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