Everardo Carrillo et al v. Schneider Logistics Inc et al

Filing 147

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court hereby GRANTS Plaintiffs' Ex Parte Application to Take Expedited Discovery and to Continue Hearing Date and Briefing Schedule Re Pending Motion for Preliminary Injunction 138 . Premi er is hereby ordered to produce James D. Pittman for deposition on January 11, 12, or 13, 2012. Schneider is ordered to produce a Rule 30(b)(6) designee for deposition on January 11, 12, or 13, 2012. Defendants are further ordered to produce the docu ments as requested in the Notices of Depositions attached as exhibits 7 and 8 to the Declaration of Theresa M. Traber. The hearing date on Plaintiffs' Motion for Preliminary Injunction 117 is continued to 1/30/2012 at 10:00 AM before Judge Christina A. Snyder. Plaintiffs shall have up to and including 1/20/2012 to file their reply brief. Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 11-8557 CAS (DTBx)

Title

EVERARDO CARRILLO; ET AL V. SCHNEIDER LOGISTICS, INC.;
ET AL.

Present: The Honorable

Date

January 9, 2012

CHRISTINA A. SNYDER

CATHERINE JEANG
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

I.

(In Chambers:) PLAINTIFFS’ EX PARTE APPLICATION
TO TAKE EXPEDITED DISCOVERY AND TO CONTINUE
HEARING DATE AND BRIEFING SCHEDULE RE
PENDING MOTION FOR PRELIMINARY INJUNCTION
(filed January 5, 2012)

INTRODUCTION AND BACKGROUND

On December 22, 2011, plaintiffs Everardo Carrillo, et al. filed a motion for
preliminary injunction to restrain defendants Schneider Logistics, Inc. and Schneider
Logistics and Transloading and Distribution, Inc (collectively “Schneider”) and Premier
Warehouse Ventures and Rogers-Premier Unloading Services (collectively “Premier”)
from proceeding with an allegedly retaliatory mass termination scheduled to be
implemented on February 24, 2012. Schneider and Premier each filed untimely
oppositions to plaintiffs’ motion on January 3, 2012.
On January 5, 2012, plaintiffs filed the instant application to take expedited
discovery,1 to continue the hearing date from January 23, 2012, to January 30, 2012, and

1

Plaintiffs seek to take the deposition of James D. Pittman, who submitted a
declaration in support of Premiers’ opposition to plaintiffs’ motion for preliminary
injunction asserting that he was the Premier management official who, inter alia, signed
the labor services contract with Schneider, participated in the decision to cancel the
contract, wrote the cancellation letter to Schneider, and gave notice to plaintiffs
informing them of the termination date of February 24, 2012. From Schneider, plaintiffs
(continued...)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 11-8557 CAS (DTBx)

Date

January 9, 2012

Title

EVERARDO CARRILLO; ET AL V. SCHNEIDER LOGISTICS, INC.;
ET AL.

to allow plaintiffs additional time to submit their reply brief. Premier opposed plaintiffs’
ex parte application on January 6, 2012. Schneider filed a separate opposition on January
9, 2012.
II.

DISCUSSION

The Court finds plaintiffs have established good cause for the requested relief. In
this regard, the Court finds significant that plaintiffs were not aware of the factual and
legal grounds upon which defendants opposed plaintiffs’ motion for preliminary
injunction until defendants filed oppositions.2 Further, the Court notes that plaintiffs’
requested discovery is narrowly focused on issues raised in defendants’ oppositions. The
Court also finds it appropriate to continue the hearing date for plaintiffs’ motion for
preliminary injunction from January 23, 2012 to January 30, 2012,3 and to allow
plaintiffs an additional week to file their reply.
In accordance with the foregoing, the Court hereby GRANTS plaintiffs’ ex parte
application to take expedited discovery and to continue the hearing date and briefing
schedule regarding plaintiffs’ pending motion for preliminary injunction. Premier is
1

(...continued)

seek to take the deposition of a corporate designee pursuant to Rule 30(b)(6) on subjects
relating to the negotiation and termination of the labor services contract between
Schneider and Premier, Schneider’s supervision and control over the Schneider-Premier
workforce, and Schneider’s decision to replace all currently employed Schneider-Premier
class members with new employees. Plaintiffs also seek the production of documents
related to the allegedly retaliatory termination.
2

Defendants contend that plaintiffs ex parte application should be denied because
plaintiffs failed to meet and confer with defendants prior to filing their motion for
preliminary injunction in violation of Local Rule 7-3. The Court does not believe
plaintiffs’ application should be denied on this basis, but admonishes all parties to
comply with all local rules.
3

In this regard, the Court notes also that the parties are scheduled to appear on
January 30, 2012, for a scheduling conference as well as for a hearing on plaintiffs’
motion for an order approving Hoffman-Laroche notice.
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 11-8557 CAS (DTBx)

Date

January 9, 2012

Title

EVERARDO CARRILLO; ET AL V. SCHNEIDER LOGISTICS, INC.;
ET AL.

hereby ordered to produce James D. Pittman for deposition on January 11, 12, or 13,
2012. Schneider is ordered to produce a Rule 30(b)(6) designee for deposition on
January 11, 12, or 13, 2012. Defendants are further ordered to produce the documents as
requested in the Notices of Depositions attached as exhibits 7 and 8 to the Declaration of
Theresa M. Traber. The hearing date on plaintiffs’ motion for preliminary injunction is
continued to January 30, 2012 at 10:00 A.M. Plaintiffs shall have up to and including
January 20, 2012 to file their reply brief.
IT IS SO ORDERED.

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Initials of Preparer

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CMJ

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