Shook et al v. Indian River Transport Co.

Filing 49

ORDER signed by Senior Judge William B. Shubb on 1/3/2017 GRANTING 47 Defendant's suggestions to modify the 45 Pretrial Order. (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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TODD SHOOK, HERSCHEL
BERRINGER on behalf of
himself and others similarly
situated, and on behalf of
all other “aggrieved”
employees,

CIV. NO. 1:14-1415 WBS BAM
ORDER

Plaintiffs,

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v.
INDIAN RIVER TRANSPORT CO., a
Florida Corporation, and DOES
1-10, inclusive,
Defendants.

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----oo0oo---Before the court are defendant’s Suggested
Modifications to December 7, 2016 Final Pretrial Order filed
December 14, 2016.

(Docket No. 47).

On December 19, 2016, the

court ordered that plaintiffs file any response or opposition to
the proposed modifications within seven days.

(Docket No. 48.)

The December 19, 2016 order also explained that if plaintiffs

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filed no response or opposition, the court would grant

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defendant’s request and modify the final pretrial order

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accordingly.

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proposed modifications.

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follows:

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1.

Plaintiffs filed no response to defendant’s
Accordingly, the court hereby ORDERS as

Exhibit B of the Pretrial Order is amended to

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include additional California resident drivers who performed work

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for defendant out of its Turlock, California facility and who

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received Safe Harbor payments from defendant.

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2.

Exhibit B of the Pretrial Order is also amended

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to note that Mark Gressett, Safety Director for defendant, will

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provide testimony regarding when and how these payments were made

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and to whom.

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3.

Exhibit D of the Pretrial Order is amended to

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allow defendant to present evidence with respect to defendant’s

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Safe Harbor payments, including (1) each letter mailed by

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defendant to each driver regarding the payment he or she received

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and (2) copies of the checks provided to each driver evidencing

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the Safe Harbor payments.

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4.

Exhibit D of the Pretrial Order is also amended to

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include a copy of the recording of defendant’s notice to elect

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the Safe Harbor, as recorded by the California Department of

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Industrial Relations and as available on its website.

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5.

Exhibit B of the Pretrial Order is also amended to

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include Shannon Ross, Terminal Manager for defendant, as an

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additional witness.

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how much time California resident drivers spend outside of

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California.

Mr. Ross will provide testimony regarding

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6.

The parties may submit supplemental or amended

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trial briefs if Congress amends the Federal Aviation

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Administration Authorization Act after the parties submit their

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opening trial briefs.

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IT IS SO ORDERED.
Dated:

January 3, 2017

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