Lewis, et al. v. County of Colusa

Filing 56

ORDER re September 15, 2017 Hearing on 16 Motion for Summary Judgment filed by County of Colusa signed by District Judge Vince Chhabria on September 8, 2017. (Law Clerk, VCLC3)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

MILES LEWIS, et al.,

Case No. 16-cv-01745-VC

Plaintiffs,
ORDER REGARDING
SEPTEMBER 15, 2017 HEARING

v.
COUNTY OF COLUSA,

Re: Dkt. No. 16

Defendant.

The September 15, 2017 in-person hearing on the County's motion for summary
judgment or summary adjudication is converted to a telephonic hearing to take place at 1:30 p.m.
on September 15. Plaintiffs' counsel shall provide the Court and all other parties a conference
line and access code to use during the hearing by no later than three court days beforehand.
Plaintiffs' counsel shall email this information to [e-mail] and copy opposing
counsel.
The Court is strongly inclined (1) to grant the plaintiffs' request for leave to amend the
complaint; and (2) to allow the plaintiffs to conduct discovery regarding the health-in-lieu issue
with respect to the three collective bargaining units other than the Deputy Sheriffs' Association,
to confirm that health-in-lieu payments are properly included in non-exempt employees' regular
rate of pay. Should the Court conclude after the telephonic hearing that such a course is
appropriate, the Court will set a schedule that requires the plaintiffs to file a motion for
conditional certification of the collective and that sets a deadline for putative plaintiffs to opt in
to the collective prior to the new deadline for filing dispositive motions. The Court anticipates
that the new deadline for filing dispositive motions will be in March 2018.

In light of these comments, the plaintiffs are ordered to lodge a revised proposed
amended complaint by September 11, 2017 that clearly alleges their Fair Labor Standards Act
claim regarding holiday pay, as well any remaining claims regarding health-in-lieu pay.

IT IS SO ORDERED.
Dated: September 8, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

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