Algee v. Nordstrom, Inc.

Filing 96

ORDER by Judge Claudia Wilken DENYING DEFENDANTS 95 MOTION FOR RULE 11 SANCTIONS WITHOUT PREJUDICE. (ndr, COURT STAFF) (Filed on 7/20/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BRIAN ALGEE, individually and on
behalf of all others similarly
situated,

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United States District Court
For the Northern District of California

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No. C 11-301 CW
ORDER DENYING
DEFENDANT’S MOTION
FOR RULE 11
SANCTIONS WITHOUT
PREJUDICE (Docket
Nos. 95)

Plaintiff,
v.
NORDSTROM, INC.,
Defendant.
________________________________/

Defendant Nordstrom, Inc. moves for Rule 11 sanctions,

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arguing that Plaintiff Brian Algee’s deposition testimony

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indicates that he was properly classified as overtime exempt and

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that his claims against it are therefore frivolous.

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seeks dismissal of Plaintiff’s case.

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Defendant

Defendant previously raised this issue in its motions for

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relief from two non-dispositive orders of a magistrate judge.

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addressing the motions, the Court noted, “The essence of

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Defendant’s argument is that Plaintiff will not be able to prove

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the merits of his case.”

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directed Defendant to include this argument in a cross-motion for

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summary judgment filed “as part of its opposition to Plaintiff’s

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motion for class certification and cross-motion to compel

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arbitration of current employees.”

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Docket 90, 2.

In

At that time, the Court

Id. at 2 n.1.

The Court DENIES Defendant’s motion for sanctions without

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prejudice to it bringing the motion again as part of its

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opposition to Plaintiff’s motion for class certification and

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cross-motion to compel arbitration and for summary judgment.

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The Court confirms the following briefing and hearing

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schedule, as set forth in the orders of March 27, 2012 and May 25,

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2012:

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Event

Date

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Deadline for Plaintiff to file his motion for
class certification, in a brief of twenty-five
pages or less

October 11, 2012

Deadline for Defendant to file its opposition
to Plaintiff’s motion for class certification
and its cross-motions to compel arbitration and
for summary judgment and sanctions, all
contained in a single brief of twenty-five
pages or less

October 25, 2012

Deadline for Plaintiff to file his reply in
support of his motion for class certification
and oppositions to Defendant’s cross-motions,
all contained in a single brief of twenty-five
pages or less

November 1, 2012

Deadline for Defendant to file its replies in
support of its cross-motions, both contained in
a single brief of fifteen pages or less

November 8, 2012

Hearing on Plaintiff’s motion for class
certification and Defendant’s cross-motions,
and further case management conference

November 29,
2012 at 2:00
p.m.

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United States District Court
For the Northern District of California

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The parties may stipulate to advance the briefing and hearing
schedule set forth above, provided that Plaintiff is prepared to
respond to Defendant’s dispositive motion, that opposing briefs
are filed in series as described above, not contemporaneously, and
that the parties’ briefing is completed at least two weeks before
the hearing date.
IT IS SO ORDERED.

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Dated:

7/20/2012

CLAUDIA WILKEN
United States District Judge

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