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.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GINA MCKEEN-CHAPLIN,
individually, on behalf of all
others similarly situated, and
on behalf of the general public,

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Plaintiffs,
v.

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PROVIDENT SAVINGS BANK, FSB, and
DOES 1-50, inclusive,

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Defendants.
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2:12-cv-03035-GEB-JFM
ORDER

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This is a putative class action, in which Plaintiff alleges

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wage and hour violations under the Fair Labor Standards Act (“FLSA”) and

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state law, and a California Business and Professions Code sections

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17200, et seq. claim.

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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
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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.

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. . . .
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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.

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Defendant intends to file a motion to deny
supplemental jurisdiction over Plaintiff’s state
law claims on or before May 20, 2013.

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. . . .
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The Parties propose the following deadlines:
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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.

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(JSR 2:11-19, 3:1-6, 4:17-21, ECF No. 12.)

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The parties’ proposed briefing schedule concerning the three

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referenced motions is adopted, as follows: Plaintiff’s motion for

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conditional class certification under the FLSA and Defendant’s motion to

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deny supplemental jurisdiction over Plaintiff’s state law claims shall

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be filed no later than May 20, 2013; Plaintiff’s motion for class

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certification of her state law claims shall be filed no later than June

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22, 2013. These motions shall be noticed for hearing on the earliest

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available regularly scheduled law and motion hearing dates.

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Further, the Status (Pretrial Scheduling) Conference set for
March 18, 2013, is continued to September 16, 2013, at 9:00 a.m.
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JOINT status report shall be filed no later than fourteen (14) days

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prior to the status conference.

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IT IS SO ORDERED.
Dated:

March 11, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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