Tolton v. Council for Economic Opportunities in Greater Cleveland

Filing 22

Order. The Court orders the parties to be prepared to discuss whether FLSA preempts state class claims or presents issues of incompatibility sufficient to warrant dismissal of class claims, Related 21 Notice of Hearing or Conference. Judge Christopher A. Boyko on 04/21/09. (M,M)

Tolton v. Council for Economic Opportunities in Greater Cleveland

Doc. 22

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

CAROLYN TOLTON, Plaintiff, Vs. COUNCIL FOR ECONOMIC OPPORTUNITIES IN GREATER CLEVELAND, Defendant. CHRISTOPHER A. BOYKO, J:

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CASE NO.1:08CV2588 JUDGE CHRISTOPHER A. BOYKO

ORDER

On April 13, 2009, the Court issued a Notice of Hearing setting an Attorneys Conference for April 30, 2009. There appears to be conflicting law regarding whether the Fair Labor Standards Act (FLSA) is inherently incompatible with state class actions. In light of the parties proposed settlement of both FLSA and class claims, the Court orders the parties to be prepared to discuss whether the FLSA preempts state class claims or presents issues of incompatibility sufficient to warrant dismissal of class claims. Parties shall consider the following cases: Woodard v. FedEx Freight East, Inc., 250 F.R.D. 178 (M.D. Pa. 2008), Bouaphako v. Tyson Foods, Inc., 564 F. Supp.2d 870 (N.D. Iowa 2008), Ellis v. Edward D. Jones & Co., L.P. 527

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F.Supp.2d 439 (W.D. Pa. 2007), Robertson v. LTS Management Services LLC, No. 07-0865, 2008 WL 4559883 (W.D. Mo. Oct. 9, 2008), Freeman v. Hoffman-LaRoche, Inc., No. 07-1503, 2007 WL 4440875 (D. N.J. Dec. 18, 2007), and Lindsay v. Government Employees Ins. Co., 448 F.3d 416 (D.C. Cir. 2006). IT IS SO ORDERED.

S/Christopher A. Boyko CHRISTOPHER A. BOYKO United States District Judge April 21, 2009