Peters
Peters v. Guaranteed Rate, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ROBERT PETERS, Case No. 23-cv-05602-VC
Plaintiff,
ORDER GRANTING IN PART
v. MOTION FOR CONDITIONAL
CERTIFICATION
GUARANTEED RATE, INC., et al., Re: Dkt. No. 61 Defendants.
The motion for conditional certification on behalf of the opt-in plaintiffs is granted in part. This order assumes the reader’s familiarity with the facts of the case, the legal standard, and the applicable law. Guaranteed Rate contends that this Court cannot rule on this motion because Coinbase, Inc. v. Bielski requires the imposition of a stay following Guaranteed Rate’s appeal of the order denying the motion to compel arbitration. 599 U.S. 736 (2023). But Coinbase was decided in the context of a class action, not an FLSA collective action, and the difference is critical. Unlike in a class action, where the named plaintiffs are representatives for the entire class, under the FLSA, “every plaintiff who opts in to a collective action has party status.” Campbell v. City of L.A., 903 F.3d 1090, 1104-1105 (9th Cir. 2018). While the FLSA permits plaintiffs to assert their claims collectively, each member…