Frlekin et al v. Apple Inc.
Filing
132
SCHEDULING ORDER FOLLOWING FEBRUARY 20 HEARING. Signed by Judge Alsup on 2/20/2014. (whalc3, COURT STAFF) (Filed on 2/20/2014)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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AMANDA FRLEKIN, DEAN PELLE,
ADAM KILKER, and BRANDON
FISHER, individually and on behalf of all
others similarly situated,
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No. C 13-03451 WHA
No. C 13-04727 WHA
Plaintiffs,
SCHEDULING ORDER
FOLLOWING FEBRUARY 20
HEARING
v.
APPLE, INC.,
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Defendant.
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TAYLOR KALIN, individually and on
behalf of all others similarly situated,
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Plaintiff,
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v.
APPLE, INC.,
Defendant.
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Oral argument at today’s hearing highlighted the possibility that plaintiffs artfully
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worded their pleadings to hide serious defects in their proposed FLSA collective action. In
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particular, Apple asserted at the hearing that not all employees are subject to a security
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screening. Moreover, it claimed that plaintiffs’ sworn deposition testimony contradicted their
sworn declaration testimony regarding their personal experiences waiting in line for a security
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screening. Finally, it argued that plaintiffs’ claims are not compensable under Busk v. Integrity
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Staffing Solutions, Inc., 713 F.3d 525 (9th Cir. 2013), and other decisions introduced at oral
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argument.
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Accordingly, rulings on the motions to certify a FLSA collective action, appoint interim
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counsel, and consolidate the Frlekin and Kalin actions will be postponed. As explained at the
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case management conference, the following is hereby ordered:
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First, Apple must file all declarations and deposition transcripts with the Court by the
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end of today. Chambers copies of these filings must be placed in a three-ring binder with an
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index and tabs.
Second, Apple must conduct discovery and file its motion for summary judgment against
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For the Northern District of California
United States District Court
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all individual plaintiffs (and their operative pleadings) and all claims by APRIL 10, 2014.
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Plaintiffs’ opposition to this motion is due by MAY 1, 2014. Apple’s reply brief is due by MAY
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8, 2014. The hearing on Apple’s summary judgment motion will be held on MAY 22, 2014, AT
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8:00 A.M. All parties are expected to fully cooperate with expedited discovery for this motion.
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This order notes that both parties agreed at the hearing to toll the FLSA statute of limitations for
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potential FLSA class members until the Court rules on Apple’s summary judgment motion.
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Third, the March 27 deadline for class certification motions shall be suspended until
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Apple’s summary judgment motion is resolved. If any of the individual plaintiffs’ claims
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survive, a new deadline for class certification motions can be established. All other deadlines in
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the case management scheduling order remain in effect.
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IT IS SO ORDERED.
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Dated: February 20, 2014.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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