Shill v. United Parcel Service, Inc.

Filing 22

ORDER granting 21 STIPULATION FOR EXTENSION OF PAGE LIMITATIONS signed by Judge Morrison C. England, Jr on 5/12/10. (Kaminski, H)

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JENNIFER S. BALDOCCHI (SB# 168945) [e-mail] PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street Twenty-Fifth Floor Los Angeles, CA 90071-2228 Telephone: [phone] Facsimile: [phone] RYAN C. HESS (SB# 263079) [e-mail] PAUL, HASTINGS, JANOFSKY & WALKER LLP 55 Second Street Twenty-Fourth Floor San Francisco, CA 94105-3441 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant UNITED PARCEL SERVICE, INC. MARK C. PETERS (SB#160611) DUCKWORTH · PETERS · LEBOWITZ LLP 235 Montgomery Street, Suite 1010 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] [e-mail] JOHN A. FURUTANI (SB# 161757) FURUTANI & PETERS LLP 350 West Colorado Boulevard, Suite 200 Pasadena, California 91105 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff OREN SHILL UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA OREN SHILL, Plaintiff, vs. UNITED PARCEL SERVICE, INC., Defendant. Case No. 08-CV-2918 MCE (DAD) STIPULATION FOR EXTENSION OF PAGE LIMITATIONS GOVERNING DISPOSITIVE MOTION PAPERS AND ORDER THEREON Courtroom: Judge: 7, 14th Floor Hon. Morrison C. England, Jr.

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TO THE HONORABLE MORRISON C. ENGLAND: Pursuant to Section VI of the Court's April 20, 2009, Pretrial Scheduling Order, and upon a showing of good cause, Defendant United Parcel Service, Inc. ("UPS") and Plaintiff Oren Shill ("Plaintiff") hereby request that the page limitation for dispositive motion moving papers be extended from 20 pages to 25 pages; that the page limitation for oppositions to dispositive motions be extended from 20 pages to 25 pages; and that the page limitation for replies to dispositive motions be extended from 10 pages to 15 pages. The parties make this request for the following reasons, which constitute good cause: 1. This case involves the classification of Plaintiff Oren Shill as exempt from

California's wage and hour laws as a Fulltime Supervisor employed by UPS. Plaintiff asserts several causes of action stemming from his alleged misclassification, including failure to pay overtime, failure to provide meal and rest periods, failure to provide properly itemized wage statements, waiting time penalties, conversion, and unfair competition. In addition, Plaintiff seeks various other penalties and punitive damages.

2.

UPS asserts several defenses to Plaintiff's misclassifications claim,

including, without limitation, the application of the executive, administrative, and Motor Carrier Act exemptions. UPS intends to move for summary judgment on the applicability of each exemption. Each exemption has several elements. For example, the executive exemption applies to supervisors who (a) customarily and regularly exercise discretion and independent judgment, (b) have the authority to hire or fire another employee, or have their recommendations/suggestions as to hiring, firing, or other changes in status be accorded particular weight, (c) are primarily engaged in exempt job duties, (d) manage a customarily recognized subdivision of the employer's enterprise, (e) customarily and regularly direct the work of at least two other employees, and (f) earn at least two times the California minimum wage. IWC Wage Order 9-2001 § 1 (A) (1). The administrative exemption applies to employees who:

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(a) perform office or non-manual work directly related to the management policies or general business operations of UPS; (b) customarily and regularly exercise discretion and independent judgment; (c) execute special assignments and tasks under only general supervision or regularly and directly assist an employee in a bona fide executive or administrative capacity; (d) primarily engage in exempt duties; and (e) earn at least twice the minimum wage. IWC Wage Order 92001 § 1 (A) (2). The Motor Carrier Act exemption applies to employees whose hours of service are regulated by the U.S. Department of Transportation ("DOT") through the federal Motor Carrier Act. IWC Wage Order 9-2001 § 3 (L) (1).

3.

The summary judgment briefing will address each element of each

exemption for each of Plaintiff's relevant positions.

4.

UPS's summary judgment briefing will assert additional factual arguments

and legal defenses to Plaintiff's claims. For example, UPS will address Plaintiff's claims for failure to provide meal and rest periods, failure to provide properly itemized wage statements, waiting time penalties, conversion, and unfair competition.

5.

Therefore, the parties anticipate that extra space will be required to

adequately analyze the facts and law regarding each of Plaintiff's positions so that the Court can make an informed and accurate determination.

6.

Counsel for the parties have litigated other cases involving the exempt

status of current and former Fulltime Supervisors employed by UPS. In most of those cases, the parties have used the above-requested page limitations.

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For these reasons, the parties' respectfully request the extensions listed above for page limitations on dispositive motions. DATED: May 11, 2010 PAUL, HASTINGS, JANOFSKY & WALKER LLP

By:

/s/ Ryan C. Hess RYAN C. HESS

Attorneys for Defendant UNITED PARCEL SERVICE, INC. DATED: May 11, 2010 DUCKWORTH · PETERS · LEBOWITZ LLP FURUTANI & PETERS LLP

By:/s/ MARK C. PETERS Attorneys for Plaintiff OREN SHILL

ORDER IT IS SO ORDERED. DATED: May 12, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE