Leatherbury v. C&H Sugar Company, Inc. et al

Filing 66

ORDER DIRECTING SUPPLEMENTAL BRIEFING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Illston, Susan) (Filed on 11/8/2012)

1
2
3
IN THE UNITED STATES DISTRICT COURT
4
FOR THE NORTHERN DISTRICT OF CALIFORNIA
5
6
No. C 10-1969 SI

GLENN LEATHERBURY,
7

ORDER DIRECTING SUPPLEMENTAL
BRIEFING ON DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT

Plaintiff,
8
9
United States District Court
For the Northern District of California

10

v.
C&H SUGAR COMPANY, INC., AMERICAN
SUGAR REFINING INC., and DOES 1-100,

11
Defendant.

12

/

13
On November 8, 2012, the Court heard oral argument on defendants’ motion for summary
14
judgment. Defendants moved for summary judgment on plaintiff’s ninth cause of action for failure to
15
pay overtime, because they contend that Leatherbury was properly categorized as an exempt employee
16
as the manager of union employees. As to this classification claim, the parties have not fully briefed
17
the legal standard, the proper categorization of Leatherbury’s various tasks, and in particular whether
18
Leatherbury recommended that any employee be hired or fired, or whether those recommendations were
19
given particular weight.
20
The Court hereby ORDERS both parties to submit supplemental briefing on the issue of
21
Leatherbury’s classification as an exempt employee, to be submitted to the Court by November 19,
22
2012. The remainder of the summary judgment motion will remain under submission until receipt of
23
that briefing.
24
IT IS SO ORDERED.
25
26
Dated: November 8, 2012
27

SUSAN ILLSTON
United States District Judge