Berlanga et al v. Equilon Enterprises LLC et al

Filing 37

ORDER AFFORDING PLAINTIFFS LEAVE TO FILE SURREPLY; CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS; CONTINUING CASE MANAGEMENT CONFERENCE. No later than August 11, 2017, plaintiffs shall file a surreply, not to exceed five pages in le ngth. The hearing on defendants' motion to dismiss is continued from August 4, 2017, to August 25, 2017, at 9:00 a.m. The Case Management Conference is continued from September 15, 2017, to September 29, 2017, at 10:30 a.m.; a Joint Case Management Conference shall be filed no later than September 22, 2017. Signed by Judge Maxine M. Chesney on July 31, 2017. (mmclc1, COURT STAFF) (Filed on 7/31/2017)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID BERLANGA, ET AL., Plaintiffs, 8 9 10 v. EQUILON ENTERPRISES LLC, et al., Defendants. United States District Court Northern District of California 11 Case No. 17-cv-00282-MMC ORDER AFFORDING PLAINTIFFS LEAVE TO FILE SURREPLY; CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS; CONTINUING CASE MANAGEMENT CONFERENCE 12 13 Before the Court is defendants Equilon Enterprises LLC, CRI U.S. LP, CRI 14 Catalyst Company LP and Shell Pipeline Company LP's (collectively, "Shell Defendants") 15 "Motion to Dismiss Plaintiffs' Amended Complaint," filed June 26, 2017. Plaintiffs David 16 Berlanga, Brandon Ehresman, Charles Gaeth, Michael Gonzalez, John Langlitz and 17 Christopher Palacio have filed opposition, to which Shell Defendants have replied. 18 Having read and considered the parties' respective written submissions, the Court, for the 19 reasons stated below, finds it appropriate to afford plaintiffs the opportunity to file a 20 surreply. 21 In their First Amended Class Action Complaint, plaintiffs allege they have not been 22 provided with rest breaks in accordance with California law. In their motion, Shell 23 Defendants argue, inter alia, that plaintiffs' claims are completely preempted by the Labor 24 Management Relations Act because, according to Shell Defendants, resolution of those 25 claims will require interpretation of terms in collective bargaining agreements ("CBAs") 26 governing plaintiffs' employment. Although the motion identifies certain terms in the 27 CBAs that pertain to rest breaks, Shell Defendants do not identify any dispute as to the 28 interpretation of those terms nor do they explain how plaintiffs' claims are dependent on 1 the resolution of any such dispute. In their reply, however, Shell Defendants identify a 2 dispute as to the meaning of the contractual term "uninterrupted" and argue the dispute 3 as to interpretation of that term must be resolved in order to determine plaintiffs' claims. 4 (See Defs.' Reply at 5:17 - 6:11.) 5 In order to afford plaintiffs an opportunity to respond to the above-referenced new 6 argument, the Court hereby sets the following supplemental briefing schedule and 7 continues the hearing on Shell Defendants' motion, as follows: 8 9 10 United States District Court Northern District of California 11 1. No later than August 11, 2017, plaintiffs shall file a surreply, not to exceed five pages in length. 2. The hearing on Shell Defendants' motion to dismiss is hereby CONTINUED from August 4, 2017, to August 25, 2017, at 9:00 a.m. 12 Lastly, in light of the above, the Case Management Conference is hereby 13 CONTINUED from September 15, 2017, to September 29, 2017, at 10:30 a.m. A Joint 14 Case Management Conference shall be filed no later than September 22, 2017. 15 IT IS SO ORDERED. 16 17 Dated: August 31, 2017 MAXINE M. CHESNEY United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2

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