Villa v. United Site Services of California, Inc

Filing 101

ORDER SETTING SCHEDULE FOR PLAINTIFF'S MOTION TO STRIKE. Signed by Judge Lucy H. Koh on 10/22/2012. (lhklc2, COURT STAFF) (Filed on 10/22/2012)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

United States District Court
For the Northern District of California

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NELSON GONZALEZ VILLA, on behalf of
himself and all others similarly situated,

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Plaintiffs,
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v.
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UNITED SITE SERVICES OF CALIFORNIA, )
INC.,
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Defendant.
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Case No.: 12-CV-00318-LHK
ORDER SETTING SCHEDULE FOR
PLAINTIFF’S MOTION TO STRIKE

Plaintiff has indicated that he intends to file a motion to strike the declarations attached as

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Exhibit E to the Declaration of Roxanne Briscoe in support of Defendant’s opposition to Plaintiff’s

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class certification motion. The Court will hear this motion on the same date as the class

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certification motion, November 8, 2012, at 1:30 p.m. The Court sets the following briefing

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schedule for this motion to strike:

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Plaintiff’s Motion to Strike: October 22, 2012

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Defendant’s Opposition: October 29, 2012

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Plaintiff’s Reply: November 2, 2012

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In addition, Defendants are hereby ORDERED to file declarations under penalty of perjury

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from each of the managers who obtained employee signatures on the declarations attached as

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Exhibit E to the Declaration of Roxanne Briscoe, addressing how the signatures were obtained.

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Specifically, the declarations should address: (1) how employees were made aware of Defendant’s
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Case No.: 12-CV-00318-LHK
ORDER SETTING SCHEDULE FOR PLAINTIFF’S MOTION TO STRIKE

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request that the employees sign declarations; (2) whether the declarations were signed at work and

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during working hours; (3) who asked the employees to sign the declarations; (4) who was present

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when employees were asked to sign the declarations; (5) what employees were told about the

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contents and purpose of the declarations; (6) what employees were told about the consequences of

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signing or failing to sign the declarations; and (7) whether the employees’ attendance at any

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meetings related to the declarations was mandatory. Defendant shall attach as exhibits to these

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declarations any notices posted or distributed to employees concerning the declarations, and, if

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they are not in English, English translations thereof. These declarations must be filed by Friday,

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October 26, 2012 at 10:00 a.m.

United States District Court
For the Northern District of California

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IT IS SO ORDERED.

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Dated: October 22, 2012

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_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-00318-LHK
ORDER SETTING SCHEDULE FOR PLAINTIFF’S MOTION TO STRIKE