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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 United States District Court For the Northern District of California 10 BRIAN GILMER, ANTHONY RODGERS, DELORIS WILKINS, JERRY WILLIAMS, RAYMOND ROBBINS, 11 Plaintiffs, 12 13 14 15 No. C 08-05186 CW ORDER REGARDING DAMAGES PHASE OF THIS ACTION v. ALAMEDA-CONTRA COSTA TRANSIT DISTRICT, Defendant. ________________________________/ 16 17 On November 16, 2011, the parties each submitted statements 18 addressing how to resolve the damages phase of this action. 19 Court's November 2, 2011 order merely denied Defendant AC Transit 20 District's motion to decertify the collective action; it did not 21 establish that 511.org data can be used to award damages as a 22 matter of law. The Plaintiffs shall move for summary adjudication of 23 that issue within twenty-eight days, if they contend that it can 24 25 be decided as a matter of law. By that date Plaintiffs shall move 26 to add additional Plaintiffs as well, if they wish to do so, in 27 the same brief. 28 deciding their individual damages claims without a jury, as they Finally, Plaintiffs shall provide authority for 1 propose to do if a special master is appointed to make 2 recommendations regarding individual damage awards for Plaintiffs. 3 The District's response to Plaintiffs' filing should also address 4 its request for additional discovery. 5 IT IS SO ORDERED. 6 7 8 Dated: 11/22/2011 CLAUDIA WILKEN United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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