Sherry Singer et al v. Postmates, Inc.

Northern District of California, cand-4:2015-cv-01284

ORDER VACATING HEARING AND REQUIRING JOINT STATEMENT. Signed by Judge JEFFREY S. WHITE on 9/21/15.

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 SHERRY SINGER ET AL, No. C 15-01284 JSW 10 Plaintiff, ORDER VACATING HEARING AND 11 v. REQUIRING JOINT STATEMENT United States District Court POSTMATES, INC., For the Northern District of California 12 13 Defendant. / 14 15 Pursuant to Civil Local Rule 7-1(b), the Court finds that Plaintiffs' motion for notice to be 16 issued to similarly situated employees pursuant to 29 U.S.C. section 216(b) (Docket No. 15) and 17 Defendant's motion to dismiss Counts X and XI of Plaintiffs' First Amended Complaint with 18 prejudice (Docket No. 33), which have been set for hearing on Friday, September 25, 2015 at 9:00 19 a.m., are appropriate for decision without oral argument. Accordingly, the Court VACATES the 20 September 25, 2015 hearing. The pending motions will be taken under submission and decided on 21 the papers. 22 The parties have stipulated "that the statute of limitations pertaining to the time available to 23 any similarly situated employees to opt out will toll according to the originally noticed July 2, 2015 24 hearing date," and on June 5, 2015, the Court entered an order approving the parties' stipulation 25 (Docket No. 26). Within 7 days after the date of this order, the parties shall file a joint statement 26 stating, briefly, whether the parties' stipulation is that: (1) the statute of limitations is tolled until the 27 Court rules on Plaintiffs' motion for notice to be issued to similarly situated employees; (2) the 28 statute of limitations is tolled through September 25, 2015; or (3) the statute of limitations is or was tolled through some other date. 1 The Court also VACATES the initial case management conference set for Friday, September 2 25, 2015 at 11:00 a.m. The case management conference shall be reset by further order. 3 IT IS SO ORDERED. 4 Dated: September 21, 2015 JEFFREY S. WHITE 5 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2