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05/04/2016 Minute Order

This is an unofficial transcription of a scan of a court document, the original scanned document can be viewed here.





DATE: 05/04/2016
TIME: 12:00:00 PM

CLERK: Patricia Ashworth
REPORTER/ERM: Joanne Castro CSR# 6944

DEPT: C-67

CASE NO: 37-2011-00102593-CU-OE-CTL CASE INIT.DATE: 12/16/2011
CASE TITLE: Felczer vs. Apple Inc [IMAGED]
CASE TYPE: Other employment
CASE CATEGORY: Civil – Unlimited


Ex Parte


Ex Parte


Tyler J Belong, counsel, present for Plaintiff(s).
Jeffrey L Hogue, counsel, present for Plaintiff(s).
Todd K Boyer, counsel, present for Defendant(s).
Michael G Leggieri, counsel, present for Defendant(s) telephonically.

On May 4, 2016, at noon, the Court heard:
– Plaintiffs’ Ex Parte Application: (1) to continue the hearing and briefing schedule on Apple’s motion for summary adjudication; and (2) for clarification of Court Order; and
– Apple’s Ex Parte Application to: (1) compel compliance with subpoena for CPT Group PMK; and (2) compel the deposition of Class Members.
Upon consideration of the papers, and the arguments of counsel at the hearing, the Court ruled as follows:
– Plaintiffs’ Application to Continue the Hearing and Briefing Schedule on Apple’s Motion for

Summary Adjudication:
– The hearing on Apple’s Motion for Summary Adjudication is continued from June 1, 2016, to July 1, 2016, at 9:00 a.m. (Clerk’s note: Moved from1:30 p.m. to 9:00 a.m. per Court). The briefing schedule is continued accordingly, based on the new hearing date.
– If Plaintiffs wish to take the deposition of Marianne Sheeler, it will take place on May 6, 2016, in Austin, Texas.
– The hearing on Plaintiffs’ Motion for Summary Adjudication remains scheduled for June 1, 2016, at noon.

– Plaintiffs’ Application for Clarification of Court Order:
– The Court confirmed that it did not make factual findings regarding “missed” meal breaks in its April 26, 2016 Order, which denied Plaintiffs’ motion to amend the class certification order to add a new subclass.

– Apple’s Application to Compel Compliance with Subpoena for CPT Group PMK:
– The deposition of CPT Group’s PMK must take place within 30 days.
– Apple’s document request to CPT Group is not limited, with the exception that CPT Group will not produce documents relating to other cases, including correspondence with Hogue & Belong that relates to other cases. CPT Group must, however, produce: (1) all correspondence with Hogue & Belong relating to this case; and (2) documents that reflect its general policies and procedures for the distribution of a class notice.

– Apple’s Application to Compel the Deposition of Class Members:
– Plaintiffs’ counsel represented that they were unable to contact Class Members Matthew Dunlap, Martin Keegan, and Pauline Christianson, and that Apple should serve subpoenas on these Class Members directly.
– The deposition of these three Class Members will take place within 45 days.

The Court adds the following notes:

As to CBT: There will be no discussion with regard to U.S. Bank. The depositions of the three plaintiffs shall be taken no sooner than three weeks from May 4, 2016 and will be conducted in San Diego.

Plaintiff raised the issue of the 54 class members who signed releases. The Court denies plaintiffs’ request for a signed order for plaintiffs to notify the class be letters notifying them of their rights to sue. The Court will consider signing any stipulated order to that effect.

Signed by
Judge Eddie C Sturgeon