Edwards

ORDER RE: PLAINTIFFS’ MOTIONS FOR CLASS CERTIFICATION PURSUANT TO FED. R. CIV. P. 23 OR COLLECTIVE ACTION PURSUANT TO 29 U.S.C. § 216 (b)

Pending before the Court are Plaintiffs’ Motion for Certification of Collective Action Pursuant to 29 U.S.C. § 216 (b) (“ § 216(b) Motion”) and Plaintiffs’ Motion for Class Certification Pursuant to Federal Rule of Civil Procedure 23 (“Rule 23 Motion”). The Court took both motions under submission on December 4, 2006. Having considered the materials submitted by the parties and the case file, and for the reasons set forth below, it is hereby ORDERED that Plaintiffs’ § 216(b) Motion is GRANTED, and Plaintiffs’ Rule 23 Motion is DENIED.

I. FACTUAL AND PROCEDURAL BACKGROUND

Michael Kenneth Paul Edwards (“Plaintiff Edwards”) is a former employee of the City of Long Beach (“Defendant”). Plaintiff Edwards worked for Defendant as a police officer with the Long Beach Police Department (“Department”) from 1993 until July 2005. Plaintiff Edwards, on behalf of himself and the members of the two potential classes (collectively, “Plaintiffs”), allege that Defendant employs somewhere between 900 and 1000 officers who are represented by the Long Beach…