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Dibel v. Jenny Craig

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 11, 2007

CONNIE DIBEL, BELINDA HAGEN, VANESSA BROWN, ANN JOHNSON, LINDA LECIEJEWSKI, TAURUS ANDERSON, CINDY ILLESCAS, SERENA LOPEZ, ALISON GAYLORD, VERA CERTIFICATION AND GLUYAS, AND KAREN CURRY, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
JENNY CRAIG, INC.; JENNY CRAIG INTERNATIONAL, INC.; JENNY CRAIG MANAGEMENT, INC.; JENNY CRAIG OPERATIONS, INC.; JENNY CRAIG PRODUCTS, INC.; AND JENNY CRAIG WEIGHT LOSS CENTERS, INC., DEFENDANTS.

The opinion of the court was delivered by: Honorable Janis L. Sammartino United States District Judge

ORDER (1) DENYING PLAINTIFFS' MOTION FOR CLASS (2) SETTING SCHEDULE FOR RENEWED MOTION (Doc. No. 47)

On December 7, 2007, the Court held a telephonic status conference with counsel.

Pursuant to the status conference, the Court hereby ORDERS as follows:

-Plaintiffs' motion for class certification pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b), is DENIED WITHOUT PREJUDICE. (Doc. No. 47.) The Court finds that denying the motion and granting plaintiffs leave to file a renewed motion are appropriate in light of the intervening developments in Cleaves et al v. Jenny Craig, et al., Los Angeles Superior Court Case No. BC354904.

-The Court shall rule on defendants' objection to the ruling of Magistrate Judge Battaglia on or before February 8, 2008. (See Doc. No. 116.)

-If plaintiffs wish to renew their motion for class certification, they SHALL FILE that motion on or before February 29, 2008.

-If plaintiffs file a renewed motion for class certification, the remaining briefing schedule is as follows: defendants SHALL FILE their opposition on or before March 21, 2008, and plaintiffs SHALL FILE their reply on or before April 4, 2008.

-If plaintiffs file a renewed motion for class certification, the Court shall hear oral argument on the motion on April 18, 2008 at 10:30 a.m. in Courtroom 6.

IT IS SO ORDERED.

20071211

© 1992-2007 VersusLaw Inc.



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