Frlekin et al v. Apple Inc.

Filing 285

ORDER FOR SUPPLEMENTAL BRIEFING Supplemental briefs due by 7/7/2015 at 5:00 p.m. Signed by Judge Alsup on 7/4/2015. (whalc1, COURT STAFF) (Filed on 7/4/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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AMANDA FRLEKIN, AARON
GREGOROFF, SETH DOWLING,
DEBRA SPEICHER and TAYLOR
KALIN, on behalf of themselves and all
others similarly situated,

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Plaintiffs,

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For the Northern District of California

United States District Court

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No. C 13-03451 WHA

ORDER FOR
SUPPLEMENTAL BRIEFING

v.

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APPLE INC., a California Corporation,

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Defendant.
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The Court is concerned that limiting plaintiffs to the all-or-nothing theory that time spent

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subject to the bag check policy is compensable regardless of any individual’s particularized

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medical or other need to bring a bag would preclude some absent class members from pursuing

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their best theory and poses an adequacy of representation problem. The Court is also concerned

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that all alternate and particularized theories would be later barred by res judicata. The parties

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shall submit supplemental briefs NOT TO EXCEED TEN PAGES by JULY 7 AT 5:00 P.M. addressing

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these issues.

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IT IS SO ORDERED.

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Dated: July 4, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE