Case: Cruz v. Dollar Tree Stores

3:07-cv-02050 | U.S. District Court for the Northern District of California

Filed Date: April 11, 2007

Closed Date: 2011

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Case Summary

On April 11, 2007, two individuals, both store managers of Dollar Tree Stores, filed this class action lawsuit against Dollar Tree in the U.S. District Court for the Northern District of California. The plaintiffs alleged that they were improperly classified as exempt managers and denied wages for overtime. On August 6, 2007, another plaintiff filed a substantially similar class action in California Superior Court, which Dollar Tree then removed to the same federal district court (Runnings v. Dollar Tree Stores, Case No. 3:07−cv−04012−SC). U.S. District Judge Samuel Conti was assigned to both cases. On August 30, 2007, Judge Conti signed a Related Case Order after finding that the two cases were similar. On November 20, 2007, the court signed a Joint Stipulation and Proposed Order for Consolidation of Actions signed by counsels for the parties. The Cruz case is designated as the leading case.

In their First Amended Complaint filed on July 27, 2007, the plaintiffs in the Cruz case claimed that the class members were harmed because Defendant illegally designated them as exempt employees and denied them overtime wages in violation of the California Labor Code and the Fair Labor Standard Act. For the violations, the plaintiffs asked the court for damages, injunctive relief and restitution.

On January 19, 2008, Dollar Tree filed motions for summary judgment in both actions. On July 8, 2008, in an unpublished order, the court found that triable issues of fact remain as to whether the plaintiffs' employment positions with Dollar Tree are exempt under both the California Labor Code and the Fair Labor Standards Act. Therefore, Dollar Tree's motions for summary judgment were denied.

On March 25, 2009, the plaintiffs moved for an order certifying the following class: "All persons who were employed by Dollar Tree Stores, Inc. as California retail Store Managers at any time on or after December 12, 2004." Starting the class period from December 12, 2004, ensures that any eventual awards to Dollar Tree Store Managers ("SMs") in this case will not overlap with the awards that resulted from a previous settlement. The plaintiffs alleged the class consisted of at least 655 members. Dollar Tree contended that the number was likely to be less, and that there were currently 273 SMs in California.

On May 26, 2009, in an unpublished order ("the Original Certification Order"), the court certified a class of "all persons who were employed by Dollar Tree Stores, Inc. as California retail Store Managers at any time on or after December 12, 2004, and on or before May 26, 2009," and appointed Plaintiffs as class representatives. The class consisted of 718 store managers ("SMs") who worked in 273 retail locations.

On June 18, 2010, in the wake of two Ninth Circuit decisions regarding employment class actions -- In re Wells Fargo Home Mortgage Overtime Pay Litigation, 571 F.3d 953 (9th Cir. 2009) ("Wells Fargo I"), and Vinole v. Countrywide Home Loans, Inc., 571 F.3d 935 (9th Cir. 2009) -- Dollar Tree moved for decertification of the class, arguing that changes in the law made continued class treatment inappropriate. On September 9, 2010, in a published order ("the Partial Decertification Order"), the court granted in part and denied in part Dollar Tree's motion for decertification.

As explained in the Original Certification Order and the Partial Decertification Order, Dollar Tree required its SMs to complete weekly payroll certifications indicating whether they spent more than fifty percent of their actual work time each week performing seventeen listed duties that Dollar Tree believes to be "managerial" in nature. The certification form stated that SMs "may not spend more than a total of 35% of his/her actual work time each week receiving product, distributing and storing product, stocking product and cashiering." Each SM was required to certify "yes" if he or she spent the majority of his or her time performing the seventeen duties and "no" if he or she did not. The payroll certification form further stated that if the SM responds no, "s/he must immediately provide an explanation to both Payroll and Human Resources. No salary or wage will be withheld because of non-compliance." The form provided a space for SMs to write an explanation.

In its Partial Decertification Order, after reviewing the Ninth Circuit's decisions in Wells Fargo I and Vinole and examining subsequent district court reactions, Judge Conti decided that, with a modification of the class definition, this case could proceed as a class action. The court held that Dollar Tree's payroll certifications provided common proof of how SMs were spending their time. The court reasoned that this common proof -- which was lacking in other cases where classes were decertified after Vinole and Wells Fargo I -- would obviate the need for much individual testimony from SMs concerning how they spent their time.

However, the court narrowed the class to include only those SMs who certified "no" on a payroll certification form at least once during the class period. The court reasoned that, in order to prove liability with regard to the SMs who always certified "yes," the plaintiffs would need to show that these SMs were not truthful when completing their payroll certifications. Such credibility determinations would require individualized inquiries that would overwhelm the common issues in the case. By narrowing the class, the court sought to avoid this problem.

The Partial Decertification Order resulted in a class consisting of 273 members and defined as "all persons who were employed by Dollar Tree Stores, Inc. as California retail store managers at any time on or after December 12, 2004, and on or before May 26, 2009, and who responded 'no' at least once on Dollar Tree's weekly payroll certifications." The class definition has not been altered further.

Judge Conti subsequently reviewed motions from the plaintiffs and Dollar Tree addressing trial management issues, reviewed and denied a motion for reconsideration of the Partial Decertification Order filed by the plaintiffs, and held a May 27, 2011 hearing to discuss trial management issues. These developments, along with the Ninth Circuit's decision in Marlo v. United Parcel Service, Inc., 639 F.3d 942 (9th Cir. 2011) ("Marlo II"), made the court increasingly concerned that individualized issues will predominate over classwide issues if this case proceeds to trial as a class action. The court thus decided to entertain further briefing from the parties regarding the propriety of continued class treatment.

After the Supreme Court's decision in Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (June 20, 2011), on July 8, 2011, Judge Conti found that continued class treatment was not appropriate in this case and decertified the class. After the decertification of the class, many of the plaintiffs' other motions and claims unraveled quickly. The court first dismissed their bifurcation and first pre-trial motion, and then their claims under the Fair Labor Standards Act. On December 9, 2011, the parties jointly moved to voluntary dismiss the case. The court agreed and dismissed the case with prejudice.

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Summary Authors

Xin Chen (7/30/2011)

Megan Brown (11/7/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5798134/parties/cruz-v-dollar-tree-stores-inc/

Judge(s)

Attorney for Plaintiff

Allen, Kevin Robert (California)

Bainer, Matthew Roland (California)

Bissen, Eileen Marie (California)

Charlton, Clyde Hobbs (California)

Attorney for Defendant

Berman, Beth Hirsch (Virginia)

Judge(s)

Conti, Samuel (California)

Spero, Joseph C. (California)

Attorney for Plaintiff

Allen, Kevin Robert (California)

Bainer, Matthew Roland (California)

Bissen, Eileen Marie (California)

Charlton, Clyde Hobbs (California)

Cole, Scott Edward (California)

DeSario, Molly Ann (California)

Edgar, Donald S. (California)

Fietz, Jeremy R. (California)

Grady, J. Rex (California)

Grady, Jeffrey Rex (California)

Hicks, Steven Matthew (California)

Lin, Carrie S. (California)

Vigil-Gallenberg, Rosa I. (California)

Attorney for Defendant

Berman, Beth Hirsch (Virginia)

Eltanal, Rossana S. (California)

Gannon, AnnaMary Elizabeth (California)

Hernaez, Alex (California)

Johnson, Krista Stevenson (California)

Links, Robert David (California)

McClain, Maureen E. (California)

Vandall, Matthew P. (California)

Zaletel, Robert Louis (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:07-cv-04012	Docket Runnings v. Dollar Tree Stores	July 18, 2011	July 18, 2011 Docket
3:07-cv-02050	Docket	May 3, 2012	May 3, 2012 Docket
1 3:07-cv-02050	Complaint for Damages, Injuntive Relief and Restitution	April 11, 2007	April 11, 2007 Complaint
5 3:07-cv-02050	Defendant's Motion to Dismiss and Memorandum	May 9, 2007	May 9, 2007 Pleading / Motion / Brief
16 3:07-cv-02050	Opposition to Defendant's Motion to Dismiss	June 8, 2007	June 8, 2007 Pleading / Motion / Brief
19 3:07-cv-02050	Order Granting Defendant's Motion to Dismiss Plaintiffs' Fraud Claim	June 29, 2007	June 29, 2007 Order/Opinion 2007 WL 1880380
23 3:07-cv-02050	First Amended Complaint for Damages, Injunctive Relief and Restitution	July 27, 2007	July 27, 2007 Complaint
25 3:07-cv-02050	Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint and Memorandum	Aug. 9, 2007	Aug. 9, 2007 Pleading / Motion / Brief
34 3:07-cv-02050	Related Case Order	Aug. 31, 2007	Aug. 31, 2007 Order/Opinion
35 3:07-cv-02050	Opposition to Defendant's Motion to Dismiss	Aug. 31, 2007	Aug. 31, 2007 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
Black Farmers FAQ: The history of discrimination against Black farmers and policy initiatives to remedy these inequities. Legal Defense Fund	Black farmers have long faced systemic discrimination by public and private institutions and barriers to economic mobility. Inequities in the administration of government farm programs and discrimina…		https://www.naacpldf.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5798134/cruz-v-dollar-tree-stores-inc/

Last updated Aug. 21, 2025, 3:25 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT / issued summons against Dollar Tree Stores, Inc. ( Filing fee $ 350,receipt number 34611005189.). Filed byMiguel A. Cruz, John D. Hansen. (ga, COURT STAFF) (Filed on 4/11/2007) Additional attachment(s) added on 5/17/2007 (aaa, Court Staff). (Entered: 04/13/2007)	April 11, 2007	April 11, 2007 PACER
2	ADR SCHEDULING ORDER: Case Management Statement due by 7/25/2007. Case Management Conference set for 8/1/2007 10:30 AM.. Signed by Judge James Larson on 4/11/07. (Attachments: # 1 Judge Standing Order# 2 Court Standing Order# 3 Consent/Decline Form)(ga, COURT STAFF) (Filed on 4/11/2007) (Entered: 04/13/2007)	April 11, 2007	April 11, 2007 PACER
	CASE DESIGNATED for Electronic Filing. (ga, COURT STAFF) (Filed on 4/11/2007)	April 11, 2007	April 11, 2007 PACER
3	MOTION for attorney Beth Hirsch Berman leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611005934.) filed by Dollar Tree Stores, Inc.. (ga, COURT STAFF) (Filed on 5/3/2007) (Entered: 05/04/2007)	May 3, 2007	May 3, 2007 PACER
4	Declination to Proceed Before a U.S. Magistrate Judge by Dollar Tree Stores, Inc. AND REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE. (Hernaez, Alex) (Filed on 5/8/2007) (Entered: 05/08/2007)	May 8, 2007	May 8, 2007 PACER
5	MOTION to Dismiss DEFENDANT DOLLAR TREE STORES, INC.'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS' COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Dollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 5/9/2007) (Entered: 05/09/2007)	May 9, 2007	May 9, 2007 PACER
6	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (wh, COURT STAFF) (Filed on 5/9/2007) (Entered: 05/09/2007)	May 9, 2007	May 9, 2007 PACER
7	CLERK'S NOTICE re: Plaintiffs Failure to E-File 1 Complaint and/or Failure to Register as an E-Filer (ga, COURT STAFF) (Filed on 5/10/2007) (Entered: 05/10/2007)	May 10, 2007	May 10, 2007 PACER
11	AMENDED MOTION for leave for admission of Attorney Beth Hirsch Berman to appear in Pro Hac Vice ( Filing fee $ 210.00, receipt number 34611005934.) filed by Dollar Tree Stores, Inc. Re 3 Motion. (aaa, Court Staff) (Filed on 5/11/2007) (Entered: 05/15/2007)	May 11, 2007	May 11, 2007 PACER
8	ORDER REASSIGNING CASE. Case reassigned to Judge Samuel Conti for all further proceedings. Judge James Larson no longer assigned to the case. Signed by Executive Committee on 5/11/07. (ha, COURT STAFF) (Filed on 5/11/2007) (Entered: 05/11/2007)	May 11, 2007	May 11, 2007 PACER
10	CLERK'S NOTICE Case Management Conference set for 8/17/2007 10:00 AM. (tdm, COURT STAFF) (Filed on 5/14/2007) (Entered: 05/14/2007)	May 14, 2007	May 14, 2007 PACER
9	CLERK'S NOTICE Continuing Defendant's Motion to Dismiss Hearing Motion Hearing set for 6/29/2007 10:00 AM. (tdm, COURT STAFF) (Filed on 5/14/2007) (Entered: 05/14/2007)	May 14, 2007	May 14, 2007 PACER
	Sent to Plaintiff(s) Attorney(s) by U.S. Mail Certified Copies of re 8 Order Reassigning Case, 7 Clerks Notice re: Failure to E-File/E-Mail Complaint and Register as an e-filer. (aaa, Court Staff) (Filed on 5/15/2007)	May 15, 2007	May 15, 2007 PACER
12	Proposed Order re 11 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210.00, receipt number 3461100593.) PROPOSED ORDER GRANTING APPLICATION FOR ADMISSION OF ATOTRNEY PRO HAC VICE by Dollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 5/17/2007) (Entered: 05/17/2007)	May 17, 2007	May 17, 2007 PACER
13	ORDER by Judge Samuel Conti 11 Motion for Pro Hac Vice (tdm, COURT STAFF) (Filed on 5/17/2007) (Entered: 05/17/2007)	May 17, 2007	May 17, 2007 PACER
14	Certificate of Interested Entities DEFENDANT DOLLAR TREE STORES, INC.'S CERTIFICATION OF INTERESTED ENTITIES OR PERSONS (McClain, Maureen) (Filed on 5/22/2007) (Entered: 05/22/2007)	May 22, 2007	May 22, 2007 PACER
15	CERTIFICATE OF SERVICE by Dollar Tree Stores, Inc. re 14 Certificate of Interested Entities (McClain, Maureen) (Filed on 5/22/2007) (Entered: 05/22/2007)	May 22, 2007	May 22, 2007 PACER
16	Memorandum in Opposition To Defendant's 5 Motion To Dismiss filed byMiguel A. Cruz, John D. Hansen. (Fietz, Jeremy) (Filed on 6/8/2007) Modified on 6/11/2007 (aaa, Court Staff). (Entered: 06/08/2007)	June 8, 2007	June 8, 2007 PACER
17	Proposed Order Denying Defendant's 5 Motion To Dismiss by Miguel A. Cruz, John D. Hansen. (Fietz, Jeremy) (Filed on 6/8/2007) Modified on 6/11/2007 (aaa, Court Staff). (Entered: 06/08/2007)	June 8, 2007	June 8, 2007 PACER
	Failure to Hyper-Link 16 Memorandum in Opposition, 17 Proposed Order. The civil docket has been corrected to reflect the hyper-links to the supporting documents. (aaa, Court Staff) (Filed on 6/8/2007)	June 8, 2007	June 8, 2007 PACER
18	Reply to Opposition re 5 MOTION to Dismiss DEFENDANT DOLLAR TREE STORES, INC.'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS' COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PLAINTIFFS' COMPLAINT filed byDollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 6/15/2007) (Entered: 06/15/2007)	June 15, 2007	June 15, 2007 PACER
19	ORDER by Judge Samuel Conti granting 5 Motion to Dismiss Fraud Claim without prejudice (sclc2, COURT STAFF) (Filed on 6/29/2007)	June 29, 2007	June 29, 2007 RECAP
20	*DOCUMENT FILED IN ERROR - PLEASE DISREGARD* ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 7/19/2007) Modified on 7/19/2007 (tjs, COURT STAFF). (Entered: 07/19/2007)	July 19, 2007	July 19, 2007 PACER
21	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options ADR Certification by Parties and Counsel (McClain, Maureen) (Filed on 7/26/2007) (Entered: 07/26/2007)	July 26, 2007	July 26, 2007 PACER
22	STIPULATION and Proposed Order selecting Early Neutral Evaluation by Dollar Tree Stores, Inc. Stipulation and [Proposed] Order Selecting ADR Process (McClain, Maureen) (Filed on 7/26/2007) (Entered: 07/26/2007)	July 26, 2007	July 26, 2007 PACER
23	AMENDED COMPLAINT [Class Action] against Dollar Tree Stores, Inc.. Filed byMiguel A. Cruz, John D. Hansen. (Fietz, Jeremy) (Filed on 7/27/2007) (Entered: 07/27/2007)	July 27, 2007	July 27, 2007 PACER
24	STIPULATION AND ORDER REFERRING CASE to Early Neutral Evaluation. Signed by Judge Samuel Conti on 7/30/07. (tdm, COURT STAFF) (Filed on 7/30/2007) (Entered: 07/30/2007)	July 30, 2007	July 30, 2007 PACER
25	MOTION to Dismiss - Notice of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Dollar Tree Stores, Inc.. Motion Hearing set for 9/21/2007 10:00 AM in Courtroom 1, 17th Floor, San Francisco. (Hernaez, Alex) (Filed on 8/9/2007) (Entered: 08/09/2007)	Aug. 9, 2007	Aug. 9, 2007 PACER
26	Proposed Order re 25 MOTION to Dismiss - Notice of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support Thereof Proposed Order Granting Defendant's Motion to Dismiss Plaintiffs' Fraud and Deceit Claim from Plaintiff's First Amended Complaint by Dollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 8/9/2007) (Entered: 08/09/2007)	Aug. 9, 2007	Aug. 9, 2007 PACER
27	Certificate of Interested Entities by Jeremy R. Fietz (Fietz, Jeremy) (Filed on 8/9/2007) (Entered: 08/09/2007)	Aug. 9, 2007	Aug. 9, 2007 PACER
28	JOINT CASE MANAGEMENT STATEMENT filed by Miguel A. Cruz, John D. Hansen. (Fietz, Jeremy) (Filed on 8/10/2007) (Entered: 08/10/2007)	Aug. 10, 2007	Aug. 10, 2007 PACER
29	MOTION to Relate Case ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED; DECLARATION OF ALEX HERNAEZ IN SUPPORT THEREOF filed by Dollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 8/15/2007) (Entered: 08/15/2007)	Aug. 15, 2007	Aug. 15, 2007 PACER
30	Proposed Order re 29 MOTION to Relate Case ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED; DECLARATION OF ALEX HERNAEZ IN SUPPORT THEREOF [PROPOSED] ORDER GRANTING DEFENDANT'S ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED by Dollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 8/15/2007) (Entered: 08/15/2007)	Aug. 15, 2007	Aug. 15, 2007 PACER
31	CERTIFICATE OF SERVICE by Dollar Tree Stores, Inc. re 29 MOTION to Relate Case ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED; DECLARATION OF ALEX HERNAEZ IN SUPPORT THEREOF (Hernaez, Alex) (Filed on 8/15/2007) (Entered: 08/15/2007)	Aug. 15, 2007	Aug. 15, 2007 PACER
32	CLERK'S NOTICE Case Management Conference set for 8/17/07 is continued to 11/16/2007 10:00 AM. (tdm, COURT STAFF) (Filed on 8/16/2007) (Entered: 08/16/2007)	Aug. 16, 2007	Aug. 16, 2007 PACER
33	Statement of Non-Opposition 29 to Defendants Administrative Motion to Consider Whether Cases should be related filed byRobert Runnings. (Cole, Scott) (Filed on 8/21/2007) Modified on 8/28/2007 (sis, COURT STAFF). (Entered: 08/21/2007)	Aug. 21, 2007	Aug. 21, 2007 PACER
34	ORDER by Judge Samuel Conti granting 29 Motion to Relate Case C-07-4012 (tdm, COURT STAFF) (Filed on 8/31/2007) (Entered: 08/31/2007)	Aug. 31, 2007	Aug. 31, 2007 PACER
35	Memorandum in Opposition 25 To Defendant's Motion to Dismiss Fraud filed byMiguel A. Cruz, John D. Hansen. (Fietz, Jeremy) (Filed on 8/31/2007) Modified on 9/4/2007 (sis, COURT STAFF). (Entered: 08/31/2007)	Aug. 31, 2007	Aug. 31, 2007 PACER
36	Reply to Opposition re 25 MOTION to Dismiss - Notice of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed byDollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 9/7/2007) (Entered: 09/07/2007)	Sept. 7, 2007	Sept. 7, 2007 PACER
37	ADR Clerk's Notice Appointing Sandra R. McCandless as ENE Evaluator. (cmf, COURT STAFF) (Filed on 9/12/2007) (Entered: 09/12/2007)	Sept. 12, 2007	Sept. 12, 2007 PACER
38	ORDER by Judge Samuel Conti granting 25 Motion to Dismiss (sclc2, COURT STAFF) (Filed on 9/18/2007)	Sept. 18, 2007	Sept. 18, 2007 RECAP
39	DEFENDANT DOLLAR TREE STORES, INC.'S ANSWER TO PLAINTIFFS' FIRST AMENDED COMPLAINT ANSWER to Amended Complaint byDollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 10/2/2007) (Entered: 10/02/2007)	Oct. 2, 2007	Oct. 2, 2007 PACER
40	STIPULATION AND [PROPOSED] PROTECTIVE ORDER by Dollar Tree Stores, Inc.. (McClain, Maureen) (Filed on 10/19/2007) (Entered: 10/19/2007)	Oct. 19, 2007	Oct. 19, 2007 PACER
41	STIPULATION AND PROTECTIVE ORDER. Signed by Judge Samuel Conti on 10/22/07. (tdm, COURT STAFF) (Filed on 10/24/2007) (Entered: 10/24/2007)	Oct. 24, 2007	Oct. 24, 2007 PACER
42	JOINT CASE MANAGEMENT STATEMENT filed by Dollar Tree Stores, Inc.. (McClain, Maureen) (Filed on 11/9/2007) (Entered: 11/09/2007)	Nov. 9, 2007	Nov. 9, 2007 PACER
43	Proposed Order Joint Stipulation and (Proposed Order) for Consolidation of Actions by Dollar Tree Stores, Inc.. (McClain, Maureen) (Filed on 11/16/2007) (Entered: 11/16/2007)	Nov. 16, 2007	Nov. 16, 2007 PACER
44	Minute Entry: Case Management Conference held on 11/16/2007 before Judge Samuel Conti (Date Filed: 11/16/2007). (Court Reporter Bell Ball.) (tdm, COURT STAFF) (Date Filed: 11/16/2007) (Entered: 11/16/2007)	Nov. 16, 2007	Nov. 16, 2007 PACER
45	STIPULATION ANDN ORDER OF CONSOLIDATION. Signed by Judge Samuel Conti on 11/20/07. (tdm, COURT STAFF) (Filed on 11/20/2007)	Nov. 20, 2007	Nov. 20, 2007 RECAP
	Pre ENE phone conference scheduled on 11/26/2007 at 3:00 p.m. (cmf, COURT STAFF) (Filed on 11/20/2007)	Nov. 20, 2007	Nov. 20, 2007 PACER
46	Proposed Order Stipulation and [Proposed] Order Extending Deadline to Hold an ENE Session and a Pre-Session Telephone Conference by Dollar Tree Stores, Inc.. (McClain, Maureen) (Filed on 11/21/2007) (Entered: 11/21/2007)	Nov. 21, 2007	Nov. 21, 2007 PACER
47	STIPULATION AND ORDER Extending Deadline to Hold an ENE Session and a Pre-Session Telephone Conference. Signed by Judge Samuel Conti on 11/26/07. (tdm, COURT STAFF) (Filed on 11/27/2007)	Nov. 27, 2007	Nov. 27, 2007 RECAP
48	MOTION for Summary Judgment DEFENDANT DOLLAR TREE STORES, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AS TO JOHN HANSEN; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Dollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 1/19/2008) (Entered: 01/19/2008)	Jan. 19, 2008	Jan. 19, 2008 PACER
49	Declaration of BETH HIRSCH BERMAN in Support of 48 MOTION for Summary Judgment DEFENDANT DOLLAR TREE STORES, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AS TO JOHN HANSEN; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed byDollar Tree Stores, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 48 ) (Hernaez, Alex) (Filed on 1/19/2008) (Entered: 01/19/2008)	Jan. 19, 2008	Jan. 19, 2008 PACER
50	Declaration OF CHARLOTTA JACOBSON-ALLEN filed byDollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 1/19/2008) (Entered: 01/19/2008)	Jan. 19, 2008	Jan. 19, 2008 PACER
51	Declaration of PAULA BRADY in Support of 48 MOTION for Summary Judgment DEFENDANT DOLLAR TREE STORES, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AS TO JOHN HANSEN; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed byDollar Tree Stores, Inc.. (Related document(s) 48 ) (Hernaez, Alex) (Filed on 1/19/2008) (Entered: 01/19/2008)	Jan. 19, 2008	Jan. 19, 2008 PACER
52	Declaration of CARLOS HERNANDEZ in Support of 48 MOTION for Summary Judgment DEFENDANT DOLLAR TREE STORES, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AS TO JOHN HANSEN; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed byDollar Tree Stores, Inc.. (Attachments: # 1 Exhibit 1 - 4, # 2 Exhibit 5 - 9, # 3 Exhibit 10 - 14)(Related document(s) 48 ) (Hernaez, Alex) (Filed on 1/19/2008) (Entered: 01/19/2008)	Jan. 19, 2008	Jan. 19, 2008 PACER
53	* FILED IN ERROR. PLEASE DISREGARD. * MOTION for Summary Judgment DEFENDANT DOLLAR TREE STORES, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AS TO ROBERT RUNNINGS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Dollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 1/19/2008) Modified on 1/22/2008 (feriab, COURT STAFF). (Entered: 01/19/2008)	Jan. 19, 2008	Jan. 19, 2008 PACER
54	* FILED IN ERROR. PLEASE DISREGARD. * Declaration of BETH HIRSCH BERMAN in Support of 53 MOTION for Summary Judgment DEFENDANT DOLLAR TREE STORES, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AS TO ROBERT RUNNINGS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed byDollar Tree Stores, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 53 ) (Hernaez, Alex) (Filed on 1/19/2008) Modified on 1/22/2008 (feriab, COURT STAFF). (Entered: 01/19/2008)	Jan. 19, 2008	Jan. 19, 2008 PACER
55	Proposed Order re 48 MOTION for Summary Judgment DEFENDANT DOLLAR TREE STORES, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AS TO JOHN HANSEN; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF by Dollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 1/19/2008) (Entered: 01/19/2008)	Jan. 19, 2008	Jan. 19, 2008 PACER
56	TRANSCRIPT of Proceedings held on November 16, 2007 before Senior Judge Samuel Conti. Court Reporter: Belle Ball. (aaa, Court Staff) (Filed on 2/5/2008) (Entered: 02/06/2008)	Feb. 5, 2008	Feb. 5, 2008 PACER
57	MOTION Defendant's Administrative Motion to Establish Briefing Schedule Regarding Defendant's Motions for Summary Judgment; Declaration of Alex Hernaez in Support filed by Dollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 2/13/2008) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008 PACER
58	Proposed Order re 57 MOTION Defendant's Administrative Motion to Establish Briefing Schedule Regarding Defendant's Motions for Summary Judgment; Declaration of Alex Hernaez in Support [Proposed] Order Granting Defendant's Administrative Motions to Establish Briefing Schedule Re Defendant's Motions for Summary Judgment by Dollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 2/13/2008) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008 PACER
59	ORDER by Judge Samuel Conti granting 57 Motion Briefing Schedule (sclc2, COURT STAFF) (Filed on 2/15/2008) (Entered: 02/15/2008)	Feb. 15, 2008	Feb. 15, 2008 PACER
60	Declaration of John D. Hansen In Support of 61 Opposition to Motion For Summary Judgment filed byJohn D. Hansen. (Fietz, Jeremy) (Filed on 2/29/2008) Modified on 3/3/2008 (aaa, Court Staff). (Entered: 02/29/2008)	Feb. 29, 2008	Feb. 29, 2008 PACER
61	Memorandum in Opposition To 48 Motion For Summary Judgment filed byJohn D. Hansen. (Fietz, Jeremy) (Filed on 2/29/2008) Modified on 3/3/2008 (aaa, Court Staff). (Entered: 02/29/2008)	Feb. 29, 2008	Feb. 29, 2008 RECAP
62	Proposed Order Denying 48 Motion For Summary Judgment by John D. Hansen. (Fietz, Jeremy) (Filed on 2/29/2008) Modified on 3/3/2008 (aaa, Court Staff). (Entered: 02/29/2008)	Feb. 29, 2008	Feb. 29, 2008 PACER
63	Reply to Opposition re 48 MOTION for Summary Judgment DEFENDANT DOLLAR TREE STORES, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AS TO JOHN HANSEN; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF Dollar Tree Stores, Inc.'s Reply to Plaintiff John D. Hansen's Opposition to Motion for Summary Judgment filed byDollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 3/14/2008) (Entered: 03/14/2008)	March 14, 2008	March 14, 2008 PACER
64	OBJECTIONS to re 60 Declaration in Support Dollar Tree Stores, Inc.'s Objections to the Declaration of John D. Hansen by Dollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 3/14/2008) (Entered: 03/14/2008)	March 14, 2008	March 14, 2008 PACER
65	Declaration in Support of 63 Reply to Opposition, Declaration of David Boltz in Support of Dollar Tree Stores, Inc.'s Reply on Summary Judgment as to John Hansen (w/Exh A) filed byDollar Tree Stores, Inc.. (Related document(s) 63 ) (Hernaez, Alex) (Filed on 3/14/2008) (Entered: 03/14/2008)	March 14, 2008	March 14, 2008 PACER
66	* FILED IN ERROR. PLEASE REFER TO DOCUMENT 67 . * Declaration in Support of 63 Reply to Opposition, Declaration of Beth Hirsch Berman in Support of Dollar Tree Stores, Inc.'s Reply on Summary Judgment as to John D. Hansen filed byDollar Tree Stores, Inc.. (Related document(s) 63 ) (Hernaez, Alex) (Filed on 3/14/2008) Modified on 3/14/2008 (feriab, COURT STAFF). (Entered: 03/14/2008)	March 14, 2008	March 14, 2008 PACER
67	Declaration in Support of 63 Reply to Opposition, Supplemental Declaration of Beth Hirsch Berman in Support of Dollar Tree Stores, Inc.'s Reply on Summary Judgment as to John D. Hansen (w/Exh. A) filed byDollar Tree Stores, Inc.. (Related document(s) 63 ) (Hernaez, Alex) (Filed on 3/14/2008) (Entered: 03/14/2008)	March 14, 2008	March 14, 2008 RECAP
	Pre ENE phone conference scheduled on 4/14/2008 at 11:00 a.m. (cmf, COURT STAFF) (Filed on 4/2/2008)	April 2, 2008	April 2, 2008 PACER
68	ORDER REMOVING CASE FROM Early Neutral Evaluation. Signed by Judge Samuel Conti on 4/8/08. (tdm, COURT STAFF) (Filed on 4/8/2008) (Entered: 04/08/2008)	April 8, 2008	April 8, 2008 PACER
69	NOTICE of Change In Counsel by Maureen E. McClain NOTICE OF CHANGE IN COUNSEL (McClain, Maureen) (Filed on 4/8/2008) (Entered: 04/08/2008)	April 8, 2008	April 8, 2008 PACER
70	NOTICE of Change In Counsel by Maureen E. McClain (McClain, Maureen) (Filed on 7/2/2008) (Entered: 07/02/2008)	July 2, 2008	July 2, 2008 PACER
71	ORDER by Judge Samuel Conti denying (48) Motion for Summary Judgment in case 3:07-cv-02050-SC; denying (36) Motion for Summary Judgment in case 3:07-cv-04012-SC (sclc2, COURT STAFF) (Filed on 7/8/2008)	July 8, 2008	July 8, 2008 RECAP
	Status Conference set for 8/1/2008 10:00 AM. (tdm, COURT STAFF) (Filed on 7/9/2008)	July 9, 2008	July 9, 2008 PACER
72	CLERK'S NOTICE Case Management Conference set for 8/1/08 is continued to 12/5/2008 10:00 AM. (tdm, COURT STAFF) (Filed on 7/30/2008) (Entered: 07/30/2008)	July 30, 2008	July 30, 2008 PACER
73	ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Samuel Conti on 9/8/08. (tdm, COURT STAFF) (Filed on 9/8/2008) (Entered: 09/08/2008)	Sept. 8, 2008	Sept. 8, 2008 PACER
	CASE REFERRED to Magistrate Judge Joseph C. Spero for Discovery (cmw, COURT STAFF) (Filed on 9/8/2008)	Sept. 8, 2008	Sept. 8, 2008 PACER
74	Notice of Reference and ORDER Re Discovery Procedures Motion Hearing set for 10/10/2008 09:30 AM in Courtroom A, 15th Floor, San Francisco.. Signed by Judge Joseph C. Spero on 9/16/08. (fj, COURT STAFF) (Filed on 9/16/2008)	Sept. 16, 2008	Sept. 16, 2008 RECAP
75	Minute Entry: Motion Hearing held on 10/10/2008 before Magistrate Judge Joseph C. Spero (Date Filed: 10/10/2008). (Court Reporter Kathy Wyatt; 9:31-9:43) (ls, COURT STAFF) (Date Filed: 10/10/2008) (Entered: 10/10/2008)	Oct. 10, 2008	Oct. 10, 2008 PACER
76	ORDER GRANTING IN PART AND DENYING MOTION TO COMPEL RESPONSES TO PLAINTIFFS' SPECIAL INTERROGATORY NO. 1;re 74 Order Set Hearings. Signed by Hon. Joseph C. Spero on 10/10/2008. (ls, COURT STAFF) (Filed on 10/10/2008)	Oct. 10, 2008	Oct. 10, 2008 RECAP
77	Letter from Maureen McClain and Carrie Lin dated 10/10/08. (tdm, COURT STAFF) (Filed on 10/15/2008) (Entered: 10/15/2008)	Oct. 15, 2008	Oct. 15, 2008 PACER
78	ORDER REAFFIRMING CLERK'S NOTICE OF JULY 30, 2008 re (80 in 3:07-cv-04012-SC) Joint Letter. Signed by Judge Samuel Conti on 10/15/08. (tdm, COURT STAFF) (Filed on 10/15/2008)	Oct. 15, 2008	Oct. 15, 2008 RECAP
79	NOTICE of Change In Counsel by Matthew Roland Bainer (Bainer, Matthew) (Filed on 10/15/2008) (Entered: 10/15/2008)	Oct. 15, 2008	Oct. 15, 2008 PACER
80	NOTICE of Appearance by Matthew Roland Bainer (Bainer, Matthew) (Filed on 10/15/2008) (Entered: 10/15/2008)	Oct. 15, 2008	Oct. 15, 2008 PACER
81	ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 12/12/2008 10:00 AM. Show Cause Response due by 12/10/2008.. Signed by Judge Samuel Conti on 12/5/08. (tdm, COURT STAFF) (Filed on 12/5/2008)	Dec. 5, 2008	Dec. 5, 2008 RECAP
82	ORDER WITHDRAWING ORDER TO SHOW CAUSE. Signed by Judge Samuel Conti on 12/5/08. (sclc1, COURT STAFF) (Filed on 12/5/2008)	Dec. 5, 2008	Dec. 5, 2008 RECAP
83	ORDER by Judge Samuel Conti granting Ex Parte Application (sclc2, COURT STAFF) (Filed on 11/12/2008) (Entered: 11/12/2008) (tdm, COURT STAFF) (Filed on 12/5/2008)	Dec. 5, 2008	Dec. 5, 2008 RECAP
84	Minute Entry: Status Conference (Date Filed: 12/5/2008). (Court Reporter Jim Yeomans.) (tdm, COURT STAFF) (Date Filed: 12/5/2008) (Entered: 12/05/2008)	Dec. 5, 2008	Dec. 5, 2008 PACER
85	NOTICE of Substitution of Counsel by Maureen E. McClain (McClain, Maureen) (Filed on 1/2/2009) (Entered: 01/02/2009)	Jan. 2, 2009	Jan. 2, 2009 PACER
86	ORDER Granting Substitution of Counsel for Defendant Dollar Tree Stores (tdm, COURT STAFF) (Filed on 1/7/2009)	Jan. 7, 2009	Jan. 7, 2009 RECAP
87	NOTICE of Change of Address by Maureen E. McClain (McClain, Maureen) (Filed on 1/9/2009) (Entered: 01/09/2009)	Jan. 9, 2009	Jan. 9, 2009 PACER
88	NOTICE of Substitution of Counsel by Scott Edward Cole (Cole, Scott) (Filed on 1/26/2009) (Entered: 01/26/2009)	Jan. 26, 2009	Jan. 26, 2009 PACER
89	Letter from Krista S. Johnson re: Meet and Confer. (Johnson, Krista) (Filed on 2/20/2009) (Entered: 02/20/2009)	Feb. 20, 2009	Feb. 20, 2009 PACER
90	STIPULATION OF PARTIES REGARDING DISCOVERY HEARING by Dollar Tree Stores, Inc.. (Johnson, Krista) (Filed on 2/27/2009) (Entered: 02/27/2009)	Feb. 27, 2009	Feb. 27, 2009 PACER
91	STIPULATION AND ORDER OF PARTIES REGARDING DISCOVERY HEARING. Signed by Judge Joseph C. Spero on 03/02/09. (klh, COURT STAFF) (Filed on 3/2/2009)	March 2, 2009	March 2, 2009 RECAP
92	Declaration of KRISTA S. JOHNSON PURSUANT TO CIVIL LOCAL RULE 79-5 SUPPORTING THE CONFIDENTIALITY OF DOCUMENTS FILED UNDER SEAL WITH PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF CLASS ACTION; PROPOSED ORDER filed byDollar Tree Stores, Inc.. (Johnson, Krista) (Filed on 3/4/2009) (Entered: 03/04/2009)	March 4, 2009	March 4, 2009 PACER
93	ORDER denying administrative motion to file under seal materials in connection with Plaintiffs' motion for class certification (sclc2, COURT STAFF) (Filed on 3/9/2009)	March 9, 2009	March 9, 2009 RECAP

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Case Details

State / Territory: California

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Private Employment Class Actions

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: April 11, 2007

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who were employed by Dollar Tree Stores, Inc. as California retail store managers at any time on or after December 12, 2004, and on or before May 26, 2009, and who responded "no" at least once on Dollar Tree's weekly payroll certifications.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Dollar Tree Stores, Inc., Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action: