Lonnie Smith v. CEVA Logistics U.S., Inc. et al
| Lonnie R. Smith |
| CEVA Freight Management International Group, Inc., CEVA Freight, LLC, EGL Eagle Global Logistics, LP, CEVA Logistics U.S., Inc. and DOES |
| 2:2009cv04957 |
| July 10, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Chapman |
| Snyder |
| Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
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Filing
82
MEMORANDUM AND ORDER RE: PARTIES' STIPULATED PROTECTIVE ORDER by Magistrate Judge Suzanne H. Segal, The Court is unable to adopt the Protective Order as stipulated to by the parties for the following reasons: First, a protective order must be na rrowly tailored and cannot be overbroad. Additionally, the parties shall articulate, for each document or category of documents they seek to protect, the specific prejudice or harm that will result if no protective order is entered. Second, the Court will not agree to the procedure the parties propose for resolving disputes. See order for further details. (jy)
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Filing
64
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court hereby DENIES defendants' motion to stay the proceedings in this Court 59 pending the resolution of their Rule 23(f) Petition. Court Reporter: N/A. (gk)
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Filing
58
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: The Court hereby GRANTS in part and DENIES in part plaintiff's renewed motion for class certification 36 . Specifically, the Court GRANTS plaintiff's renewed motion for class certification with respect to his meal break claim. The Court excludes from the meal break class any employee who clocked out for a meal period, but claims to have performed work during the meal period. The Court DENIES plaintiff's renewed moti on for class certification of his off-the-clock claim. The Court DENIES defendants' motion to strike the testimony and opinions of Dr. Philip Gorman under Federal Rule of Evidence 702 45 . At oral argument, plaintiff's counsel inquired as to whether denial of class certification of the off-the-clock claim was without prejudice. The Court indicated that because an order granting or denying class certification may be altered or amended before final judgment, the denial was without preju dice. Nonetheless, the Court, in an effort to "determine the course of proceedings," "prescribe measures to prevent undue repetition or complication in presenting... argument," and "deal with similar procedural matters," will require plaintiff to demonstrate an extraordinary showing of good cause before it grants plaintiff leave to file a third motion for class certification. Court Reporter: Laura Elias. (gk)
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