Frlekin et al v. Apple Inc.

Filing 214

ORDER DISMISSING CLAIMS, CONSOLIDATING CASES, AND REQUESTING BRIEFING. Motion due by 1/6/2015 at noon.. Signed by Judge Alsup on December 23, 2014. (whalc1, COURT STAFF) (Filed on 12/23/2014)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8
9

AMANDA FRLEKIN, et al., on behalf of
themselves and all others similarly situated,
Plaintiffs,

For the Northern District of California

United States District Court

10
11
12

v.

15

Defendant.
/
TAYLOR KALIN, individually and on behalf
of all others similarly situated,
Plaintiffs,

16
17
18
19

ORDER DISMISSING CLAIMS,
CONSOLIDATING CASES, AND
REQUESTING BRIEFING

APPLE, INC.,

13
14

No. C 13-03451 WHA
No. C 13-04727 WHA

v.
APPLE, INC.,
Defendant.
/

20
21

On December 9, the Supreme Court decided Integrity Staffing Solutions, Inc. v. Busk,

22

No. 13-433, 574 U.S. —, 2014 WL 6885951, at *7 (2014). Accordingly, the partial stay herein

23

was lifted and supplemental briefing was requested.

24

First, the two above-captioned actions are hereby CONSOLIDATED FOR ALL PURPOSES.

25

All filings shall be made in Frlekin, et al. v. Apple, Inc., No. 3:13-cv-03451-WHA, and deemed

26

to have been filed in both actions.

27
28

Second, named plaintiffs Dean Pelle, Adam Kilker, and Brandon Fisher’s individual
claims under the FLSA, New York, Massachusetts, and Ohio state law are hereby DISMISSED
WITH PREJUDICE.

Both sides agree that these claims do not survive Busk (Dkt. Nos. 210, 211).

1

This dismissal, of course, is only as to the named plaintiffs’ individual claims since no class has

2

been certified.

3

Third, the parties raise two issues: (1) whether plaintiffs should be allowed leave to file a

4

new consolidated complaint that combines the claims in Frlekin and Kalin and (2) whether

5

jurisdiction should be exercised over the remaining claims (which are only California state-law

6

claims) under supplemental jurisdiction or the Class Action Fairness Act, 28 U.S.C. 1332(d).

7

To tee this up, plaintiffs’ counsel shall file a motion for leave to file a second amended complaint

8

by JANUARY 6 AT NOON, noticed on a normal 35-day track. Plaintiffs shall please append

9

redlines showing the differences between the new pleading and the pleadings in Frlekin and
Kalin. Plaintiffs must plead their best and most plausible case. In light of this, Apple need not

11
For the Northern District of California

United States District Court

10

file a reply regarding Busk by December 29.

12
13

IT IS SO ORDERED.

14
15

Dated: December 23, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
2