Sherry Singer et al v. Postmates, Inc.

Filing 56

ORDER VACATING HEARING AND REQUIRING JOINT STATEMENT. Signed by Judge JEFFREY S. WHITE on 9/21/15. (jjoS, COURT STAFF) (Filed on 9/21/2015)

1
2
3
4
5
IN THE UNITED STATES DISTRICT COURT
6
FOR THE NORTHERN DISTRICT OF CALIFORNIA

7
8
9

SHERRY SINGER ET AL,
Plaintiff,

For the Northern District of California

United States District Court

10
11
12

No. C 15-01284 JSW
ORDER VACATING HEARING AND
REQUIRING JOINT STATEMENT

v.
POSTMATES, INC.,
Defendant.

13

/

14
15

Pursuant to Civil Local Rule 7-1(b), the Court finds that Plaintiffs’ motion for notice to be

16

issued to similarly situated employees pursuant to 29 U.S.C. section 216(b) (Docket No. 15) and

17

Defendant’s motion to dismiss Counts X and XI of Plaintiffs’ First Amended Complaint with

18

prejudice (Docket No. 33), which have been set for hearing on Friday, September 25, 2015 at 9:00

19

a.m., are appropriate for decision without oral argument. Accordingly, the Court VACATES the

20

September 25, 2015 hearing. The pending motions will be taken under submission and decided on

21

the papers.

22

The parties have stipulated “that the statute of limitations pertaining to the time available to

23

any similarly situated employees to opt out will toll according to the originally noticed July 2, 2015

24

hearing date,” and on June 5, 2015, the Court entered an order approving the parties’ stipulation

25

(Docket No. 26). Within 7 days after the date of this order, the parties shall file a joint statement

26

stating, briefly, whether the parties’ stipulation is that: (1) the statute of limitations is tolled until the

27

Court rules on Plaintiffs’ motion for notice to be issued to similarly situated employees; (2) the

28

statute of limitations is tolled through September 25, 2015; or (3) the statute of limitations is or was
tolled through some other date.

1
2
3
4

The Court also VACATES the initial case management conference set for Friday, September
25, 2015 at 11:00 a.m. The case management conference shall be reset by further order.
IT IS SO ORDERED.
Dated: September 21, 2015
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

5
6
7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2