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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