Willner v. Manpower Inc.

Filing 39

ORDER OF CERTIFICATION; INSTRUCTIONS TO THE CLERK; AND ORDER CONTINUING HEARING as to #34 MOTION to Dismiss and/or Strike Plaintiff's Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), 12(f) and/or 23(d)(1)(D). Motion Hearing set for 4/27/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 2/1/12. (jjoS, COURT STAFF) (Filed on 2/1/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 VERA WILLNER, individually, and on behalf of all others similarly situated, 10 No. C 11-02846 JSW 11 v. For the Northern District of California United States District Court Plaintiff, 12 ORDER OF CERTIFICATION; INSTRUCTIONS TO CLERK; AND ORDER CONTINUING HEARING MANPOWER INC. and DOES 1 through 50, 13 Defendants. 14 / 15 16 17 TO THE HONORABLE KAMALA HARRIS, Attorney General of the State of California: 18 On November 30, 2011, defendant Manpower Incorporated (“Manpower”) filed a 19 Notice of Question of Constitutionality of California Law in Federal Action, pursuant to Federal 20 Rule of Civil Procedure 5.1(a)(1)(B) and 28 U.S.C. § 2403(b). 21 Pursuant to Federal Rule of Civil Procedure 5.1(b) and 28 U.S.C. § 2403(b), the 22 undersigned certifies that in this case there is drawn into question the constitutionality of 23 California Labor Code Private Attorney General Act (“PAGA”), Cal. Lab. Code §§ 2699, et 24 seq.. The Clerk shall serve a copy of this Order on the Office of the Attorney General via 25 certified mail. The deadline for the State to intervene if it so chooses, shall be sixty (60) days 26 from the date of this Order of Certification. 27 /// 28 /// 1 It is FURTHER ORDERED that the hearing scheduled for February 10, 2012 at 9:00 2 a.m. on Manpower’s motion to dismiss and/or strike is HEREBY CONTINUED to April 27, 3 2012, at 9:00 a.m. 4 IT IS SO ORDERED. 5 6 Dated: February 1, 2011 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 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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