US District Court Forces City of San Diego to Produce Key Documents in Police Overtime Lawsuit and Allows Plaintiffs to Select Best Representative Sample to Proceed on Summary Judgment
IRVINE, Calif. May 25, 2007 - Jackson | DeMarco | Tidus | Peckenpaugh ("JDTPP") announced today that in the case of Abbe, et al. v. City of San Diego, the U.S. District Court for the Southern District of California issued two rulings, which followed hearings held on May 22, 2007 and May 23, 2007. On May 22, 2007, Magistrate Judge Ruben B. Brooks ordered the City of San Diego to produce all overtime slips, including slips of non-Plaintiffs, and non-sworn personnel or civilian employees by June 1, 2007 to the Plaintiffs. Additionally, the Magistrate Judge directed that both parties must provide all documents to be referenced in a deposition to their counterpart at least 36 hours in advance of the deposition.
On May 23, 2007, the presiding judge in the Abbe lawsuit, Judge Dana Sabraw, ruled on how the case should proceed on the Plaintiffs' 504 Motions for Summary Judgment. Both sides agreed that in the interest of timeliness, a representative sample should be used from the 504 motions. The Court ordered the Plaintiffs and the City to provide recommendations on the size of the sample and manner in which the Summary Judgment should be adjudicated. The Court ordered the attorneys for the Plaintiffs to select 110 officers, such that each job type and each department is equally represented. The Court ruled that the sample of 110 will be determined at the discretion of the Plaintiffs' counsel to best present the City's liability, over objections by the City. The hearing on the summary adjudication of the liability issues is set for September 14, 2007.
-->The Abbe lawsuit asserts that the San Diego Police Department required the Officers to work before and after their regular shifts and through "Code 7" meal periods for the benefit of the City of San Diego without compensation in violation of the Fair Labor Standards Act ("FLSA"). The required activities include performing pre- and post-shift responsibilities (including the donning and doffing of protective gear); preparing for court appearances; completing arrest and investigation reports; and various other required tasks.
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