Deane v. Fastenal Company

Filing 80

REVISED SCHEDULING ORDER AND ORDER REGARDING DEPOSITIONS OF INDIVIDUALS WHO HAVE SUBMITTED CONSENT-TO-JOIN FORMS. Signed by Judge Yvonne Gonzalez Rogers on 5/8/12. (fs, COURT STAFF) (Filed on 5/8/2012)

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SCOTT EDWARD COLE (CA State Bar No. 160744)
[e-mail]
MOLLY A. DESARIO (CA State Bar No. 230763)
[e-mail]
HANNAH R. SALASSI (CA State Bar No. 230117)
[e-mail]
SCOTT COLE & ASSOCIATES, APC
1970 Broadway, Ninth Floor
Oakland, CA 94612
Telephone:
510.891.9800
Facsimile:
510.891.7030
Attorneys for Representative Plaintiffs
and the Plaintiff Classes

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
KRISTOPHER DEANE, and MICHAEL
ROMANO, individually, and on behalf of all
others similarly situated,

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Plaintiff,

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REVISED SCHEDULING ORDER AND
[PROPOSED] ORDER REGARDING
DEPOSITIONS OF INDIVIDUALS WHO
HAVE SUBMITTED CONSENT-TO-JOIN
FORMS

vs.

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Case No. 3-11-CV-0042 YGR

Complaint Filed: January 4, 2011
Trial Date:
None
FASTENAL COMPANY,

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Defendants.

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Following the telephonic hearing held on March 28, 2012, and based on the arguments of

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1.

The briefing and hearing schedule for Plaintiffs’ Rule 23 class certification motion

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Plaintiffs’ motion shall be due: May 25, 2012

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Defendant’s opposition shall be due: June 15, 2012

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Plaintiffs’ reply, if any, shall be due: June 29, 2012

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Deane 11-42 Revised scheduling order re

briefing for class issues

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Case No. 3-11-CV-0042 YGR
REVISED SCHEDULING ORDER AND [PROPOSED] ORDER REGARDING DEPOSITIONS FOR
INDIVIDUALS WHO HAVE SUBMITTED “CONSENT TO JOIN COLLECTIVE ACTION” FORMS

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Plaintiffs’ motion shall be heard on: July 17,1 2012, July 24, 2012 at 2:00 p.m.

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2.

Plaintiffs’ conditionally certified 29 U.S.C. § 216(b) collective action shall be as follows:

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Defendant’s motion shall be due: July 24, 2012

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Plaintiffs’ opposition shall be due: August 14, 2012

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Defendant’s reply, if any, shall be due: August 28, 2012

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Defendant’s motion shall be heard on: September 25,2 2012, at 2:00 p.m.

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The briefing and hearing schedule for Defendant’s motion for decertification of

3.

Defendant shall be permitted to take and complete the depositions of 20 individuals

who have submitted consent-to-join forms in this action. Each deposition will be limited to three
(3) hours of testimony, not including two (2) fifteen-minute breaks.

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IT IS HEREBY ORDERED.

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DATED: May 8, 2012
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The Hon. Yvonne Rogers Gonzalez
United States District Judge

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12183141.2 (OGLETREE)

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Although the Court originally proposed a date of July 13, 2012 for this hearing, this adjusted schedule has been
adapted to conform to the Court’s standard motion hearing schedule of hearing motions on Tuesdays, rather than
Fridays.
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This date is one week later than the September 18, 2012 date originally proposed by the parties, due to September 18th
being a religious holiday, Rosh Hashanah.
Deane 11-42 Revised scheduling order re

briefing for class issues

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Case No. 3-11-CV-0042 YGR
REVISED SCHEDULING ORDER AND [PROPOSED] ORDER REGARDING DEPOSITIONS FOR
INDIVIDUALS WHO HAVE SUBMITTED “CONSENT TO JOIN COLLECTIVE ACTION” FORMS