Vasquez et al v. Panella Trucking

Filing 36

STIPULATION and ORDER re: 35 Joint Stipulation and Order regarding revised class certification briefing and/or preliminary and final settlement approval schedule, signed by Judge John A. Mendez on 4/6/11: The parties' joint request for the Cou rt's preliminary aproval of the parties' settlement shall be filed no later than 4/20/11. Any preliminary settlement approval hearing deemed necessary by the Court shall occur on 5/18/11 at 9:30 a.m.. Any final settlement approval hearing shall occur by 8/17/11 at 9:30 a.m.. Should the parties request for preliminary or final approval of the parties settlement in this case be rejected, the Court will set deadlines for class certification briefing at least four months after the entry of any order denying the parties' request for approval of the settlement reached between the parties. (Kastilahn, A)

1 2 3 4 5 6 7 8 9 10 11

GEORGE J. TICHY, II, Bar No. 041146 MICHELLE R. BARRETT, Bar No. 197280 LITTLER MENDELSON A Professional Corporation 650 California Street, 20th Floor San Francisco, CA 94108.2693 Telephone: [phone] Facsimile: 415.399.8490 Email: [e-mail]; [e-mail] Attorneys for Defendant PANELLA TRUCKING, LLC GREGORY M. GARRISON, Bar No. 165215 JASON N. BLACK, Bar No. 256261 TEEPLE HALL, LLP 9255 Towne Centre Drive, Suite 500 San Diego, CA 92121 Telephone: [phone] Email: [e-mail]; [e-mail] Attorneys for Plaintiffs

12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 SACRAMENTO 15 16 17 18 19 20 21 22 Defendant. 23 24 25 26 27 28
Case No. 2:09-CV-02849 JAM [KJM]]

DANIEL VASQUEZ and WAYNE CUTHILL, on their own behalf and on behalf of a class of similarly situated persons pursuant to F.R.C.P. 23 and 23 U.S.C. § 216, and on behalf of the General Public, Plaintiffs, vs. PANELLA TRUCKING, L.L.C., a California limited liability corporation,

Case No.: 2:09-CV-02849 JAM [KJM] JOINT STIPULATION AND ORDER RE REVISED CLASS CERTIFICATION BRIEFING AND/OR PRELIMINARY AND FINAL SETTLEMENT APPROVAL SCHEDULE Judge: Courtroom: Complaint Filed: Trial Date: Hon. John A. Mendez 6, 14th Floor October 13, 2009 No date set

PDF created with pdfFactory trial version www.pdffactory.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 case;

THIS STIPULATION AND PROPOSED REVISED CLASS CERTIFICATION BRIEFING AND/OR PRELIMINARY AND FINAL SETTLEMENT APPROVAL SCHEDULE ORDER is made by and entered into between Plaintiffs Daniel Vasquez ("Plaintiff") and Defendant Panella Trucking, LLC ("Defendant"). WHEREAS, the parties had previously agreed to explore the possibility of settlement in this

WHEREAS, the parties have engaged in extensive settlement discussions and negotiations and have agreed in principal as to the elements of a settlement between the parties; WHEREAS, counsel for the parties are currently finalizing the written settlement agreement and are awaiting final signatures on the settlement agreement; WHEREAS, the parties have agreed that it is necessary to preserve Plaintiff's and the putative class' right to seek certification from the Court in this matter should the parties' agreement to settle this matter fail or be rejected in whole or in part by this Court; and WHEREAS, the parties have conferred and believe that an extension of the deadlines set forth in the Court's November 23, 2010 Order re Extension of Class Briefing Schedule (Docket No. 33) is reasonable and necessary to provide the parties with adequate time either: (a) to obtain both preliminary and final approval of the parties' agreed upon settlement or (b) to determine that the parties' settlement has been rejected in whole or in part by this Court and for Plaintiffs to then seek class certification of the matter; WHEREFORE, IT IS NOW HEREBY STIPULATED AND AGREED that: 1. The parties shall file jointly their request for the Court's preliminary approval of the parties' settlement by no later than April 20, 2011; 2. Any preliminary settlement approval hearing deemed necessary by the Court shall occur on May 18, 2011 at 9:30 a.m.; 3. Any final settlement approval hearing shall occur by August 17, 2011 at 9:30 a.m.; and 4. Should the parties' request for preliminary or final approval of the parties' settlement in this case be rejected, the Court will set deadlines for class certification briefing at least four (4) months after the entry of any order denying the parties' request for approval of the settlement
STIPULATION AND [PROPOSED] REVISED CLASS BRIEFING SCHEDULE ORDER 1. Case No. 2:09-CV-02849 JAM [KJM]

PDF created with pdfFactory trial version www.pdffactory.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

reached between the parties. 5. This Stipulation and Order is subject to revocation and modification by order of the Court, upon written stipulation of the parties, or upon motion and reasonable notice. IT IS SO STIPULATED: DATED: April 6, 2011 Littler Mendelson, P.C.

BY

MICHELLE R. BARRETT

/s/ Michelle R. Barrett

Attorneys for Defendant PANELLA TRUCKING, LLC DATED: April 6, 2011 Teeple Hall, LLP

BY

JASON N. BLACK

/s/ Jason N. Black

Attorneys for Plaintiffs

IT IS SO ORDERED. 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] REVISED CLASS BRIEFING SCHEDULE ORDER 2. Case No. 2:09-CV-02849 JAM [KJM]

DATED: April 6, 2011 /s/ John A. Mendez_____________ THE HONORABLE JOHN A. MENDEZ U.S. DISTRICT COURT JUDGE

PDF created with pdfFactory trial version www.pdffactory.com

1 2 3 4 5 6 7 BY 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTESTATION OF CONCURRENCE I hereby attest that concurrence in the filing of this document has been obtained from each of the signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing declaration is true and correct to the best of my personal knowledge. Executed this 6th day of April, 2011 in San Francisco, California.

MICHELLE R. BARRETT

/s/ Michelle R. Barrett

Attorneys for Defendant PANELLA TRUCKING, LLC

Case No. 2:09-CV-02849 JAM [KJM]]

PDF created with pdfFactory trial version www.pdffactory.com