Campanelli et al v. The Hershey Company

Filing 396

ORDER RE CALIFORNIA OPT-IN PLAINTIFFS. Signed by Magistrate Judge Bernard Zimmerman on 3/11/2011. (bzsec, COURT STAFF) (Filed on 3/11/2011)

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Campanelli et al v. The Hershey Company Doc. 396 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. THE HERSHEY COMPANY, Defendant(s). JULIE CAMPANELLI, et al., Plaintiff(s), ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. C 08-1862 BZ ORDER RE CALIFORNIA OPT-IN PLAINTIFFS Having received defendant's request for a telephonic conference (Docket No. 391), and reviewed the parties' letters regarding the dispute, I find that a conference is unnecessary. California opt-in plaintiffs appeared in this action by filing their consent to join form in which they notified defendant they were asserting both their federal and California overtime claims and agreed to be bound by any judgment on these claims. Docket No. 163-2. To the extent that defendant claims it was not aware that California opt-in plaintiffs were also asserting their state claims, it could have asked for further clarifying language in the opt-in form or it could have objected when all California opt-in 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 plaintiffs moved for summary judgment on their California and federal overtime claims. Docket No. 315 at 1. Objecting on the eve of trial is untimely. Defendant's reliance on Luna v. Del Monte is misplaced. 2009 WL 4801357 (N.D.Ga. 2009). Luna did not hold that before an opt-in plaintiff can assert a state claim, "he or she must first become full parties to the action by amending the complaint to assert their individual claims." p.6. Doc. 391-2, at Luna merely granted a joinder motion and a motion to Many of the reasons for permitting plaintiffs to amend. proceed in Luna apply here: "The opt-in plaintiffs are already participating in the case as FSLA claimants. Defendant has been aware of their identity and their potential claims. . .for months." Id. at *3. IT IS THEREFORE ORDERED that both federal and state claims of California opt-in plaintiffs are properly before the Court. Dated: March 10, 2011 Bernard Zimmerman United States Magistrate Judge G:\BZALL\-BZCASES\CAMPANELLI V. HERSHEY\ORDER RE CA OPT-IN PLAINTIFFS.wpd 22 23 24 25 26 27 28 2

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