Gonzalez et al v. Simplexgrinell LP

Filing 52

ORDER DENYING 50 LEAVE TO SEEK RECONSIDERATION. by Judge Seeborg (rslc2, COURT STAFF) (Filed on 12/20/2013)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 11 For the Northern District of California United States District Court 10 12 13 14 15 JOSE GONZALES, et al., Plaintiffs, v. No. C 11-0900 RS ORDER DENYING LEAVE TO SEEK RECONSIDERATION SIMPLEXGRINNELL LP, Defendant. ____________________________________/ 16 17 Pursuant to Civil Local Rule 7-9, defendant SimplexGrinnell moves for leave to seek 18 reconsideration of the order granting class certification herein. SimplexGrinnell contends Comcast 19 Corp. v. Behrend, 133 S.Ct. 1426 (2013) and Wang v. Chinese Daily News, Inc., 709 F.3d 829 (9th 20 2013) represent new law with respect to class certification in wage cases, thereby warranting 21 reconsideration. While both decisions arguably provide further guidance on how the principles of 22 Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) should be applied to particular factual 23 scenarios, neither represents an actual change in law or would require a different analysis or 24 outcome here. Accordingly, leave to file a reconsideration motion is denied. 25 26 27 28 1 IT IS SO ORDERED. 2 3 4 Dated: December 20, 2013 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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