Kastiro et al v. Serra Medical Transportation Inc et al

Filing 45

ORDER REGARDING FURTHER BRIEFING ON DEFENDANTS' SUMMARY JUDGMENT MOTION. Signed by Magistrate Judge Jacqueline Scott Corley on 3/10/2016. (ahm, COURT STAFF) (Filed on 3/10/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ASHOUR KASTIRO, et al., Plaintiffs, 8 v. 9 10 SERRA MEDICAL TRANSPORTATION INC, et al., 11 United States District Court Northern District of California Case No. 15-cv-00622-JSC ORDER REGARDING FURTHER BRIEFING ON DEFENDANTS' SUMMARY JUDGMENT MOTION Defendants. Dkt. No. 41 12 This is a Fair Labor Standards Act (“FLSA”) and California state law wage and hour 13 14 putative class action. Now pending before the Court is Defendants’ motion for partial summary 15 judgment on their statute of limitations affirmative defense. (Dkt. No. 41.) As discussed in open 16 court on March 10, 2016, summary judgment is granted on the following claims: 17  the 5th Claim for relief as to Plaintiffs Kastiro, Natsheh, and Almehamedawy, 18  the 7th Claim for Relief as to Plaintiff Almehamedawy, 19  the 9th Claim for Relief in its entirety, and 20  the 10th Claim for Relief in its entirety. 21 22 23 Also as discussed at the March 10 hearing, the Court directs the parties to file supplemental briefing on the following issues: 1. If tolling arises from the pendency of the Al Lahham action, what is the scope of 24 any such tolling, including whether the Al Lahham action would toll Plaintiffs’ claims arising from 25 work as taxi cab drivers in addition to work providing medical transportation. The parties should 26 also address whether the scope of such tolling differs for federal and state claims. 27 28 2. Whether American Pipe or any other tolling doctrine applies to the FLSA claims of Plaintiffs Kastiro, Natsheh, and Almehamedawy, and if tolling applies, whether it applies to 1 2 3 4 5 6 claims brought individually and/or on behalf of a class. 3. Whether California’s American Pipe tolling doctrine requires the Court to consider the elements of equitable tolling in deciding whether American Pipe tolling applies. 4. Whether California’s equitable tolling doctrine on its own (that is, without American Pipe tolling) tolls claims brought on behalf of a class or only just individual claims. 5. Whether California American Pipe tolling applies to California claims brought in a 7 California federal court and then subsequently brought again in California federal court (the cross- 8 jurisdictional issue). 9 Plaintiffs shall file their brief on or before March 24, 2016 and Defendants’ response is due April 7, 2016. The Court will hold a further hearing on April 21, 2016 at 9:00 a.m. in Courtroom 11 United States District Court Northern District of California 10 F, 450 Golden Gate Ave., San Francisco, CA. 12 13 IT IS SO ORDERED. Dated: March 10, 2016 14 JACQUELINE SCOTT CORLEY United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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