De Leon et al v. Mastria Incorporated et al

Filing 46

ORDER DENYING 31 PLAINTIFFS' MOTION FOR CONDITIONAL CERTIFICATION OF FLSA COLLECTIVE CLASS. Signed by Judge Edward J. Davila on 5/21/2018. (ejdlc2S, COURT STAFF) (Filed on 5/21/2018)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 HECTOR DE LEON, et al., 7 Case No. 5:17-cv-00626-EJD Plaintiffs, 8 v. 9 MASTRIA INCORPORATED, et al., 10 Defendants. ORDER DENYING PLAINTIFFS’ MOTION FOR CONDITIONAL CERTIFICATION OF FLSA COLLECTIVE CLASS Re: Dkt. No. 31 United States District Court Northern District of California 11 12 13 On January 25, 2018, Plaintiffs filed a motion seeking conditional class certification 14 pursuant to the Fair Labor Standards Act (“FLSA”). Dkt. No. 31. Defendants opposed. Dkt. No. 15 44. In their reply, Plaintiffs responded that they “do not contest Defendants’ request for an order 16 denying their motion for FLSA class certification.” Dkt. No. 45. In light of the apparent agreement between the parties, Plaintiffs’ motion for conditional 17 18 class certification (Dkt. No. 31) is DENIED. This case shall proceed only on the individual claims 19 of the named plaintiffs that remain in the case, Hector De Leon and Carlos Cisneros.1 No further 20 amended complaint shall be filed. IT IS SO ORDERED. 21 22 Dated: May 21, 2018 ______________________________________ EDWARD J. DAVILA United States District Judge 23 24 25 26 27 28 1 Cesar Galvez, the only other originally named plaintiff, has settled his claims with Defendants. Dkt. No. 45 at 1 n.1. Case No.: 5:17-cv-00626-EJD ORDER DENYING PLAINTIFFS’ MOTION FOR CONDITIONAL CERTIFICATION OF FLSA COLLECTIVE CLASS 1

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