The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
ORDER LIFTING STAY AND DIRECTING PARTIES TO FILE SUPPLEMENTAL BRIEFS ORDER SETTING HEARING FOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION
On November 18, 2011, the parties requested stay in the action pending the resolution of Brinker Restaurant Corp. v. Sup. Ct., 165 Cal.App.4th 25 (2008). The parties noted, "At issue in Brinker is the standard for determining an employer's obligations with respect to California's rest and meal break laws." (Doc. 79 at 2). Because the complaint raised issues pending resolution in Brinker, the Court granted the parties' request to stay the action. (Doc. 80). The Court ordered the parties to file a status report within ten days of a decision in Brinker, discussing "whether the stay should be lifted, any need for further discovery and the proposed dates for completion of the case." Id. at 4. In addition, the parties were ordered to "discuss whether there is a need for additional briefing to address Brinker issues." Id.
On April 12, 2012, the California Supreme Court issued its decision in Brinker, and in accordance with the Court's order, the parties submitted a joint status report on April 23, 2012. (Doc. 92).
The parties agree the stay should be lifted, and seek to file briefs regarding the decision in 1 Brinker and its impact on the pending class certification motion. Id. at 2. Also, the parties agree 2 additional discovery may be required, but "believe it is prudent . . . to defer decisions on what 3 additional discovery may be necessary and when further pre-trial and trial dates should fall until class 4 certification is decided." Id. at 3. 5
Accordingly, IT IS HEREBY ORDERED:
1. The stay previously ordered in this action, is LIFTED;
2. The parties SHALL file supplemental briefs, no longer than 15 pages (including any exhibits), discussing only the decision in Brinker and its effect upon Plaintiffs' motion for class certification on or before May 25, 2012; and
3. A hearing on Plaintiffs' motion for class certification (Doc. 42) is SET for July 2, 2012 at 9:00 a.m. at 1300 18th Street, Bakersfield, CA.
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