Adoma v. The University of Phoenix, Inc. et al

Filing 134

ORDER signed by Judge Lawrence K. Karlton on 5/14/12 ORDERING the hearing on 129 Motion to Certify Class is continued to 6/18/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. No later than 6/4/12, the parties shall file a bri ef addressing the following questions: A) What standard applies to a motion for certification of settlement classes when classes have already been certified, and how does that standard apply to the instant motion? B) How do the proposed settlement classes differ from the classes already certified? C) What effect would a settlement of the proposed settlement classes claims have on the members of the previously certified class? (Matson, R)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DIANE ADOMA,

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NO. CIV. S-10-0059 LKK/GGH
Plaintiff,

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v.
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O R D E R
THE UNIVERSITY OF PHOENIX,
INC., et al.,

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Defendants.
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/

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The court is in receipt of a Joint Motion for Certification

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of the Settlement Class and Preliminary Approval of Settlement, ECF

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No. 129. The motion is scheduled for hearing on May 21, 2012.

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The court previously certified four classes in the instant

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action, holding that certification was warranted under Fed. R. Civ.

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P. 23(b)(3). Order, August 31, 2010, ECF No. 83. The certified

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classes were defined as follows:

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1. All current or former Enrollment Counselors who

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worked at least one week in the State of California for

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either The University of Phoenix, Inc. or Apollo Group,
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Inc. at any time between April 5, 2005 and August 13,

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2010. (“California Overtime Class”) and (“California

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Meal Break Class”) and;

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2. All current or former Enrollment Counselors who

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received

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performed in the State of California for either The

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University of Phoenix, Inc. or Apollo Group, Inc. at any

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time

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(“California Paystub Class”) and;

at

least one paycheck statement for work

between

April

5,

2008

and

August 13, 2010.

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3. All current or former Enrollment Counselors who

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worked at least one week in the State of California for

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either The University of Phoenix, Inc. or Apollo Group,

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Inc. at any time between April 5, 2006 and August 13,

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2010 whose employment ended at least once during that

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same time period. This class includes current employees

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who

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working, and then began employment again. (“California

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Waiting Time Class.”)

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4. The term “Enrollment Counselors” includes employees

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with the job title of “enrollment counselor” as well as

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any other nonexempt employee who utilized the Avaya

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phone system’s Automatic Call Distribution system to

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receive calls relating to enrollment.

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during

the covered time period, ceased

Id.
In the pending joint motion, the parties seek certification

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worked

of

four

classes

with

different
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definitions

than

the

classes

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previously certified. The motion does not discuss what standards

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apply to a motion for certification of a settlement class when a

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class has already been certified. Nor does it discuss how the

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definitions of the proposed settlement classes differ from the

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classes already certified. Further, the motion does not discuss

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what effect a settlement of the claims of the proposed settlement

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class will have on the classes already certified in this action.

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The court finds a discussion of these questions to be necessary

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before it can rule on the pending joint motion. Accordingly, the

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court orders as follows:

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[1] The hearing on the Joint Motion for Certification

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of

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Settlement is CONTINUED to June 18, 2012 at 10:00 a.m.

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[2] No later than June 4, 2012, the parties SHALL file

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a brief addressing the following questions: A) What

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standard

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settlement

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certified, and how does that standard apply to the

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instant

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classes differ from the classes already certified? C)

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What

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settlement classes’ claims have on the members of the

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previously certified class?

Settlement

Class

applies

to

classes

motion?

effect

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DATED:

would

a
when

How

a

IT IS SO ORDERED.

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B)

and

May 14, 2012.

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3

Preliminary

motion

for

classes

do

the

Approval

certification

have

already

proposed

settlement

of

of

the

of

been

settlement

proposed