Sanchez et al v. Capital Contractors Inc. et al

Filing 125

ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION; AFFORDING DEFENDANT OPPORTUNITY TO FILE SURREPLY; CONTINUING CASE MANAGEMENT CONFERENCE. Defendant is afforded leave to file, no later than March 10, 2017, a surreply . The hearing on plaintiffs' motion for class certification is continued from February 24, 2017, to March 31, 2017, at 9:00 a.m. Further, the Case Management Conference is continued from February 24, 2017, to May 5, 2017, at 10:30 a.m.; a Joint Case Management Statement shall be filed no later than April 28, 2017. Signed by Judge Maxine M. Chesney on February 22, 2017. (mmclc1, COURT STAFF) (Filed on 2/22/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LILLIANA SANCHEZ, ET AL.,
Plaintiffs,

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v.
CAPITAL CONTRACTORS INC.,
Defendant.

United States District Court
Northern District of California

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Case No. 14-cv-02622-MMC
ORDER CONTINUING HEARING ON
PLAINTIFFS' MOTION FOR CLASS
CERTIFICATION; AFFORDING
DEFENDANT OPPORTUNITY TO FILE
SURREPLY; CONTINUING CASE
MANAGEMENT CONFERENCE

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Before the Court is plaintiffs' "Motion for Class Certification," filed November 11,

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2016. Defendant has filed opposition, to which plaintiffs have replied. Having read and

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considered the papers filed in support of and in opposition to the motion, the Court, for

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the reasons stated below, finds it appropriate to afford defendant the opportunity to file a

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surreply to address new arguments raised for the first time in the reply.

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In their motion, plaintiffs seek an order certifying a class for purposes of resolving

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their "claims for monetary and injunctive relief" (see Pls.' P. & A. at 2:7-8), which claims

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they define as their "entitlement to 1) minimum and overtime wages, 2) meal and rest

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period periods, 3) reimbursement of business expenses and pay deductions, 4) indemnity

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from [defendant], 5) restitution under Cal. Bus. & Prof. Code § 17200, et seq., 6) the

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adequacy of [defendant's] recordkeeping and wage statement practices . . ., and 7)

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whether a 'good faith' dispute (so as to avoid . . . 'waiting time' penalties) exists" (see id.

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at 15:18-24).

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In their moving papers, plaintiffs focus on the threshold issue of their classification

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by defendant as independent contractors rather than employees. Specifically, they argue

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that one of the factors relevant to such determination, in particular, the "right to control,"

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is amenable to determination by common evidence. (See, e.g., id. at 15:1-16.)
In their motion, plaintiffs do not address in any meaningful manner any of the other

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relevant factors, see Tieberg v. Unemployment Insurance Appeals Board, 2 Cal. 3d 943,

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946, 950 (1970) (holding trial court erred in determining employment status based solely

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on "right to control" and without considering "secondary factors"), let alone how their

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substantive claims are subject to resolution on a class-wide basis. In their reply,

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however, plaintiffs have included a more detailed discussion both as to the additional

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factors bearing on their status as employees (see Pls.' Reply at 5:12 - 6:28), as well as

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the amenability of their claims to class-wide resolution (see id. at 7:1 - 8:28).

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Because defendant has not had the opportunity to address such arguments, the

United States District Court
Northern District of California

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Court finds its appropriate to afford defendant the opportunity to do so prior to the Court's

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resolution of the instant motion. Specifically, defendant is hereby afforded leave to file,

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no later than March 10, 2017, a surreply, limited to ten pages in length exclusive of

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exhibits.

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In light of the above, the hearing on plaintiffs' motion for class certification is

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hereby CONTINUED from February 24, 2017, to March 31, 2017, at 9:00 a.m. Further,

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the Case Management Conference is hereby CONTINUED from February 24, 2017, to

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May 5, 2017, at 10:30 a.m.; a Joint Case Management Statement shall be filed no later

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than April 28, 2017.

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IT IS SO ORDERED.

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Dated: February 22, 2017
MAXINE M. CHESNEY
United States District Judge

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