Taylor et al v. West Marine Products, Inc.

Filing 103

NOTICE OF EVIDENTIARY HEARING. Signed by Judge Alsup on 9/10/2014. (whalc2, COURT STAFF) (Filed on 9/10/2014).

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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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KAREN TAYLOR, individually and on
behalf of all others similarly situated, and
PAULISA FIELDS,

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No. C 13-04916 WHA

Plaintiffs,
v.

NOTICE OF EVIDENTIARY
HEARING

WEST MARINE PRODUCTS, INC.,

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Defendant.
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Please take notice that there will be an evidentiary hearing at 7:30 AM ON SEPTEMBER

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17, 2014. At this evidentiary hearing, plaintiff Karen Taylor will testify, and possibly a West

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Marine witness will also testify.

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The Court is troubled by the declarations, deposition testimony, and interrogatory

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responses given on behalf of Ms. Taylor, and by the way in which counsel have represented that

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testimony. Those declarations, testimony, and responses are artfully worded and leave important

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questions to inference. At the same time, the Court is confused as to why defense counsel did

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not ask more pointed questions to Ms. Taylor in her deposition. Accordingly, the Court will

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further sort this out by asking its own questions to Ms. Taylor, and by providing counsel some

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follow-up time to ask questions.

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Without limitation, some of the questions that the Court will inquire at the evidentiary
hearing include:
(1) Did Ms. Taylor actually ever fail to take the first rest break
on a day in which she worked more than three-and-a-half hours?
If so, why? And what are the dates and circumstances of such
missed rest breaks? Is there documented proof, one way or
another, to show that Ms. Taylor missed her first rest break on
such days?

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(2) Did Ms. Taylor actually ever fail to take the second rest
break on a day in which she worked more than six hours? If so,
why? And what are the dates and circumstances of such missed
rest breaks? Is there documented proof, one way or another, to
show that Ms. Taylor missed her second rest break on such days?

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For the Northern District of California

United States District Court

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(3) The record indicates that Taylor did not record meal breaks
on eight occasions (see Harris Exh. 11). Did she actually miss
these meal breaks, and if so, why? Did she miss any other meal
breaks and if so, why?
(4) Possible questions regarding spiffs and the “regular rate of
pay” calculation for overtime pay.

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Both sides should bring all relevant materials and West Marine shall bring all of Ms.
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Taylor’s time records to the evidentiary hearing. Any motion to continue this evidentiary
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hearing will be disfavored, and must be supported by very good cause and must be made by
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midnight tonight.
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IT IS SO ORDERED.
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Dated: September 10, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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