Cadena v. Customer Connexx LLC et al

Filing 124

ORDER on Mandate. IT IS ORDERED that the parties to confer by phone or in person about how to proceed on the issues remanded by the Ninth Circuit. By December 16, 2022, the parties will file either a stipulated plan or alternative proposals. The plan or proposals should address, at a minimum, whether a trial or evidentiary hearing is needed to resolve the remanded issues and a schedule for briefs and hearings. Signed by Judge Andrew P. Gordon on 11/18/2022. (Copies have been distributed pursuant to the NEF - HAM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 DANIELLE CURLEY, et al.,
4

Plaintiffs

Case No.: 2:18-cv-00233-APG-DJA
Order on Mandate

5 v.
6 CUSTOMER CONNEXX LLC, et al.,
7
8

Defendants
The United States Court of Appeals for the Ninth Circuit issued its opinion reversing the

9 judgment entered in this case. That court also remanded the case to me to consider “whether
10 time spent shutting down computers is compensable, whether the time spent booting up and
11 down the computers is not compensable under the de minimis doctrine, and whether Connexx
12 had no knowledge of the alleged overtime such that it is not in violation of 29 U.S.C. § 207.”
13 ECF No. 121 at 20. The parties are to confer about how to proceed on these issues (e.g., whether
14 a trial or evidentiary hearing is needed to resolve them, a schedule for briefs and hearings, etc.).
15 The parties are to submit either a stipulated plan or alternative proposals.
16

I THEREFORE ORDER that the mandate be spread upon the records of this court.

17

I FURTHER ORDER the parties to confer by phone or in person about how to proceed

18 on the issues remanded by the Ninth Circuit. By December 16, 2022, the parties will file either a
19 stipulated plan or alternative proposals. The plan or proposals should address, at a minimum,
20 whether a trial or evidentiary hearing is needed to resolve the remanded issues and a schedule for
21 briefs and hearings.
22
23

DATED this 18th day of November, 2022.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE