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

Clearinghouse coding complete

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 On July 8, 2008, in an unpublished order, the court found that triable issues of fact remain as to whether the plaintiffs' employment positions with Dollar Tree are exempt under both the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.

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

Documents in the Clearinghouse

Documents in this case

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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Docket

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

Last updated Aug. 20, 2026, 7:18 a.m.

Docket for: Cruz v. Dollar Tree Stores, Inc.

ECF Number	Date	Description	Link
1	April 11, 2007	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)	RECAP
2	April 11, 2007	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)	RECAP
	April 11, 2007	CASE DESIGNATED for Electronic Filing. (ga, COURT STAFF) (Filed on 4/11/2007)
3	May 3, 2007	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)	RECAP
4	May 8, 2007	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)	RECAP
5	May 9, 2007	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)	RECAP
6	May 9, 2007	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (wh, COURT STAFF) (Filed on 5/9/2007) (Entered: 05/09/2007)	RECAP
7	May 10, 2007	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)	RECAP
8	May 11, 2007	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)	RECAP
11	May 11, 2007	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)	RECAP
9	May 14, 2007	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)	RECAP
10	May 14, 2007	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)	RECAP
	May 15, 2007	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)
12	May 17, 2007	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)	RECAP
13	May 17, 2007	ORDER by Judge Samuel Conti 11 Motion for Pro Hac Vice (tdm, COURT STAFF) (Filed on 5/17/2007) (Entered: 05/17/2007)	RECAP
14	May 22, 2007	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)	RECAP
15	May 22, 2007	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)	RECAP
16	June 8, 2007	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)	RECAP
17	June 8, 2007	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)	RECAP
	June 8, 2007	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)
18	June 15, 2007	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)	RECAP
19	June 29, 2007	ORDER by Judge Samuel Conti granting 5 Motion to Dismiss Fraud Claim without prejudice (sclc2, COURT STAFF) (Filed on 6/29/2007)	RECAP
20	July 19, 2007	*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)	RECAP
21	July 26, 2007	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)	RECAP
22	July 26, 2007	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)	RECAP
23	July 27, 2007	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)	RECAP
24	July 30, 2007	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)	RECAP
25	Aug. 9, 2007	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)	RECAP
26	Aug. 9, 2007	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)	RECAP
27	Aug. 9, 2007	Certificate of Interested Entities by Jeremy R. Fietz (Fietz, Jeremy) (Filed on 8/9/2007) (Entered: 08/09/2007)	RECAP
28	Aug. 10, 2007	JOINT CASE MANAGEMENT STATEMENT filed by Miguel A. Cruz, John D. Hansen. (Fietz, Jeremy) (Filed on 8/10/2007) (Entered: 08/10/2007)	RECAP
29	Aug. 15, 2007	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)	RECAP
30	Aug. 15, 2007	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)	RECAP
31	Aug. 15, 2007	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)	RECAP
32	Aug. 16, 2007	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)	RECAP
33	Aug. 21, 2007	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)	RECAP
34	Aug. 31, 2007	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)	RECAP
35	Aug. 31, 2007	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)	RECAP
36	Sept. 7, 2007	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)	RECAP
37	Sept. 12, 2007	ADR Clerk's Notice Appointing Sandra R. McCandless as ENE Evaluator. (cmf, COURT STAFF) (Filed on 9/12/2007) (Entered: 09/12/2007)	RECAP
38	Sept. 18, 2007	ORDER by Judge Samuel Conti granting 25 Motion to Dismiss (sclc2, COURT STAFF) (Filed on 9/18/2007)	RECAP
39	Oct. 2, 2007	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)	RECAP
40	Oct. 19, 2007	STIPULATION AND [PROPOSED] PROTECTIVE ORDER by Dollar Tree Stores, Inc.. (McClain, Maureen) (Filed on 10/19/2007) (Entered: 10/19/2007)	RECAP
41	Oct. 24, 2007	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)	RECAP
42	Nov. 9, 2007	JOINT CASE MANAGEMENT STATEMENT filed by Dollar Tree Stores, Inc.. (McClain, Maureen) (Filed on 11/9/2007) (Entered: 11/09/2007)	RECAP
43	Nov. 16, 2007	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)	RECAP
44	Nov. 16, 2007	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)	RECAP
45	Nov. 20, 2007	STIPULATION ANDN ORDER OF CONSOLIDATION. Signed by Judge Samuel Conti on 11/20/07. (tdm, COURT STAFF) (Filed on 11/20/2007)	RECAP
	Nov. 20, 2007	Pre ENE phone conference scheduled on 11/26/2007 at 3:00 p.m. (cmf, COURT STAFF) (Filed on 11/20/2007)
46	Nov. 21, 2007	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)	RECAP
47	Nov. 27, 2007	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)	RECAP
48	Jan. 19, 2008	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)	RECAP
49	Jan. 19, 2008	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)	RECAP
50	Jan. 19, 2008	Declaration OF CHARLOTTA JACOBSON-ALLEN filed byDollar Tree Stores, Inc.. (Hernaez, Alex) (Filed on 1/19/2008) (Entered: 01/19/2008)	RECAP
51	Jan. 19, 2008	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)	RECAP
52	Jan. 19, 2008	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)	RECAP
53	Jan. 19, 2008	* 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)	RECAP
54	Jan. 19, 2008	* 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)	RECAP
55	Jan. 19, 2008	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)	RECAP
56	Feb. 5, 2008	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)	RECAP
57	Feb. 13, 2008	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)	RECAP
58	Feb. 13, 2008	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)	RECAP
59	Feb. 15, 2008	ORDER by Judge Samuel Conti granting 57 Motion Briefing Schedule (sclc2, COURT STAFF) (Filed on 2/15/2008) (Entered: 02/15/2008)	RECAP
60	Feb. 29, 2008	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)	RECAP
61	Feb. 29, 2008	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)	RECAP
62	Feb. 29, 2008	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)	RECAP
63	March 14, 2008	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)	RECAP
64	March 14, 2008	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)	RECAP
65	March 14, 2008	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)	RECAP
66	March 14, 2008	* 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)	RECAP
67	March 14, 2008	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)	RECAP
	April 2, 2008	Pre ENE phone conference scheduled on 4/14/2008 at 11:00 a.m. (cmf, COURT STAFF) (Filed on 4/2/2008)
68	April 8, 2008	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)	RECAP
69	April 8, 2008	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)	RECAP
70	July 2, 2008	NOTICE of Change In Counsel by Maureen E. McClain (McClain, Maureen) (Filed on 7/2/2008) (Entered: 07/02/2008)	RECAP
71	July 8, 2008	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)	RECAP
	July 9, 2008	Status Conference set for 8/1/2008 10:00 AM. (tdm, COURT STAFF) (Filed on 7/9/2008)
72	July 30, 2008	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)	RECAP
73	Sept. 8, 2008	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)	RECAP
	Sept. 8, 2008	CASE REFERRED to Magistrate Judge Joseph C. Spero for Discovery (cmw, COURT STAFF) (Filed on 9/8/2008)
74	Sept. 16, 2008	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)	RECAP
75	Oct. 10, 2008	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)	RECAP
76	Oct. 10, 2008	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)	RECAP
77	Oct. 15, 2008	Letter from Maureen McClain and Carrie Lin dated 10/10/08. (tdm, COURT STAFF) (Filed on 10/15/2008) (Entered: 10/15/2008)	RECAP
78	Oct. 15, 2008	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)	RECAP
79	Oct. 15, 2008	NOTICE of Change In Counsel by Matthew Roland Bainer (Bainer, Matthew) (Filed on 10/15/2008) (Entered: 10/15/2008)	RECAP
80	Oct. 15, 2008	NOTICE of Appearance by Matthew Roland Bainer (Bainer, Matthew) (Filed on 10/15/2008) (Entered: 10/15/2008)	RECAP
81	Dec. 5, 2008	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)	RECAP
82	Dec. 5, 2008	ORDER WITHDRAWING ORDER TO SHOW CAUSE. Signed by Judge Samuel Conti on 12/5/08. (sclc1, COURT STAFF) (Filed on 12/5/2008)	RECAP
83	Dec. 5, 2008	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)	RECAP
84	Dec. 5, 2008	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)	RECAP
85	Jan. 2, 2009	NOTICE of Substitution of Counsel by Maureen E. McClain (McClain, Maureen) (Filed on 1/2/2009) (Entered: 01/02/2009)	RECAP
86	Jan. 7, 2009	ORDER Granting Substitution of Counsel for Defendant Dollar Tree Stores (tdm, COURT STAFF) (Filed on 1/7/2009)	RECAP
87	Jan. 9, 2009	NOTICE of Change of Address by Maureen E. McClain (McClain, Maureen) (Filed on 1/9/2009) (Entered: 01/09/2009)	RECAP
88	Jan. 26, 2009	NOTICE of Substitution of Counsel by Scott Edward Cole (Cole, Scott) (Filed on 1/26/2009) (Entered: 01/26/2009)	RECAP
89	Feb. 20, 2009	Letter from Krista S. Johnson re: Meet and Confer. (Johnson, Krista) (Filed on 2/20/2009) (Entered: 02/20/2009)	RECAP
90	Feb. 27, 2009	STIPULATION OF PARTIES REGARDING DISCOVERY HEARING by Dollar Tree Stores, Inc.. (Johnson, Krista) (Filed on 2/27/2009) (Entered: 02/27/2009)	RECAP
91	March 2, 2009	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)	RECAP
92	March 4, 2009	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)	RECAP
93	March 9, 2009	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)	RECAP

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Case Details

State / Territory:

California

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Post-WalMart decisions on class certification

Private Employment Class Actions

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

Private Entity/Person

Dollar Tree Stores, Inc.

Defendant Type(s):

Retailer

Case Details