by the number

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW

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LOS ANGELES

DB2/ 24278665.1

[PROPOSED] ORDER

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of days from August 5, 2013 to the date upon which the Motion is

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heard.

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IT IS SO ORDERED.
Dated:

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August 5, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW

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LOS ANGELES

DB2/ 24278665.1

[PROPOSED] ORDER