Aston et al v. United Parcel Service, Inc.

Northern District of California, cand-4:2015-cv-02497

ORDER GRANTING {{48}} STIPULATION to Continue: Deadline re Class Certification Discovery, Further Case Management Conference, and Hearing on Plaintiffs' Motion for Class Certification. Joint Case Management Statement due by 11/25/2016. Further Case Management Conference set for 12/2/2016 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Class Certification Motion Hearing set for 12/2/2016 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on 7/20/16. Modified on 7/20/2016

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1 Graham S.P. Hollis (SBN 120577) ghollis@grahamhollis.com 2 Marta Manus (SBN 260132) mmanus@grahamhollis.com 3 Geoff D. La Val (SBN 279987) glaval@grahamhollis.com 4 GRAHAMHOLLIS APC 3555 Fifth Avenue 5 San Diego, California 92103 Telephone: 619.692.0800 6 Facsimile: 619.692.0822 7 Attorneys for Plaintiffs 8 E. Jeffrey Grube (SBN 167324) 9 jeffgrube@gbgllp.com Elizabeth A. Brown (SBN 235429) 10 lisabrown@gbgllp.com Katherine Huibonhoa (SBN 207648) 11 katherinehuibonhoa@gbgllp.com GRUBE BROWN & GEIDT LLP 12 601 Montgomery Street, Suite 1150 San Francisco, CA 94111 13 Tel.: 415.603.5000 Fax.: 415.840.7210 14 Attorneys for Defendants 15 [Additional counsel listed on next page] 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 18 JUSTIN ASTON, STEVEN DE BORBA, and CASE NO. 4:15-cv-02497-JSW 19 FREDRICK RODRIGUEZ, individually and on CLASS ACTION behalf of all similarly-situated current and 20 Judge: Hon. Jeffrey S. White former employees of UNITED PARCEL Courtroom: 5 21 SERVICE, INC. and UPS GROUND FREIGHT, INC. JOINT STIPULATION AND [PROPOSED] 22 ORDER TO CONTINUE: DEADLINE Plaintiffs, REGARDING CLASS CERTIFICATION 23 v. DISCOVERY, FUTHER CASE MANAGEMENT CONFERENCE, AND 24 HEARING ON PLAINTIFFS' MOTION UNITED PARCEL SERVICE, INC. and UPS FOR CLASS CERTIFICATION 25 GROUND FREIGHT, INC., Action Removed: June 4, 2015 26 Defendants. Trial Date: None Set 27 /// 28 /// 1 Aston et al. v. United Parcel Service, Inc., et al,. Case No. 4:15-cv-02497 (JSW) JOINT STIPULATION AND [PROPOSED] ORDER TO CON'T CLASS CERTIFICATION DISCOVERY DEADLINE, CMC, & HEARING ON MOTION FOR CLASS CERTIFICATION 1 TO THE COURT: 2 By and through their respective counsel of record, Plaintiffs Steven E. De Borba and 3 Fredrick Rodriguez ("Plaintiffs") and Defendants United Parcel Service, Inc. and UPS Ground 4 Freight, Inc. ("Defendants") (collectively "the parties") hereby submit this Stipulation and 5 [Proposed] Order To Continue: Deadline Regarding Class Certification Discover, Further Case 6 Management Conference, and Hearing On Plaintiffs' Motion For Class Certification. 7 By and through their respective attorneys of record, the parties stipulate and agree as 8 follows: 9 WHEREAS, on September 11, 2015, the Court scheduled a Further Case Management 10 Conference and Hearing on Motion for Class Certification, respectively at 9:00 a.m. and 11:00 11 a.m.; 12 WHEREAS, on March 11, 2016, the parties held a first mediation with experienced 13 mediator, David Rotman, and at the close of the session, determined a second mediation was 14 necessary to attempt to settle the claims; 15 WHEREAS, on March 28, 2016, the Court continued the hearing on Plaintiffs' Motion for 16 Class Certification to September 23, 2016 at 9:00 a.m.; 17 WHEREAS, consistent with continuance of the hearing on Plaintiffs' Motion for Class 18 Certification, the parties requested additional time to conduct discovery related to class 19 certification; 20 WHEREAS, on May 23, 2016 the Court continued the parties' discovery deadline related 21 to class certification(s) to August 19, 2016; 22 WHEREAS, Defendants are still in the process of gathering and organizing the documents 23 to be provided to Plaintiffs prior to the mediation in order for Plaintiffs to prepare a thorough 24 analysis of the claims on behalf of the putative class members and prepare Plaintiffs' class-wide 25 damages analysis so that the parties may engage in a meaningfully and productive mediation; 26 /// 27 /// 28 /// 3 Aston et al. v. United Parcel Service, Inc., et al,. Case No. 4:15-cv-02497 (JSW) JOINT STIPULATION AND [PROPOSED] ORDER RE CLASS CERTIFICATION DISCOVERY 1 WHEREAS, the parties have met and conferred and rescheduled the mediation in this 2 matter for the first available date for mediator David Rotman and the parties, which is now 3 currently scheduled for is September 21, 2016; 4 WHEREAS, the outcome of the second mediation will determine whether Plaintiffs will 5 file their Motion for Class Certification(s); 6 WHEREAS, the parties therefore request the discovery deadline related to class 7 certification(s) is continued approximately 30 days from the date of mediation, or as soon 8 thereafter as is convenient to the Court; 9 WHEREAS, consistent with the Court's Order of September 11, 2015, where the Further 10 Case Management Conference and Hearing on Motion for Class Certification were scheduled to 11 be held on the same day, the parties request that the Further Case Management Conference and 12 Plaintiffs' Hearing on Motion for Class Certification be continued to December 2, 2016, 13 sequentially at 9:00 a.m. and 11:00 a.m. 14 THEREFORE, the undersigned Parties jointly request through this stipulation that the 15 Court enter an order continuing the Further Case Management Conference to December 2, 2016 16 at 9:00 a.m. or as soon thereafter as is convenient to the Court to permit the parties to engage in 17 mediation. 18 THEREFORE, the parties propose that discovery deadline related to class certification 19 motion(s) be completed by October 21, 2016. 20 THEREFORE, the Parties respectfully request that the Court continue the hearing on 21 Plaintiffs' Motion for Class Certification to December 2, 2016 at 11:00 a.m., or as soon thereafter 22 as convenient for the Court, to allow the Parties time to complete pre-class certification discovery 23 and preparation of the motion fully and thoroughly, in the event that the Parties are unable to 24 reach a settlement at the mediation on September 21, 2016. 25 /// 26 /// 27 /// 28 /// 4 Aston et al. v. United Parcel Service, Inc., et al,. Case No. 4:15-cv-02497 (JSW) JOINT STIPULATION AND [PROPOSED] ORDER RE CLASS CERTIFICATION DISCOVERY 1 DATED: 7/18/16 GRAHAMHOLLIS APC 2 3 By: /s/ Marta Manus Attorney for Plaintiffs 4 E-mail: mmanus@grahamhollis.com DATED: 7/18/16 5 GRUBE BROWN & GEIDT LLP 6 By: _/s/ Amanda Bolliger Crespo______ 7 Attorney for Defendants E-mail: amandacrespo@gbgllp.com 8 9 On July 18, 2016 counsel for Defendants, Amanda Bolliger Crespo provided authorization 10 to affix her electronic signature to this document. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Aston et al. v. United Parcel Service, Inc., et al,. Case No. 4:15-cv-02497 (JSW) JOINT STIPULATION AND [PROPOSED] ORDER RE CLASS CERTIFICATION DISCOVERY 1 [PROPOSED] ORDER 2 IT IS SO ORDERED THAT THE STIPULATION IS APPROVED. 3 The Court, having reviewed the foregoing Stipulation and good cause appearing therefore, 4 orders as follows: 5 1. The Further Case Management Conference scheduled for August 19, 2016 is 6 continued to: 7 December 2, 2016 at 11:00 a.m. __________________________________________________________________. 8 2. The Court hereby orders that pursuant to the stipulation of the parties, discovery 9 related to class certification motion(s) shall be completed by October 21, 2016. 10 11 3. The hearing on Plaintiffs' Motion for Class Certification currently scheduled for 12 December 2, 2016 at 9:00 a.m. September 23, 2016 is continued to _____________________________________. 13 The filing deadlines will be pursuant to code. 14 IT IS SO ORDERED. 15 July 20, 2016 Dated: 16 Hon. Jeffrey S. White 17 Judge of the United States District Court 18 19 20 21 22 23 24 25 26 27 28 1 Aston et al. v. United Parcel Service, Inc., et al,. Case No. 4:15-cv-02497 (JSW) JOINT STIPULATION AND [PROPOSED] ORDER RE CLASS CERTIFICATION DISCOVERY