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)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 12 AMANDA FRLEKIN, DEAN PELLE, ADAM KILKER, and BRANDON FISHER, individually and on behalf of all others similarly situated, 13 14 15 No. C 13-03451 WHA No. C 13-04727 WHA Plaintiffs, SCHEDULING ORDER FOLLOWING FEBRUARY 20 HEARING v. APPLE, INC., 16 Defendant. / 17 18 19 TAYLOR KALIN, individually and on behalf of all others similarly situated, 20 Plaintiff, 21 22 23 24 25 v. APPLE, INC., Defendant. / Oral argument at today’s hearing highlighted the possibility that plaintiffs artfully 26 worded their pleadings to hide serious defects in their proposed FLSA collective action. In 27 particular, Apple asserted at the hearing that not all employees are subject to a security 28 screening. Moreover, it claimed that plaintiffs’ sworn deposition testimony contradicted their sworn declaration testimony regarding their personal experiences waiting in line for a security 1 screening. Finally, it argued that plaintiffs’ claims are not compensable under Busk v. Integrity 2 Staffing Solutions, Inc., 713 F.3d 525 (9th Cir. 2013), and other decisions introduced at oral 3 argument. 4 Accordingly, rulings on the motions to certify a FLSA collective action, appoint interim 5 counsel, and consolidate the Frlekin and Kalin actions will be postponed. As explained at the 6 case management conference, the following is hereby ordered: 7 First, Apple must file all declarations and deposition transcripts with the Court by the 8 end of today. Chambers copies of these filings must be placed in a three-ring binder with an 9 index and tabs. Second, Apple must conduct discovery and file its motion for summary judgment against 11 For the Northern District of California United States District Court 10 all individual plaintiffs (and their operative pleadings) and all claims by APRIL 10, 2014. 12 Plaintiffs’ opposition to this motion is due by MAY 1, 2014. Apple’s reply brief is due by MAY 13 8, 2014. The hearing on Apple’s summary judgment motion will be held on MAY 22, 2014, AT 14 8:00 A.M. All parties are expected to fully cooperate with expedited discovery for this motion. 15 This order notes that both parties agreed at the hearing to toll the FLSA statute of limitations for 16 potential FLSA class members until the Court rules on Apple’s summary judgment motion. 17 Third, the March 27 deadline for class certification motions shall be suspended until 18 Apple’s summary judgment motion is resolved. If any of the individual plaintiffs’ claims 19 survive, a new deadline for class certification motions can be established. All other deadlines in 20 the case management scheduling order remain in effect. 21 22 IT IS SO ORDERED. 23 24 Dated: February 20, 2014. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?