Schneider

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARTIN SCHNEIDER, et al., Case No. 16-cv-02200-HSG

Plaintiffs, ORDER DIRECTING

SUPPLEMENTAL BRIEFING

v. Re: Dkt. No. 205 CHIPOTLE MEXICAN GRILL, INC., Defendant.

12 Pending before the Court is Plaintiffs’ unopposed motion for preliminary approval of class action settlement. Dkt. No. 205. The Court directs Plaintiffs to submit supplemental briefing by January 20, 2020 on two issues described below. First, Plaintiffs assert that they are seeking certification of the settlement class under Rule 23(b)(2) and Rule 23(b)(c). Dkt. No. 205 at 8. However, the Settlement Agreement only contemplates certification under Rule 23(b)(3). Dkt. No. 205-2 (“SA”) § III.A. Nor does the Settlement Agreement provide for injunctive or declaratory relief. See Fed. R. Civ. P. 23(b)(2). Accordingly, the Court directs Plaintiffs to clarify the basis under which they are seeking certification. Second, in light of the Ninth Circuit’s recent decision in…