Judge: Elaine Lu, Case: 21STCV30670, Date: 2024-09-05 Tentative Ruling

Case Number: 21STCV30670    Hearing Date: September 5, 2024    Dept: 9

9/5/24:

In court today, Plaintiff identifies the following discovery that must be completed before Plaintiff can be prepared to file Plaintiff's motion for class certification: (1) the second day of the deposition of Defendant's PMK; (2) any follow-up information that might be revealed during the second day of the deposition of Defendant's PMK; (3) possibly, a deposition of a different PMK if there are deficits in the first PMK's knowledge; and (4) written discovery re regular rate pay.

Plaintiff states that the first day of Defendant's PMK covered factory workers whereas the second day will cover workers in administrative positions.

With regard to (1) above, all parties stipulated in open court to proceed with the second day of the deposition of Defendant's PMK on September 27, 2024 at 10 am. 

Plaintiff states in open court today that provided that the second day of the deposition of Defendant's PMK proceeds on September 27, 2024, then by October 3, 2024, Plaintiff will propound any necessary additional written discovery and notice any further depositions that are necessary.

 Defendant states that if Plaintiff propounds any necessary additional written discovery or notices any further depositions, Defendant will respond to written discovery within the time allotted per code, i.e. 30 days, and Defendant will make its best efforts to produce any additional PMK within 30 days.

All parties stipulated in open court today that Defendant shall depose Plaintiff on October 9, 2024 at 10 am.

With this time frame, Plaintiff states in open court today that Plaintiff will be prepared to file his motion for class certification by December 3, 2024.

Plaintiff's ex parte application to extend the deadline for filing his motion for class certification is GRANTED.  The deadline for Plaintiff to file his motion for class certification is EXTENDED to December 3, 2024.  A non-appearance case is set for December 10, 2024 at 8:30 am, Department 9.

If the parties stipulate to attend private mediation before the December 3, 2024 deadline, the parties may file a stipulation and proposed order to extend the December 3, 2024 deadline for filing of a class certification motion.  Any such stipulation must include a new date for the second day of Defendant's PMK deposition, a new deadline for Plaintiff to propound any additional discovery, a new deadline for Defendant to respond to any additional discovery, and a new deadline for Plaintiff to file Plaintiff's motion for class certification.

Plaintiff is to download the instant minute order and to give notice.