Aldapa et al v. Fowler Packing Company Inc. et al

Filing 171

ORDER Directing Additional Briefing (re #145 plaintiff's motion for class certification), signed by District Judge Dale A. Drozd on 5/19/2017. (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BEATRIZ ALDAPA, et al.,

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Plaintiffs,

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v.

No. 1:15-cv-00420-DAD-SAB

ORDER DIRECTING ADDITIONAL
BRIEFING

FOWLER PACKING COMPANY, INC.,
et al.,
Defendants.

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On February 3, 2017, plaintiffs filed a motion for class certification. (Doc. No. 145.)

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Following briefing by the parties, oral argument was held on the motion on May 17, 2017, with

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attorneys Mario Martinez, Ira Gottlieb, and Dexter Rappleye appearing on behalf of plaintiffs and

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attorneys Howard Sagaser and Ian Wieland appearing on behalf of defendants. At that hearing,

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the court advised the parties a written order would issue directing further briefing on several

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different topics relevant to the court’s disposition of the pending class certification motion.

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The parties are now directed to brief the following issues:

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1. Whether the named plaintiffs have standing to seek injunctive relief on behalf of the

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class, given they are no longer current employees, or damages for any class period beyond which

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they were employed, and if not, whether additional named plaintiffs with standing to seek such

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relief can and will be joined;

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2. Whether certification of each of the subclasses under Rule 23(b)(2) is appropriate in

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light of the addition of any additional named plaintiffs, or necessary1 for any subclass certified

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under Rule 23(b)(3);
3. Whether there is evidence the alleged meal period violations affected all of defendants’

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non-exempt agricultural workers within the Meal Period Subclass or was confined to crews

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headed by certain forepersons, and if the latter, which forepersons would appropriately be

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included in any reformulated subclass definition;
4. How plaintiffs’ legal theories provide for the named defendants’ liability with respect

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to the actions of their forepersons in connection with the proposed Ghost Worker Subclass;

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5. To the extent the Ghost Worker Subclass is constrained to crews overseen by certain

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forepersons, which forepersons would appropriately be included in any reformulated subclass

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definition;

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6. Whether the Off-the-Clock Work Subclass may be certified with respect to both hourly
and piece-rate workers; and

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7. Whether there is evidence the alleged violations of the Off-the-Clock Work Subclass

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affected all defendants’ non-exempt agricultural workers or were confined to crews headed by

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certain forepersons, and if the latter, which forepersons would appropriately be included in any

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reformulated subclass definition.
Plaintiffs’ initial brief addressing these issues is due within fourteen (14) days of service

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of this order. Defendants’ opposition is due within fourteen (14) days thereafter. Plaintiffs’ may,

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but are not required to, file a reply brief within seven (7) days of defendants’ opposition. Both

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plaintiffs’ initial brief and defendant’s opposition thereto may be no more than twenty-five (25)

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pages in length. Plaintiffs’ reply brief may be no more than ten (10) pages in length.

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As further discussed during the hearing, defendants are directed to file a request to seal
any records disclosed during discovery that plaintiffs seek to use in connection with the class

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See 5 Newberg on Class Actions § 4:38 (discussing hybrid classes under Rule 23(b)(2) and
(b)(3), and suggesting the court need not conduct a separate (b)(2) inquiry for classes meeting the
(b)(3) requirement).
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certification motion for which defendants believe sealing is necessary within fourteen (14) days

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of service of this order. Plaintiffs may file an opposition or a notice of non-opposition to such a

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request within fourteen (14) days thereafter, and defendants may file a reply seven (7) days

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thereafter. Any request to seal should be accompanied by a proper showing under Local Rule 141

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and relevant authority, and may not simply rely on the parties’ stipulated protective order or their

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stipulation to sealing.

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IT IS SO ORDERED.

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Dated:

May 19, 2017
UNITED STATES DISTRICT JUDGE

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