Campanelli v. Image First Uniform Rental Service, Inc. et al

Filing 108

ORDER re Joint Statement. Signed by Judge Phyllis J. Hamilton on 6/15/2018. (pjhlc2, COURT STAFF) (Filed on 6/15/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KYLE L. CAMPANELLI,

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Case No. 15-cv-04456-PJH

Plaintiff,

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v.

ORDER RE JOINT STATEMENT

IMAGE FIRST HEALTHCARE
LAUNDRY SPECIALISTS, INC., et al.,

Re: Dkt. No. 107

United States District Court
Northern District of California

Defendants.
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The court previously ordered the parties to submit a stipulated briefing schedule

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for defendants’ motion for summary judgment related to the Supreme Court’s decision in

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Epic Systems Corp. v. Lewis, No. 16-285. Dkt. 106. The same order provided that if the

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parties believed that motion to be “unnecessary,” then the parties could file a joint status

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statement outlining proposed next steps. Id.

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The court is now in receipt of the parties’ competing proposals for next steps.

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Defendants propose filing their Epic-related motion for summary judgment before

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plaintiff’s motion for, inter alia, conditional collective action certification. Plaintiff proposes

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that those motions should be filed in the opposite order. Importantly, neither party

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believes that defendants’ Epic-related motion for summary judgment is “unnecessary.”

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Instead, the parties only dispute the timing of the above motions.

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The court has twice previously decided that issue. Dkts. 88 at 6, 106 at 1-2. The

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court needs to know who can be part of the class/collective action before plaintiff moves

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for conditional certification and before notice of this action is sent to the putative

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collective/class members.

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Accordingly, defendants shall file their Epic-related motion for summary judgment
by July 6, 2018.
IT IS SO ORDERED.
Dated: June 15, 2018
__________________________________
PHYLLIS J. HAMILTON
United States District Judge

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United States District Court
Northern District of California

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