Bakhtiar v. Information Resources, Inc.

Filing 103

ORDER AMENDING DEADLINES FOR MOTION FOR CLASS CERTIFICATION re 101 STIPULATION WITH PROPOSED ORDER (JOINT) to Continue Deadline for Motion for Class Certification and Motion to Decertify Conditional FLSA Class; Proposals for Briefing Sch edule filed by Iram Bakhtiar. Plaintiff's motion for class certification due 5/31/2019. Defendant's opposition due 7/2/2019. Plaintiff's reply due 7/16/2019. Motion Hearing set for 8/7/2019 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on January 23, 2019. (wsn, COURT STAFF) (Filed on 1/23/2019)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

IRAM BAKHTIAR,
Plaintiff,

8
9
10

v.
INFORMATION RESOURCES, INC.,
Defendant.

11

United States District Court
Northern District of California

Case No. 17-cv-04559-JST
ORDER AMENDING DEADLINES
FOR MOTION FOR CLASS
CERTIFICATION
Re: ECF No. 101

12
13

The parties have filed a joint stipulation to continue the deadlines for Plaintiff’s motion for

14

class certification and Defendant’s motion to decertify the conditional Fair Labor Standards Act

15

(“FLSA”) collective, as well as competing proposals for the briefing schedule on those motions.

16

ECF No. 101.

17

The Court will adopt the parties’ stipulated deadline for Plaintiff to file a motion for class

18

certification. The Court will further adopt Plaintiff’s proposed briefing schedule on that motion.

19

Bearing in mind, however, that the standard for FLSA decertification “is different, and easier to

20

satisfy, than the requirements for a class action certified under Federal Rule of Civil Procedure

21

23(b)(3),” Heath v. Google Inc., 215 F. Supp. 3d 844, 852 (N.D. Cal. 2016), the Court anticipates

22

that the resolution of Plaintiff’s motion will clarify the issues pertinent to FLSA decertification

23

and perhaps even remove some issues from dispute. The Court will therefore entertain

24

Defendant’s FLSA decertification motion only after it decides Plaintiff’s motion for class

25

certification.

26
27
28

Accordingly, the Court sets the following deadlines for Plaintiff’s motion:

1
2
Event

3

Deadline

4

Plaintiff’s motion for class certification due

May 31, 2019

5

Defendant’s opposition due

July 2, 2019

Plaintiff’s reply due

July 16, 2019

Hearing on motion

August 7, 2019 or
any date thereafter

6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15

After the Court decides the motion for class certification, Defendant may file a motion for
FLSA decertification.
IT IS SO ORDERED.
Dated: January 23, 2019
______________________________________
JON S. TIGAR
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
2