Singer et al v. Wells Fargo Bank, N.A.

Western District of Texas, txwd-5:2019-cv-00679

Joint MOTION to Stay Case, Reschedule the Initial Pretrial Conference and Stipulation Regarding Tolling of the Statute of Limitations Pursuant to 29 U.S.C. §216(b) by Paul Singer, Shameika Dixon, and Wells Fargo Bank, N.A.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION PAUL SINGER and § Civil Action No. 5:19-CV-00679-JKP-ESC SHAMEIKA DIXON, § Individually and on behalf § of all others similarly situated § JURY TRIAL DEMANDED § Plaintiffs, § § COLLECTIVE ACTION v. § PURSUANT TO 29 U.S.C. § 216(b) § WELLS FARGO BANK, N.A. § § CLASS ACTION PURSUANT Defendant. § TO FED. R. CIV. P. 23(b)(3) JOINT MOTION TO STAY THE CASE, RESCHEDULE THE INITIAL PRETRIAL CONFERENCE AND STIPULATION REGARDING TOLLING OF THE STATUTE OF LIMITATIONS PURSUANT TO 29 U.S.C. § 216(b) Plaintiffs Paul Singer and Shameika Dixon and Defendant Wells Fargo Bank, N.A. (collectively, "the Parties"), jointly move this Court to stay the case, reschedule the Initial Pretrial Conference currently scheduled for October 30, 2019 at 1:00 p.m. (ECF No. 39), and the statute of limitations be tolled for Plaintiffs and all persons who become members of any putative class in this action from October 30, 2019 until January 30, 2020. 1. Counsel for the Parties have scheduled a mediation for January 22, 2020 in San Francisco, California with experienced wage and hour mediator, David Rotman. 2. The Parties have conferred and respectfully request that the Initial Pretrial Conference currently set for October 30, 2019, be reset until after January 30, 2020, at the Court's convenience. 3. The Parties further stipulate that the statute of limitations for all future opt-ins is tolled from October 30, 2019 until January 30, 2020. The Parties agree that this tolling period is the same length as the stay and is contingent on the stay remaining in place until January 30, 2020. If the stay is terminated early, the Parties agree that the tolling period ends on the date on which the stay ends. This 43163140.1 Joint Motion for Stay and Tolling Agreement Page 1 tolling agreement extends only to the future opt-ins' potential claims under the FLSA in this lawsuit; it does not extend to any FLSA claims or other claims that the future opt-ins may assert in any other current or future lawsuit against Wells Fargo. 4. No prejudice will result to either Party by granting this request, nor will any putative class member be prejudiced, as the Parties stipulate to tolling of the statute of limitations as is set forth above. 5. The Parties attest this motion is not made for the purpose of the delay. WHEREFORE, the Parties respectfully request this Court grant the requested stay of this matter and reschedule the Initial Pretrial Conference set for October 30, 2019 until after the scheduled mediation at the Court's convenience, so that the Parties can pursue a potential resolution to this matter, to begin upon the entry of the Order granting the stay. 43163140.1 Joint Motion for Stay and Tolling Agreement Page 2 Dated this 28th day of October, 2019. Respectfully submitted, /s/ Clif Alexander /s/ Mark A. McNitzky Clif Alexander Mark A. McNitzky State Bar No. 24064805 State Bar No. 24065730 clif@a2xlaw.com mark.mcnitzky@ogletreedeakins.com Lauren E. Braddy OGLETREE, DEAKINS, NASH, SMOAK & Texas Bar No. 24071993 STEWART, P.C. lauren@a2xlaw.com 2700 Weston Centre Alan Clifton Gordon 112 East Pecan Street Texas Bar No. 00793838 San Antonio, TX 78205 cgordon@a2xlaw.com Telephone: 210.354.1300 Carter T. Hastings Facsimile: 210.277.2702 Texas Bar No. 24101879 carter@a2xlaw.com /s/ Martin D. Bern ANDERSON ALEXANDER, PLLC Martin D. Bern, #153203CA 819 N. Upper Broadway (Admitted pro hac vice) Corpus Christi, Texas 78401 Malcolm A. Heinicke, #194174CA Telephone: (361) 452-1279 (Admitted pro hac vice) Facsimile: (361) 452-1284 560 Mission Street, 27th Floor San Francisco, California 94105 ATTORNEYS FOR PLAINTIFFS Telephone: (415) 512-4000 Facsimile: (415) 512-4077 Email: malcolm.heinicke@mto.com Email: mari.overbeck@mto.com ATTORNEYS FOR DEFENDANT WELLS FARGO BANK, N.A. 43163140.1 Joint Motion for Stay and Tolling Agreement Page 3 CERTIFICATE OF CONFERENCE I certify that counsel for Plaintiffs and Defendant have conferred about the substance of this Motion and agree to the relief sought herein. /s/ Clif Alexander Clif Alexander CERTIFICATE OF SERVICE I hereby certify that on October 28, 2019, I electronically filed the foregoing document with the clerk of the court for the U.S. District Court, Western District of Texas, using the electronic case filing system of the court. The electronic case filing system sent a "Notice of Electronic Filing" to the attorneys of record who have consented in writing to accept this Notice as service of this document by electronic means. /s/ Clif Alexander Clif Alexander 43163140.1 Joint Motion for Stay and Tolling Agreement Page 4