Molina v. Huaxcuaxtla Restaurant Corp.

Background

Plaintiffs’ counsel sent a letter requesting a pre-motion conference under the judge’s individual rules. The letter concerned the defendants’ alleged failure to comply with an earlier order granting conditional certification of a collective action under the Fair Labor Standards Act. That earlier order required the defendants to produce contact information for potential collective members by October 2, 2020, and required notices to be sent by October 9, 2020.

The letter stated that the defendants had not provided the information or responded to multiple emails. It also stated that plaintiffs could not send the notices without the court-ordered information. The requested contact information included names, last known home addresses, home and mobile telephone numbers, and email addresses.

Plaintiffs’ Requests

Plaintiffs asked the court to compel the defendants to provide the contact information immediately or, alternatively, to schedule a pre-motion conference concerning that request. Plaintiffs also asked the court to equitably toll, meaning pause, the statute of limitations for potential members of the Fair Labor Standards Act collective from August 21, 2020—the date plaintiffs filed their motion for conditional certification—through the end of the court-approved notice period.

The letter explained plaintiffs’ position that employees do not become members of a Fair Labor Standards Act collective action until they affirmatively opt in, and that the statute of limitations continues to run until employees receive notice and can submit consent forms.

Court’s Action

Judge Lorna G. Schofield ordered the defendants to file any response by October 9, 2020, under Individual Rule III.A.1. The text provided does not state that the court granted or denied plaintiffs’ requests to compel production, schedule a conference, or toll the statute of limitations.