Holmes v. Kelly Services USA, LLC et al

Filing 29

ORDER (1) Denying Defendants' 17 MOTION to Dismiss; (2) Denying Defendants' 19 MOTION to Stay Consideration of Plaintiff's Motion for Conditional Certification; (3) Taking Under Advisement Defendants' 13 MOTION to Compel Arbitration; and (4) Setting Schedule with Respect to 5 MOTION for Conditional Certification. (Plaintiff's Supplemental Affidavits and/or Declarations due by 12/13/2016, Defendants' Response to Motion for Conditional Certification due by 1/27/2017, Plaintiff's Reply due by 2/3/2017.) Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRACIE HOLMES,
Plaintiff,

Case No. 16-cv-13164
Hon. Matthew F. Leitman

v.
KELLY SERVICES USA, LLC et al.
Defendants.
_________________________________/
ORDER (1) DENYING DEFENDANTS’ MOTION TO DISMISS (ECF #17);
(2) DENYING DEFENDANTS’ MOTION TO STAY CONSIDERATION OF
PLAINTIFF’S MOTION FOR CONDITIONAL CERTIFICATION (ECF
#19); (3) TAKING UNDER ADVISEMENT DEFENDANTS’ MOTION TO
COMPEL ARBITRATION (ECF #13); AND (4) SETTING SCHEDULE
WITH RESPECT TO MOTION FOR CONDITIONAL CERTIFICATION
(ECF #5)
On November 29, 2016, the Court held a hearing on three pending motions
in this action. For the reasons stated on the record at the hearing, IT IS HEREBY
ORDERED that:
 Defendants’ Motion to Dismiss Plaintiff’s Complaint under Federal Rule of
Civil Procedure 12(b)(6) (ECF #17) is DENIED;
 Defendants’ Motion to Stay Consideration of Plaintiff’s Motion for
Conditional Certification (ECF #19) is DENIED; and
 Defendants’ Motion to Compel Arbitration (ECF #13) is TAKEN UNDER
ADVISEMENT.
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At the hearing, the Court also set the following schedule and procedure with
respect to Plaintiff’s pending Motion for Conditional Certification (ECF #5):
 Plaintiff shall submit any supplemental affidavits and/or declarations that
she wishes to submit in support of the Motion for Conditional Certification
by no later than December 13, 2016;
 All individuals, including Plaintiff, who submit such an affidavit and/or
declaration shall appear for a deposition with respect to the substance of
their submission by no later than January 13, 2017;
 Defendants shall file their response brief in opposition to the Motion for
Conditional Certification by no later than January 27, 2017; and
 Plaintiff may file a reply brief by no later than February 3, 2017.
IT IS SO ORDERED.

Dated: November 29, 2016

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on November 29, 2016, by electronic means
and/or ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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