Silva v. Teksystems, Inc

Filing 62

ORDER. Signed by Judge Lucy Koh on 12/19/2013. (lhklc2, COURT STAFF) (Filed on 12/19/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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JOSE SILVA,
Plaintiff,

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v.

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TEKSYSTEMS, INC.,
Defendant.

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Clerk: Martha Parker Brown
Reporter: Lee-Anne Shortridge

Case No.:12-CV-05347-LHK
CASE MANAGEMENT ORDER

Plaintiff Attorney: Robert Nelson
Defendant Attorney: Michael Kun

On December 19, 2013, the Court held a hearing on the parties’ summary judgment
motions, Defendant’s motions to strike, and Defendant’s motions for sanctions.

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For the reasons stated on the record on December 19, 2013, the Court ruled as follows:
(1)

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DENIES Plaintiff Jose Silva’s Motion for Summary Judgment or, in the Alternative, for
Partial Summary Judgment of Claims in its entirety;

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(2)

Finds INADMISSIBLE Silva’s spreadsheet record of his hours worked;

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(3)

Finds ADMISSIBLE Cisco’s TaskTracking records of Silva’s hours worked;

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(4)

DENIES Defendant TEKsystems, Inc.’s Motion for Summary Judgment or, Alternatively,

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Partial Summary Judgment as to Silva’s overtime claims, Causes of Action One and Two;
(5)

DENIES Defendant TEKsystems, Inc.’s Motion for Partial Summary Judgment as to
Silva’s prayer for liquidated damages;

Case No.: 12-CV-05347-LHK
CASE MANAGEMENT ORDER

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(6)

Silva’s Cause of Action Three for wage statement violations;

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(7)

(8)

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United States District Court
For the Northern District of California

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GRANTS Defendant TEKsystems, Inc.’s Motion to Strike Silva’s Disclosure of
Information Shared In Confidential Settlement Communications and Mediation;

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GRANTS Defendant TEKsystems, Inc.’s Motion for Partial Summary Judgment as to
Silva’s Cause of Action Four for waiting time penalties;

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DENIES Defendant TEKsystems, Inc.’s Motion for Partial Summary Judgment as to

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GRANTS Defendant TEKsystems, Inc.’s Motion to Strike Silva’s Impermissible Reliance
Upon Excluded Tape Recordings in Violation of Court Order;

(10) DENIES Defendant TEKsystems, Inc.’s Motions for Sanctions.
The case schedule remains as set. The Court will not vacate the pretrial conference and trial
dates until the parties file their stipulation of dismissal. A further case management conference will
take place on January 15, 2014, at 2:00 p.m.

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IT IS SO ORDERED.
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Dated: December 19, 2013

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Case No.: 12-CV-05347-LHK
CASE MANAGEMENT ORDER

_________________________________
LUCY H. KOH
United States District Judge