Ward v. United Airlines, Inc.

Filing 52

ORDER APPROVING PROPOSED PLAN FOR DISSEMINATING CLASS NOTICE SUBJECT TO STATED CONDITIONS re #48 Proposed Order filed by Charles E. Ward. Signed by Judge Alsup on 4/13/16. (whalc1, COURT STAFF) (Filed on 4/13/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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v.

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UNITED AIRLINES, INC., and DOES 1
through 50, inclusive,

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Defendants.
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No. C 15-02309 WHA

Plaintiff,

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For the Northern District of California

United States District Court

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CHARLES E. WARD, individually, and on
behalf of all others similarly situated,

ORDER APPROVING
PROPOSED PLAN FOR
DISSEMINATING CLASS
NOTICE SUBJECT TO
STATED CONDITIONS

The Court has reviewed the parties’ proposed plan for disseminating class notice except
that the paragraph describing United’s position on the lawuit shall be modified as follows:
United denies all of Plaintiff’s claims and contends, among other
things, that Labor Code Section 226 does not apply to pilots and
that United nonetheless complies with Labor Code Section 226.
United also contends that federal statutes and the United States
Constitution preempt the application of Labor Code Section 226 in
this case. The Court has permitted United to file an early motion
for summary judgment on its preemption theory. That motion will
not be heard or decided until after the deadline to opt-out has
passed. If it is granted, then it may prejudice the claims of all
members of the class.
IT IS SO ORDERED.

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Dated: April 13, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE