Karl v. Zimmer Biomet Holdings, Inc. et al

Filing 110

ORDER ON 105 ADMINISTRATIVE MOTION TO AMEND CASE MANAGEMENT SCHEDULE AND 106 MOTION FOR CORRECTIVE ACTION. Signed by Judge Alsup. (whalc2, COURT STAFF) (Filed on 10/11/2019)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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JAMES KARL, individually and on behalf of
all others similarly situated,

No. C 18-04176 WHA

Plaintiff,
v.
ZIMMER BIOMET HOLDINGS, INC., a
Delaware corporation; ZIMMER US, INC., a
Delaware corporation; BIOMET U.S.
RECONSTRUCTION, LLC, an Indiana limited
liability company; BIOMET BIOLOGICS,
LLC, an Indiana limited liability company; and
BIOMET, INC., and Indiana corporation,
Defendants.

ORDER ON ADMINISTRATIVE
MOTION TO AMEND CASE
MANAGEMENT SCHEDULE
AND MOTION FOR
CORRECTIVE ACTION

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The Court has reviewed plaintiff’s administrative motion to amend the case management
schedule and defendants’ opposition thereto (Dkt. Nos. 106, 107), and plaintiff’s motion for
corrective action (Dkt. No. 105). With regard to the administrative motion, plaintiff failed to
specify how much extra time he seeks. Nevertheless, this order finds that three weeks is the
maximum extension the record submitted, liberally construed, would justify. The motion for
class certification deadline is thus CONTINUED to NOVEMBER 7. The ADR deadline and fact
discovery cutoff date are accordingly continued to FEBRUARY 7, 2020 and FEBRUARY 17, 2020,
respectively. No further extensions will be granted. Plaintiff’s administrative motion to amend
the case management schedule is GRANTED to the extent stated above. His request for a case
management conference on this issue is DENIED.

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With respect to the glitch regarding the FLSA notice due to defendants’ failure to identify
354 collective members, the Court orders that a new corrective notice be sent to all collective

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members — to be sent by OCTOBER 22 — with a new opt-in deadline set for 60 days after the

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delivery date of the corrective notice. This new opt-in deadline shall be effective for all

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collective members. The corrective notice shall explain that the new notice supersedes any prior

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notice some members may have received, with the only difference being the new opt-in deadline.

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The date of submission for all collective members is tolled to September 13, 2019. All opt-ins

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already submitted are considered timely. Plaintiff’s motion for corrective action is GRANTED to

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the extent stated above. This order DEFERS RULING on the California class list discovery issue

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United States District Court
For the Northern District of California

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(Dkt. No. 105 at 8–9), which issue will be heard during the hearing on defendants’ motion for

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summary judgment on October 24. Defendants’ request for a hearing on the FLSA notice issue

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is DENIED.

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IT IS SO ORDERED.

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Dated: October 11, 2019.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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