Barnes et al v. The Hershey Company
ORDER RE HEARING ON MOTION FOR CONDITIONAL CERTIFICATION OF COLLECTIVE ACTION. Signed by Judge Charles R. Breyer on 2/19/2013. (crblc2, COURT STAFF) (Filed on 2/19/2013)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
No. C 12-1334 CRB
GREGORY P. BARNES, ET AL.,
ORDER RE HEARING ON MOTION
CERTIFICATION OF COLLECTIVE
THE HERSHEY COMPANY,
The Court will hear argument on Plaintiffs’ Motion for Conditional Collective Action
Certification (dkt. 63) on February 22, 2013. At that hearing, the parties should be prepared to
discuss whether–regardless of whether tolling applies here–the continuing violation theory would
permit the claims of putative collective action members terminated in 2009 to “piggyback” on a
timely administrative charge in this case. See Thiessen v. Gen. Elec. Capital Corp., 267 F.3d 1095,
1110-11 (10th Cir. 2001).
IT IS SO ORDERED.
Dated: February 19, 2013
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE
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