Gilmer et al v. Alameda-Contra Costa Transit District
Filing
241
ORDER REGARDING DAMAGES PHASE OF THIS ACTION. Signed by Judge Claudia Wilken on 11/22/2011. (ndr, COURT STAFF) (Filed on 11/22/2011)
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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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BRIAN GILMER, ANTHONY RODGERS,
DELORIS WILKINS, JERRY WILLIAMS,
RAYMOND ROBBINS,
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Plaintiffs,
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No. C 08-05186 CW
ORDER REGARDING
DAMAGES PHASE OF
THIS ACTION
v.
ALAMEDA-CONTRA COSTA TRANSIT
DISTRICT,
Defendant.
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On November 16, 2011, the parties each submitted statements
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addressing how to resolve the damages phase of this action.
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Court's November 2, 2011 order merely denied Defendant AC Transit
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District's motion to decertify the collective action; it did not
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establish that 511.org data can be used to award damages as a
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matter of law.
The
Plaintiffs shall move for summary adjudication of
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that issue within twenty-eight days, if they contend that it can
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be decided as a matter of law.
By that date Plaintiffs shall move
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to add additional Plaintiffs as well, if they wish to do so, in
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the same brief.
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deciding their individual damages claims without a jury, as they
Finally, Plaintiffs shall provide authority for
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propose to do if a special master is appointed to make
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recommendations regarding individual damage awards for Plaintiffs.
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The District's response to Plaintiffs' filing should also address
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its request for additional discovery.
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IT IS SO ORDERED.
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Dated:
11/22/2011
CLAUDIA WILKEN
United States District Judge
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United States District Court
For the Northern District of California
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