Senne Order Aug. 19, 2016
Senne Order Aug. 19, 2016
Senne Order Aug. 19, 2016
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Plaintiffs,
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v.
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Defendants.
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Plaintiffs filed a Motion for Leave to File a Motion for Reconsideration of the Courts July
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21, 2016 Order (Docket No. 687) (July 21 Order). In the alternative, they requested that they
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narrowed classes. See Docket No. 702. Defendants were invited to respond to the Motion for
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Leave and the Court heard argument on the requests on August 19, 2016 at 11:00 a.m. The Court
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GRANTS in part and DENIES in part Plaintiffs requests as follows: Plaintiffs will be permitted
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to file a renewed motion (Renewed Motion) for class certification under Rule 23 in which
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Plaintiffs will propose narrower classes and address the concerns articulated by the Court in its
July 21 Order, including those related to the survey conducted by their expert and the expert
opinions that were based on the survey. In the Renewed Motion, Plaintiffs may also seek
(re)certification of narrower FLSA classes than the ones the Court decertified in its July 21 Order.
The Court will apply the more stringent standards that govern the second phase of the class
certification process under the FLSA to the proposed FLSA classes. Defendants, in turn, may file
a Daubert motion in connection with the survey results and related expert reports.
Renewed Motion and Daubert Motion shall be filed by September 12, 2016.
Responses to the Renewed Motion and Daubert Motion shall be filed by October
14, 2016
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Reply briefs on the Renewed Motion and Daubert Motion shall be filed by October
28, 2016.
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IT IS SO ORDERED.
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______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge
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