Bocel v. Patzeria Family & Friends Inc.

Background

An initial pretrial conference was scheduled for December 2, 2021. The parties had submitted a joint letter and proposed case-management plan, and the court found that they had raised no significant issues requiring the conference.

Orders

The court canceled the December 2 conference but stated that the parties could ask the court to reinstate it if they believed a conference would be useful. The court said that a case-management plan and scheduling order would issue separately.

The court also ordered the parties to meet and discuss whether they would stipulate to conditional certification and the form of notice. Conditional certification is an initial, generally less demanding step for determining whether a group of workers or other plaintiffs may proceed together. The parties were required to report their position by December 7, 2021, while defendants retained the right to challenge any later final certification under the stricter standard applicable at that stage.

If the parties could not agree, the court required the plaintiff to file a pre-motion letter about a conditional-certification motion by December 16, 2021, and defendants to respond by December 23, 2021. The court separately instructed defendants to file a pre-motion letter under the judge’s individual rules if they intended to seek dismissal.

Disposition and Effect

This order canceled a scheduled conference and established procedures and deadlines for possible future motions. It did not grant or deny conditional certification, rule on the form of notice, or decide any motion to dismiss. Judge Lorna G. Schofield issued the order.