Gundersen v. Lennar Associates Management, LLC et al

Filing 139

ORDER Resetting Hearings, Set/Reset Deadlines as to 100 MOTION to Deny Class Certification under Fed. R. Civ. P. 23, 46 MOTION for Leave to File First Amended Complaint, 132 MOTION to Dismiss 59 MOTION for Hearing to facilitate collective action notice. Motion Hearing set for 11/12/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 7/22/2010. (be, COURT STAFF) (Filed on 7/23/2010)

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Gundersen v. Lennar Associates Management, LLC et al Doc. 139 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 Cindi L. Pusateri (CA State Bar No. 216899) Hien Nguyen (CA State Bar No. 229794) MEYER WHITE LLP 515 S. Flower Street, Suite 3600 Los Angeles, California 90071 Telephone: (213) 236-3660 Facsimile: (213) 236-3661 Theodore ("Ted") D. Meyer (admitted pro hac vice) (TX State Bar No. 13997500) Julia Lynn Nye (CA State Bar No. 160092) MEYER WHITE LLP 600 Travis Street, Suite 900 Houston, Texas 77002 Telephone: (713) 951-1400 Facsimile: (713) 951-1499 Attorneys for Defendants Lennar Associates Management, LLC and Lennar Corporation dba Lennar Homes UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ERIC GUNDERSEN, on behalf of himself and all others similarly situated, Plaintiff, v. LENNAR ASSOCIATES MANAGEMENT, LLC; LENNAR CORPORATION dba LENNAR HOMES, and DOES 1 - 10, inclusive, Defendants. Case No. C-09-2270 CRB ORDER RESETTING HEARINGS [PROPOSED] ORDER RESETTING HEARINGS C-09-2270 -CRB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Dated: Upon consideration of Defendants' Supplemental Response to Plaintiff's Ex Parte Application for Continuance of Defendants' Motion to Deny Class Certification and Expanding Briefing and Proposal for Continuation of All Pending Hearings with Limited Equitable Tolling, and all other papers submitted in connection with Plaintiff's Ex Parte Application, the Court is of the opinion that good cause exists to continue the four pending motions and the hearings on such motions should be reset to November 12, 2010, and the Court ORDERS as follows: 1. It is hereby ORDERED that the hearings on Plaintiff's motion for leave to file an amended complaint, Plaintiff's motion for conditional certification and notice, Lennar's motion to deny class certification, and Plaintiff's motion to dismiss Lennar's Counterclaim [D.E. #46, 59/61, 100, and 132, respectively] are reset from August 20, 2010, at 10:00 a.m. to November 12, 2010 at 10:00 a.m.; 2. It is further ORDERED that the statute of limitations on Plaintiff's proposed claim for unpaid overtime under the Fair Labor Standards Act, 29 U.S.C. 201 et seq., is tolled for the period from and including August 20, 2010 to and including November 12, 2010. July 22, 2010 19 20 21 22 23 24 25 26 27 28 UNIT ED 18 CHARLES R. BREYER United States District DERED OR Judge S S DISTRICT TE C TA RT U O ER N F D IS T IC T O R -1- [PROPOSED] ORDER RESETTING HEARINGS C-09-2270- CRB A C LI FO harle Judge C s R. Bre yer R NIA IT IS S O NO RT H

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