McKeen-Chaplin v. Provident Savings Bank, F.S.B.
Filing
14
ORDER signed by Judge Garland E. Burrell, Jr. on 3/11/2013 ORDERING that the proposed briefing schedule concerning the three referenced motions is ADOPTED, as follows: Plaintiff's motion for conditional class certification under the FLSA and Defendant's motion to deny supplemental jurisdiction over Plaintiff's state law claims shall be filed no later than 5/20/2013; Plaintiff's motion for class certification of her state law claims shall be filed no later than 6/22/2013. These motions shall be noticed for hearing on the earliest available regularly scheduled law and motion hearing dates. Further, the Status (Pretrial Scheduling) Conference set for 3/18/2013, is CONTINUED to 9/16/2013, at 9:00 a.m. A JOINT status report shall be filed no later than fourteen (14) days prior to the status conference. (Zignago, K.)
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE EASTERN DISTRICT OF CALIFORNIA
8
9
10
GINA MCKEEN-CHAPLIN,
individually, on behalf of all
others similarly situated, and
on behalf of the general public,
11
12
13
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Plaintiffs,
v.
14
PROVIDENT SAVINGS BANK, FSB, and
DOES 1-50, inclusive,
15
Defendants.
________________________________
2:12-cv-03035-GEB-JFM
ORDER
16
17
This is a putative class action, in which Plaintiff alleges
18
wage and hour violations under the Fair Labor Standards Act (“FLSA”) and
19
state law, and a California Business and Professions Code sections
20
17200, et seq. claim.
21
22
23
24
25
26
27
28
The parties state in the Joint Status Report filed March 4,
2013, in relevant part, as follows:
Plaintiff[] may seek to add additional
parties. The Parties suggest a deadline for joinder
of additional parties of May 20, 2013.
. . . .
Plaintiff[] may seek to amend [her] complaint. The
parties suggest an amendment deadline of May 20,
2013.
Plaintiff anticipate[s] dismissing the Doe
Defendants upon confirmation from Defendant that
1
1
2
3
Plaintiff has identified the correct legal entity,
and upon confirmation that Provident Savings Bank,
FSB has adequate resources to satisfy a judgment in
this case. Plaintiff[] hope[s] to have this
confirmation from Defendant on or before May 20,
2013.
4
. . . .
5
6
7
8
Plaintiff
has
requested
that
Defendant
stipulate to conditional certification of her FLSA
claim. Absent such a stipulation, Plaintiff intends
to file a motion for conditional certification of
her FLSA claim on or before May 20, 2013. Plaintiff
intends to file a motion for class certification of
her state law claims on or before July 22, 2013.
9
10
Defendant intends to file a motion to deny
supplemental jurisdiction over Plaintiff’s state
law claims on or before May 20, 2013.
11
. . . .
12
The Parties propose the following deadlines:
13
14
15
16
May 20, 2013: Deadline for Plaintiff to file a
motion for FLSA conditional certification and for
Defendant to file a motion to deny supplemental
jurisdiction over state law claims.
July 22, 2013: Deadline for Plaintiff[] to
file motion for class certification.
17
18
(JSR 2:11-19, 3:1-6, 4:17-21, ECF No. 12.)
19
The parties’ proposed briefing schedule concerning the three
20
referenced motions is adopted, as follows: Plaintiff’s motion for
21
conditional class certification under the FLSA and Defendant’s motion to
22
deny supplemental jurisdiction over Plaintiff’s state law claims shall
23
be filed no later than May 20, 2013; Plaintiff’s motion for class
24
certification of her state law claims shall be filed no later than June
25
22, 2013. These motions shall be noticed for hearing on the earliest
26
available regularly scheduled law and motion hearing dates.
27
28
Further, the Status (Pretrial Scheduling) Conference set for
March 18, 2013, is continued to September 16, 2013, at 9:00 a.m.
2
A
1
JOINT status report shall be filed no later than fourteen (14) days
2
prior to the status conference.
3
4
IT IS SO ORDERED.
Dated:
March 11, 2013
5
6
7
GARLAND E. BURRELL, JR.
Senior United States District Judge
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?