Pichler v. Unite

Full title: ELIZABETH PICHLER, et al. v. UNITE (UNION OF NEEDLETRADES, INDUSTRIAL…

Court: United States District Court, E.D. Pennsylvania

Date published: Jun 2, 2005

Civil Action No. 04-2841 (E.D. Pa. Jun. 2, 2005)

Opinion

Civil Action No. 04-2841.

June 2, 2005

ORDER

STEWART DALZELL, District Judge

AND NOW, this 2nd day of June, 2005, after a status conference yesterday, at which plaintiffs' counsel withdrew his demand for a jury trial, it is hereby ORDERED that:

1. By noon on June 6, 2005, counsel for plaintiffs and for UNITE jointly shall REPORT BY FAX (215-580-1256) as to whether they have come to a mutually agreeable class definition;¹

1 If the parties cannot agree, they shall each submit proposed class definitions, explaining their rationales for their proposals. UNITE's agreement to a revised class definition, or its submission as to a proposed one, shall not prejudice its rights to appeal our May 31, 2005 certification decision.

2. By June 10, 2005,

(a) Counsel for UNITE shall either (i) REPORT BY FAX that it prefers certification of a (b)(3) class to certification of a (b)(1)(A) class; or (ii) FILE a motion for reconsideration of our Order of May 31, 2005 to the extent that it certified a (b)(3) class rather than a (b)(1)(A) class;

(b) Counsel for any of defendants may DEMAND a jury trial of the factual issues in this case by submitting a motion and a memorandum stating the legal basis for any alleged right to jury trial;²

2 If no party demands a jury trial by June 10, 2005, then all parties will be deemed to have waived whatever rights to a jury trial that they may have had.

(c) UNITE may FILE a motion for certification of our Order of May 31, 2005 pursuant to 28 U.S.C. § 1292(b);

3. If any defendant files any of the motions described in paragraph 2, plaintiffs shall RESPOND to any such motion(s) by June 17, 2005;

4. By July 11, 2005,

(a) Counsel for plaintiffs and for UNITE shall jointly REPORT BY FAX on the status of discovery related to the identification of the members of the class;

(b) Counsel for plaintiffs and for Raynor shall jointly REPORT BY FAX with (i) news that they have agreed to settle the claims against Raynor; (ii) a request for mediation before the Honorable Jacob P. Hart; or (iii) any other proposal(s) for how those claims could be resolved;

(c) Counsel for plaintiffs and for the Teamsters shall jointly REPORT BY FAX with (i) news that they have agreed to settle the claims against the Teamsters; (ii) a request for mediation before the Honorable Jacob P. Hart; or (iii) any other proposal(s) for how those claims could be resolved; and

5. By September 16, 2005, the parties shall COMPLETE all discovery necessary to identify the members of the class.