Hanson v. Apple Inc. et al

Filing 119

ORDER to Submit Supplemental Briefing. Signed by Magistrate Judge Donna M. Ryu on 10/19/2015. (dmrlc1, COURT STAFF) (Filed on 10/19/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JINA HANSON,

Case No. 14-cv-02413-DMR

Plaintiff,
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v.

ORDER TO SUBMIT SUPPLEMENTAL
BRIEFING

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APPLE INC., et al.,
Defendants.

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As part of the pretrial process, the parties have asked the court to rule on whether

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Defendant Jeannine Nittner can be individually liable as an “employer” under FMLA, and if so,

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what standard should be applied to determine whether she qualifies as an employer.

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The court would benefit from briefing on the question of what standard should be applied

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to determining whether Nittner is an employer under FMLA, and whether the court or the jury

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should decide this question. Therefore, by 9:00 a.m. on October 23, 2015, the parties shall each

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submit a supplemental brief that does not exceed four pages addressing these two questions. At a

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minimum, the parties’ briefs should address the following decisions: Bonnette v. California Health

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& Welfare Agency, 704 F.2d 1465, 1470 (9th Cir. 1983); Moreau v. Air France, 356 F.3d 942 (9th

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Cir. 2004); Torres-Lopez v. May, 111 F.3d 633 (9th Cir. 1997); and Chen v. Grant Cty., No. CV-

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09-0329-EFS, 2011 WL 830108, at *7 (E.D. Wash. Mar. 3, 2011). The court does not need

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supplemental briefing on the question of whether Nittner can be individually liable under FMLA.

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Donna M. Ryu
Ryu
United States Judge DonnaJudge
Magistrate M.
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IT IS S

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Dated: October 19, 2015

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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