Cruz et al v. Dollar Tree Stores, Inc.

Filing 294

ORDER by Judge Samuel Conti granting (287) Motion for Leave to File in case 3:07-cv-02050-SC (sclc2, COURT STAFF) (Filed on 3/31/2011)

Cruz et al v. Dollar Tree Stores, Inc.

Doc. 294

1 2 3 4 5 6 7 8 9 10 ) MIGUEL A. CRUZ, and JOHN D. HANSEN, individually and on behalf ) of all others similarly situated, ) ) Plaintiffs, ) ) ) v. ) DOLLAR TREE STORES, INC., ) ) ) Defendant. ) ) ROBERT RUNNINGS, individually, and ) on behalf of all others similarly ) situated, ) ) Plaintiffs, ) ) v. ) ) DOLLAR TREE STORES, INC., ) ) Defendant. ) Case Nos. 07-2050 SC 07-4012 SC ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE AND SERVE A MOTION FOR RECONSIDERATION OF THE DECERTIFICATION ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

For the Northern District of California

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This matter comes before the Court on a Motion for Leave to File and Serve a Motion for Reconsideration filed by Plaintiffs Robert Runnings, Miguel Cruz, and John Hansen (collectively, "Plaintiffs"). ECF No. 290 ("Mot.").1 In their Motion, Plaintiffs

request leave to file a Motion for Reconsideration of this Court's September 9, 2010 Order Granting in Part and Denying in Part Cruz v. Dollar Tree, Case No. 07-2050 ("Cruz Action"), and Runnings v. Dollar Tree, Case No. 07-4012 ("Runnings Action"), have been consolidated. Unless otherwise noted, all docket numbers in this Order refer to docket entries in the Cruz Action.
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For the Northern District of California

Defendant's Motion to Decertify. Order").

See ECF No. 232 ("Sept. 9, 2010

Plaintiffs contend that leave should be granted in

accordance with Civil Local Rule 7-9(b) because of the emergence of new material facts since the Court issued its September 9, 2010 Order. Specifically, Plaintiffs contend that recent correspondence

with Defendant Dollar Tree Stores, Inc. ("Defendant") has revealed potential problems with the manner in which Defendant handled certain payroll certifications, such as those that Defendant contends were illegible. Having considered Plaintiffs' Motion, the Court GRANTS Plaintiffs leave to file a Motion for Reconsideration. However, to

United States District Court

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the extent that Plaintiffs intend to argue that the weekly payroll certifications are inaccurate writ large and therefore cannot be relied upon for class certification purposes, the Court reminds Plaintiffs of the Court's statement in its September 9, 2010 Order: "if Plaintiffs intend to argue that the certifications do not provide a reliable measure of weeks when SMs were not spending most of their time performing managerial tasks, then it is not clear to the Court how this case can proceed as a class action." 2010 Order at 20. Furthermore, it is unclear to the Court whether Defendant has produced the payroll certifications that it contends are illegible. The Court hereby ORDERS Defendant to produce those payroll certifications to Plaintiffs' counsel as soon as possible for review if it has not already done so. Plaintiffs' Motion for Reconsideration is hereby set for hearing on May 27, 2011 at 10 a.m. Plaintiffs shall file their Defendants shall Sept. 9,

Motion for Reconsideration by April 22, 2011.

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file their Opposition by May 6, 2011. Reply by May 13, 2011.

Plaintiffs shall file their

Lastly, two additional motions are currently before the Court in this case: Defendant's Motion to Bifurcate the Liability and Damages Phases of Trial and Set the Order of Presentation and Argument at Trial, ECF No. 277 ("Def.'s Mot. to Bifurcate"), and Plaintiff's Motion for Pre-Trial Order No. 1, ECF No. 290. These

Motions are currently set for hearing on April 8, 2011 and May 27, 2011 respectively. In the interest of efficiency, the Court hereby

RESCHEDULES the hearing on Defendant's Motion to Bifurcate for May 27, 2011. Thus, Defendant's Motion to Bifurcate, Plaintiffs'

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Motion for Pre-Trial Order No. 1, and Plaintiffs' Motion for Reconsideration shall all be heard on May 27, 2011, at 10 a.m. in Courtroom 1, 17th Floor, 450 Golden Gate Avenue, San Francisco, California.

IT IS SO ORDERED.

Dated:

March 31, 2011 UNITED STATES DISTRICT JUDGE

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