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Miguel A. Cruz, and John D. Hansen v. Dollar Tree Stores

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


March 31, 2011

MIGUEL A. CRUZ, AND JOHN D. HANSEN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
DOLLAR TREE STORES, INC., DEFENDANT.
ROBERT RUNNINGS, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
DOLLAR TREE STORES, INC., DEFENDANT.

United States District Court of California For the Northern District

ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE AND SERVE A MOTION FOR RECONSIDERATION OF THE DECERTIFICATION

ORDER

This matter comes before the Court on a Motion for Leave to File and Serve a Motion for Reconsideration filed by Plaintiffs Robert Runnings, Miguel Cruz, and John Hansen (collectively, "Plaintiffs"). ECF No. 290 ("Mot.").*fn1 In their Motion, Plaintiffs request leave to file a Motion for Reconsideration of this Court's September 9, 2010 Order Granting in Part and Denying in Part Defendant's Motion to Decertify. See ECF No. 232 ("Sept. 9, 2010 Order"). Plaintiffs contend that leave should be granted in 3 accordance with Civil Local Rule 7-9(b) because of the emergence of 4 new material facts since the Court issued its September 9, 2010 Order. Specifically, Plaintiffs contend that recent correspondence with Defendant Dollar Tree Stores, Inc. ("Defendant") has revealed potential problems with the manner in which Defendant handled certain payroll certifications, such as those that Defendant contends were illegible.

Plaintiffs leave to file a Motion for Reconsideration. However, to 12 the extent that Plaintiffs intend to argue that the weekly payroll 13 certifications are inaccurate writ large and therefore cannot be 14 relied upon for class certification purposes, the Court reminds "if Plaintiffs intend to argue that the certifications do not provide a reliable measure of weeks when SMs were not spending most of their time performing managerial tasks, then it is not clear to the Court how this case can proceed as a class action." Sept. 9, Furthermore, it is unclear to the Court whether Defendant has produced the payroll certifications that it contends are illegible.

The Court hereby ORDERS Defendant to produce those payroll certifications to Plaintiffs' counsel as soon as possible for review if it has not already done so. hearing on May 27, 2011 at 10 a.m. Plaintiffs shall file their Motion for Reconsideration by April 22, 2011. Defendants shall Having considered Plaintiffs' Motion, the Court GRANTS United States District Court For the Northern District of California Plaintiffs of the Court's statement in its September 9, 2010 Order: 2010 Order at 20. 21 Plaintiffs' Motion for Reconsideration is hereby set for file their Opposition by May 6, 2011. Plaintiffs shall file their Reply by May 13, 2011.

Lastly, two additional motions are currently before the Court in this case: Defendant's Motion to Bifurcate the Liability and Damages Phases of Trial and Set the Order of Presentation and Argument at Trial, ECF No. 277 ("Def.'s Mot. to Bifurcate"), and Plaintiff's Motion for Pre-Trial Order No. 1, ECF No. 290. These Motions are currently set for hearing on April 8, 2011 and May 27, 2011 respectively. In the interest of efficiency, the Court hereby RESCHEDULES the hearing on Defendant's Motion to Bifurcate for May 27, 2011. Thus, Defendant's Motion to Bifurcate, Plaintiffs' Motion for Pre-Trial Order No. 1, and Plaintiffs' Motion for Reconsideration shall all be heard on May 27, 2011, at 10 a.m. in Courtroom 1, 17th Floor, 450 Golden Gate Avenue, San Francisco, California.

IT IS SO ORDERED.

United States District Court For the Northern District of California

UNITED STATES DISTRICT JUDGE


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