Alexander et al v. FedEx Ground Package System, Inc. et al

Filing 136

ORDER re Supplemental Briefing re 34 Joint Submission; and 35 Ex Parte Motion to Intervene and for Appointment. Signed by Judge Edward M. Chen on August 24, 2015. (emclc2, COURT STAFF) (Filed on 8/24/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEAN ALEXANDER, et al.,

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Plaintiffs,

For the Northern District of California

United States District Court

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No. C-05-0038 EMC

v.
FEDEX GROUND PACKAGE SYSTEM,
INC.,

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ORDER RE SUPPLEMENTAL
BRIEFING RE JOINT SUBMISSION;
AND EX PARTE MOTION TO
INTERVENE AND FOR
APPOINTMENT

Defendant.
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(Docket Nos. 134-35)
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This order addresses two filings that have recently been made in the above-referenced case.

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First, regarding the parties’ joint submission filed on August 20, 2015, see Docket No. 134,

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the Court hereby orders supplemental briefing. More specifically, the parties shall address why the

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meal-and-rest-break claims prior to August 2011 are time barred – particularly as a meal-and-rest-

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break claim was included as part of the original class action complaint filed in 2004. See, e.g., Am.

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Pipe & Constr. Co. v. Utah, 414 U.S. 538, 554 (1974) (stating that “the commencement of a class

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action suspends the applicable statute of limitations as to all asserted members of the class who

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would have been parties had the suit been permitted to continue as a class action”). The

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supplemental brief shall be filed by August 28, 2015, at 9:00 a.m.

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Second, regarding the ex parte application filed by Henrik Zohrabians in which he seeks to

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intervene and to be appointed as a subclass representative, see Docket No. 135, the Court shall not

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issue, at this time, any rulings on the requests for relief. However, the Court shall permit Mr.

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Zohrabians to make an appearance at the September 3, 2015, hearing so that the Court may address

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how to proceed with the motions.

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IT IS SO ORDERED.

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Dated: August 24, 2015

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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