Fontewberry et al v. MV Transportation, Inc. et al

Filing 57

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 7/29/13 ORDERING that the Hearing on 51 MOTION For Aproval of Hoffmann-La Roche Notice is CONTINUED to 10/31/2013 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. The Parties agree that MV Transportation's deadline to oppose Plaintiffs' Motion should therefore be continued to a date 14 days preceding the continued hearing, 10/17/2013. (Mena-Sanchez, L)

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STEVEN G. TIDRICK, Bar No.
THE TIDRICK LAW FIRM
2039 Shattuck Avenue, Suite 308
Berkeley, CA 94704
Telephone:
510.788.5100
Facsimile:
510.291.3226

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Attorneys for Plaintiffs
RICHARD FONTENBERRY, HUNTER BLAINE,
and KEITH WARD

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JULIE A. DUNNE, Bar No. 160544
DAWN FONSECA, Bar No. 259405
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, CA 92101.3577
Telephone:
619.232.0441
Facsimile:
619.232.4302
Attorneys for Defendant
MV TRANSPORTATION, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD FONTENBERRY, HUNTER
BLAINE, and KEITH WARD, on behalf of
themselves and all others similarly situated,

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Plaintiffs,

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STIPULATION TO CONTINUE DATE OF
HEARING ON MOTION FOR APPROVAL
OF HOFFMAN-LA ROCHE NOTICE;
ORDER THEREON

v.

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Case No. 12-CV-01996-TLN-JFM

MV TRANSPORTATION, INC.; and
DOES 1-20,

Trial Date: None Set
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Defendants.
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Pursuant to Local Rules 143-144 and 230(f), the Parties seek to continue the hearing on

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Plaintiffs’ Motion for Approval of Hoffmann-La Roche Notice. Accordingly, the Parties stipulate:
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Plaintiffs filed their Motion for Approval of Hoffmann-La Roche Notice on July 22,

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2013, and set the matter for hearing on September 5, 2013 at 2:00 p.m.

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

FIRMWIDE:122171347.1 072247.1003

STIPULATION TO CONTINUE HEARING
DATE; ORDER THEREON

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Since that time, the Parties have determined that, to conserve the resources of both the

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Court and the Parties, the Parties should submit the case to mediation in an effort to reach a

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settlement.

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Accordingly, the Parties have met and conferred regarding the conditions under

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which Plaintiffs and MV Transportation are willing to submit the case to mediation and have agreed

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that, assuming the Court will approve, the hearing date on Plaintiffs’ Motion should be continued to

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October 31, 2013, to allow time for the Parties to mediate the case.

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4.

Indeed, continuing the hearing date will allow the Parties to focus finite resources on

pursuing a meaningful mediation, rather than obligating MV Transportation to expend time and
energy in opposing Plaintiffs’ Motion prior to mediation.

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The Parties agree that MV Transportation’s deadline to oppose Plaintiffs’ Motion

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should therefore be continued to a date 14 days preceding the continued hearing, i.e. October 17,

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2013.

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Based upon the foregoing, the parties respectfully request that the Court continue the

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currently scheduled hearing on Plaintiffs’ Motion for Approval of Hoffmann-La Roche Notice to

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

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STIPULATION TO CONTINUE HEARING
DATE; ORDER THEREON

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October 31, 2013 at 2:00 p.m., with MV Transportation’s deadline to oppose Plaintiffs’ Motion set

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14 days before the continued hearing date.

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Dated: July 26, 2013

Respectfully submitted,

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/s/ Steven G. Tidrick (as authorized on 7/25/13)
STEVEN G. TIDRICK
THE TIDRICK LAW FIRM
Attorneys for Plaintiffs
RICHARD FONTENBERRY, HUNTER
BLAINE, and KEITH WARD

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Dated: July 26, 2013

Respectfully submitted,

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/s/ Dawn Fonseca
JULIE A. DUNNE
DAWN FONSECA
LITTLER MENDELSON, P.C.
Attorneys for Defendant
MV TRANSPORTATION, INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: July 29, 2013

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Troy L. Nunley
United States District Judge

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

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STIPULATION TO CONTINUE HEARING
DATE; ORDER THEREON