Shaw et al v. Wizards of the Coast, LLC

Filing 56

ORDER GRANTING 51 PLAINTIFFS' ADMINISTRATIVE MOTION. Signed by Judge Edward J. Davila on 7/10/2017. (ejdlc2S, COURT STAFF) (Filed on 7/10/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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SAN JOSE DIVISION

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ADAM SHAW, et al.,

Case No. 5:16-cv-01924-EJD

Plaintiffs,
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ORDER GRANTING PLAINTIFFS’
ADMINISTRATIVE MOTION

v.
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WIZARDS OF THE COAST, LLC,

Re: Dkt. No. 51

Defendant.
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On June 14, 2017, Plaintiffs filed a motion for conditional class certification and to

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facilitate notice. Dkt. No. 46. Plaintiffs noticed the motion for November 9, 2017, which was the

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Court’s first available hearing date.

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Plaintiffs now ask the Court to toll the statute of limitations for claims of putative class

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members until the Court resolves the class certification motion (or, alternatively, to hear the

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motion sooner). Dkt. No. 51. Under the Fair Labor Standards Act (“FLSA”), an action must be

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“commenced within two years after the cause of action accrued, except that a cause of action

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arising out of a willful violation may be commenced within three years after the cause of action

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accrued.” 29 U.S.C. § 255(a). In collective actions under the FLSA, the action is “commenced”

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Case No.: 5:16-cv-01924-EJD
ORDER GRANTING PLAINTIFFS’ ADMINISTRATIVE MOTION

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when non-named plaintiffs file written consents to become parties. 29 U.S.C. § 256(b); Guifu Li v.

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A Perfect Franchise, Inc., No. 5:10-CV-01189-LHK, 2011 WL 4635198, at *15 (N.D. Cal. Oct. 5,

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2011).

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Plaintiffs argue that many putative class members’ claims will be extinguished or truncated

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if the Court does not resolve the motion for conditional class certification before November. Dkt.

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No. 15 at 4–5; see also Hosking v. New World Mortg., Inc., 602 F. Supp. 2d 441, 448 (E.D.N.Y.

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2009) (noting that tolling is appropriate in FLSA actions “where the delay of the court in ruling on

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the collective action motion caused claims to become time-barred”).

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The Court agrees. For good cause shown, Plaintiffs’ administrative motion (Dkt. No. 51) is
GRANTED. The statute of limitations shall be tolled for claims of putative class members until

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United States District Court
Northern District of California

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the Court resolves Plaintiffs’ motion for conditional class certification (Dkt. No. 46).

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IT IS SO ORDERED.
Dated: July 10, 2017
______________________________________
EDWARD J. DAVILA
United States District Judge

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Case No.: 5:16-cv-01924-EJD
ORDER GRANTING PLAINTIFFS’ ADMINISTRATIVE MOTION