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

Filing 20

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 12/17/2013. (Yu, L)

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UNITED STATES DISTRICT COURT
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,
Defendants.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

ORDER

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Having read and considered the parties’ Joint Stipulation, and finding good
cause therefore, the Court hereby GRANTS the Joint Stipulation as follows:
IT IS HEREBY ORDERED that:
(1)

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Certification is continued from 9:30 a.m. on February 21, 2014 to 9:30

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a.m. on March 28, 2014;
(2)

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(3)

(1)

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p.m. on July 14, 2014 to 1:30 p.m. on August 29, 2014;
(2)

(3)

Defendant’s opposition thereto will be due on or before June 23, 2014;

(4)

Plaintiffs’ reply thereto will be due on or before July 21, 2014;

(5)

The deadline for disclosing expert witnesses for purposes of moving
for/against class certification and, if applicable, moving for/against

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Plaintiffs’ deadline for filing the Motion for Class Certification and, if
applicable, Motion for Collective Certification will be May 19, 2014;

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The hearing on Plaintiffs’ Motion for Class Certification and, if
applicable, Motion for Collective Certification is continued from 1:30

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Plaintiffs’ reply thereto will be due on or before March 7, 2014.

IT IS HEREBY FURTHER ORDERED that:

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Defendant’s opposition thereto will be due on or before February 21,
2014; and

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The hearing on Plaintiffs’ Motion for Conditional Collective Action

collective certification will be May 5, 2014; and
(6)

In the event that the Court grants conditional certification of Plaintiffs’
Fair Labor Standards Act (“FLSA”) Claim for Relief and authorizes
Notice of Right to Join Action Pursuant to 29 U.S.C. § 216(b), the
FLSA claim of any individual filing a Consent to Join this action as a
potential member of the FLSA collective action shall be tolled from
February 21, 2014 until March 28, 2014 (or such other date as the
Court sets for the hearing of Plaintiffs’ Motion), thereby extending the

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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ORDER

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applicable statute of limitation for each such individual by the number

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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.

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Dated:

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December 17, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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ci4d6

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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ORDER