Helton et al v. Factor 5, Inc. et al

Filing 204

ORDER Case Management Statement due by 8/21/2014; Telephonic Case Management Conference set for 8/28/2014 02:45 PM. Signed by Judge Saundra Brown Armstrong on 8/14/2014. (ndr, COURT STAFF) (Filed on 8/14/2014)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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JESSE HELTON; ALISHA PICCIRILLO;

Case No: C 10-04927 SBA

8 CHAD LOWE; individually and on behalf of

all others similarly situated,

ORDER

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Plaintiffs,
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vs.
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FACTOR 5, INC.; FACTOR 5, LLC;
12 BLUHARVEST, LLC; WHITEHARVEST,

LLC; JULIAN EGGEBRECHT; HOLGER
13 SCHMIDT; THOMAS ENGEL; and DOES

1-100,
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Defendants.
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Plaintiffs,1 individually and on behalf of all others similarly situated, bring the

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instant action against Defendants to recover unpaid wages and other benefits under state

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and federal law. On February 10, 2014, the Court granted Plaintiffs’ motion for partial

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summary judgment against the individual Defendants2 on their minimum wage claim under

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the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 206. Dkt. 173. On April 29, 2014,

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the Court issued an Order allowing the late-filed opt-in Plaintiffs to join the FLSA

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collective action. Dkt. 198. On June 19, 2014, the parties appeared before Magistrate

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Judge Nathanael Cousins for a further settlement conference. See Dkt. 201. The case did

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not settle. Id.

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The named Plaintiffs are Jesse Helton, Alisha Piccirillo, and Chad Lowe
(collectively, “Plaintiffs”).

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The individual Defendants are Julian Eggebrecht, Holger Schmidt, and Thomas
Engel (collectively, “individual Defendants”).

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On June 19, 2014, Plaintiffs filed a status report pursuant to the Court’s February 21,

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2014 Order (Dkt. 202), which directed the parties to notify the Court of the outcome of the

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settlement conference. Dkt. 192. In their status report, Plaintiffs state that they are willing

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to consent to a trial before a Magistrate Judge. Dkt. 202. In addition, Plaintiffs state that

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further briefing on the viability of their remaining claims can be completed shortly, noting

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that the following claims remain for trial: (1) their alter ego/successor claims related to

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their state law Labor Code claims; (2) their claim for violation of California’s Fraudulent

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Transfer Act; (3) their breach of contract claim; and (4) their unfair competition claim

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under California Business & Professions Code §17200. Id. Finally, Plaintiffs request the

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Court issue an order voluntarily dismissing their fourth (violation of California Labor Code

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§ 2802) and seventh (violation of the FLSA for failing to pay overtime wages) claims for

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relief. Id. On July 2, 2014, the Court issued and Order dismissing the fourth and seventh

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claims for relief. Dkt. 203. To date, the individual Defendants have not responded to

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Plaintiffs’ status report. Accordingly,

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IT IS HEREBY ORDERED THAT:

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A telephonic Case Management Conference is scheduled for August 28,

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2014 at 2:45 p.m. Prior to the conference, the parties shall meet and confer and prepare a

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joint statement containing the following information: (1) a statement indicating whether

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the parties are amenable to consenting to the jurisdiction of a Magistrate Judge for all

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purposes; (2) a proposed briefing schedule on Plaintiffs’ remaining claims3; (3) a statement

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indicating whether summary judgment should be entered in favor of the late opt-in FLSA

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plaintiffs on their FLSA minimum wage claim in light of the Court’s Order granting partial

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summary judgment in favor of Plaintiffs on this claim; and (4) a statement setting forth the

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damages owed to the late opt-in Plaintiffs if summary judgment is granted in their favor on

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their FLSA minimum wage claim. Plaintiffs shall file the joint statement by no later than

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The parties previously represented to the Court that the remaining claims may be
amenable to resolution on dispositive motions. See Dkt. 185.
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August 21, 2014. Plaintiffs are responsible for setting up the conference call, and on the

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specified date and time, shall call [phone] with all parties on the line.

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IT IS SO ORDERED.
Dated: 8/14/2014

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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