Barnes et al v. The Hershey Company
Filing
84
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)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
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No. C 12-1334 CRB
GREGORY P. BARNES, ET AL.,
ORDER RE HEARING ON MOTION
FOR CONDITIONAL
CERTIFICATION OF COLLECTIVE
ACTION
Plaintiffs,
v.
THE HERSHEY COMPANY,
Defendant.
/
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The Court will hear argument on Plaintiffs’ Motion for Conditional Collective Action
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Certification (dkt. 63) on February 22, 2013. At that hearing, the parties should be prepared to
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discuss whether–regardless of whether tolling applies here–the continuing violation theory would
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permit the claims of putative collective action members terminated in 2009 to “piggyback” on a
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timely administrative charge in this case. See Thiessen v. Gen. Elec. Capital Corp., 267 F.3d 1095,
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1110-11 (10th Cir. 2001).
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IT IS SO ORDERED.
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Dated: February 19, 2013
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE
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