Kalin v. Apple, Inc.

Filing 29

Apple Summary Judgment Motion Hearing set for 5/22/2014 08:00 AM before Hon. William Alsup. Motion due by 4/10/2014. Responses due by 5/1/2014. Replies due by 5/8/2014. 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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