Tsang et al v. Office Depot, Inc.

Filing 52

ORDER FOLLOWING SETTLEMENT CONFERENCE. Signed by Judge Elizabeth D Laporte on 5/15/2013. (knm, COURT STAFF) (Filed on 5/16/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GARY TSANG,
Plaintiff,

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United States District Court
For the Northern District of California

ORDER FOLLOWING SETTLEMENT
CONFERENCE

v.

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No. C -12-00427 CRB (EDL)

OFFICE DEPOT,
Defendant.

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On May 8, 2013, the Court held a settlement conference in this matter. The parties have

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separately provided the Court with updates on the status of the ongoing settlement discussions. To

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facilitate settlement, and not as admissions, Defendant shall provide Plaintiff with the following

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information no later than May 23, 2013:

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1.

The date that Defendant believes that each Plaintiff started working in an exempt store

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manager position in California or the statute of limitations date, whichever is later, and

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specifying which of those dates Defendant used.

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2.

The date that Defendant believes that each Plaintiff stopped working in an exempt store

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manager position, which Defendant represents it derived from Plaintiffs’ personnel files,

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which have been provided to Plaintiffs.

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3.

The number of weeks that Defendant believes that each Plaintiff was employed in an exempt
store manager position, assuming fifty weeks per year of work.

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4.

The final pay rate of each Plaintiff.

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5.

The amount of hours that Defendant believes that each Plaintiff claims as hours worked and,

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the basis for its understanding, e.g., if based on pleadings or other documents previously
exchanged, filed and/or disclosed in discovery, the citation (e.g., the bates number of a

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document or the page cite for a deposition). However, Defendant need not disclose expected

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testimony of any witness who has not yet been deposed.

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IT IS SO ORDERED.

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Dated: May 15, 2013
ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

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United States District Court
For the Northern District of California

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