Valdez v. Cox Communications Las Vegas, Inc. et al

Filing 353

ORDER Denying 238 Plaintiff's Motion for an Order Directing Disclosure of the Names and Addresses of Class Members for the Purposes of Determining Whether Suitable Representatives Exist for the Class Prosecution of this Case Under the Fair La bor Standards Act and, in The Event Severance and Remand is Denied, Nevada State Law, and Tolling the Statute of Limitations Under the Fair Labor Standards Act. Signed by Judge Philip M. Pro on 4/10/12. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 8 JOSEPH VALDEZ, individually and on behalf of all others similarly situated, 9 Plaintiffs, 10 vs. 11 12 COX COMMUNICATIONS OF LAS VEGAS, INC., et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:09-CV-01797-PMP-RJJ ORDER Having read and considered Plaintiff’s fully briefed Motion For An Order 15 16 Directing Disclosure Of The Names And Addresses Of Class Members For The Purposes 17 Of Determining Whether Suitable Representatives Exist For The Class Prosecution Of This 18 Case Under The Fair Labor Standards Act And, In The Event Severance And Remand Is 19 Denied, Nevada State Law, And Tolling The Statute Of Limitations Under The Fair Labor 20 Standards Act (Doc. #238), and the arguments of counsel presented at the hearing 21 conducted on November 22, 2011, The Court finds that because it has already made a merits-based determination 22 23 that the collective action in this case should not be certified, thereby obviating the need for 24 the notice requested by Plaintiffs, and good cause appearing, 25 /// 26 /// 1 IT IS ORDERED that Plaintiff’s Motion For An Order Directing Disclosure Of 2 The Names And Addresses Of Class Members For The Purposes Of Determining Whether 3 Suitable Representatives Exist For The Class Prosecution Of This Case Under The Fair 4 Labor Standards Act And, In The Event Severance And Remand Is Denied, Nevada State 5 Law, And Tolling The Statute Of Limitations Under The Fair Labor Standards Act (Doc. 6 #238) is DENIED. 7 DATED: April 10, 2012. 8 9 10 PHILIP M. PRO United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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