Robles v. Comtrak Logistics, Inc.

Filing 28

STIPULATION and ORDER signed by Judge John A. Mendez on 7/8/2013 ORDERING 27 all existing discovery is STAYED and the discovery deadlines on the existing discovery are EXTENDED to 30 days after the date that this Court issues its Order regarding Defendant's Motion to Dismiss Plaintiff's First Amended Complaint. 25 (Reader, L)

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SEYFARTH SHAW LLP
Brandon R. McKelvey (SBN 217002)
[e-mail]
Timothy B. Nelson (SBN 235279)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone:
[phone]
Facsimile:
[phone]
SEYFARTH SHAW LLP
Thomas J. Piskorski (admitted pro hac vice)
[e-mail]
131 South Dearborn Street
Suite 2400
Chicago, IL 60603
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
COMTRAK LOGISTICS, INC.
MARLIN & SALTZMAN, LLP
Christina A. Humphrey (SBN 226326)
[e-mail]
29229 Canwood Street, Suite 208
Agoura Hills, California 91301
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiff
SALVADOR ROBLES

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SALVADOR ROBLES, individually and on
behalf of others similarly situated,

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Case No. 2:13-CV-00161-JAM-AC
CLASS ACTION

Plaintiffs,
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STIPULATION AND ORDER RE:
DISCOVERY DEADLINES

v.
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COMTRAK LOGISTICS, INC., a Delaware
corporation; and DOES 1 through 10,
inclusive,

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Defendants.
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STIPULATION AND [PROPOSED] ORDER RE: DISCOVERY DEADLINES
Case No. 2:13-CV-00161-JAM-AC
15736849v.1

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STIPULATION

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WHEREAS, pursuant to the April 23, 2013, Stipulation and Order, entered by this Court

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as docket number 23, the deadline for Defendant to file a Motion to Dismiss Plaintiff’s First

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Amended Complaint was June 3, 2013;

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WHEREAS, Defendant filed its Motion to Dismiss Plaintiff’s First Amended Complaint
on June 3, 2013, with a noticed hearing date of July 24, 2013;

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WHEREAS, Plaintiff served written discovery, including special interrogatories and
requests for production of documents, to Defendant by United States mail on May 2, 2013;

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WHEREAS, in order to preserve the parties’ and the Court’s resources until this Court

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hears Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint, the parties have

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agreed to a temporary stay on discovery and have reached the following agreement, each subpart

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below being material and necessary to the entire agreement;

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THEREFORE, the parties, through their respective counsel of record, agree to stipulate
that:
(a)

The parties agree that they will not serve or propound any additional discovery

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until, at the earliest, the day after the Court issues its Order on Defendant’s Motion to Dismiss

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Plaintiff’s First Amended Complaint;

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(b)

All existing discovery is stayed and the discovery deadlines on the existing

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discovery are extended to thirty (30) days after the date that this Court issues its Order regarding

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Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint;

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(c)

Defendant agrees that it will produce the name, last known address, phone

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number, and dates of affiliation with Defendant of all owner-operators that fall within Plaintiff’s

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proposed class definition (as stated in the First Amended Complaint) within thirty (30) days after

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the date that this Court issues its Order regarding Defendant’s Motion to Dismiss Plaintiff’s First

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Amended Complaint, assuming the Court’s order does not dismiss the class claims; and

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(d)

The parties agree that Defendant’s production of the contact information for the

group of owner-operators alleged in the proposed class definition in Plaintiff’s First Amended
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STIPULATION AND [PROPOSED] ORDER RE: DISCOVERY DEADLINES
Case No. 2:13-CV-00161-JAM-AC
15736849v.1

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Complaint, does not constitute a concession or admission that class certification is appropriate or

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that further class discovery is appropriate. Defendant reserves the right to object to further pre-

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class certification discovery and to oppose class certification notwithstanding this stipulation.

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IT IS SO STIPULATED.

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Dated: July 8, 2013

SEYFARTH SHAW LLP

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By:

/s/ Timothy B. Nelson
Thomas J. Piskorski
Brandon R. McKelvey
Timothy B. Nelson
Attorneys for Defendant
COMTRAK LOGISTICS, INC.

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Dated: July 8, 2013

MARLIN & SALTZMAN, LLP

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By:

/s/ Christina A. Humphrey
Christina A. Humphrey
Attorneys for Plaintiff
SALVADOR ROBLES

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ORDER

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Pursuant to the stipulation of the parties and good cause appearing therefore, IT IS SO
ORDERED.

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DATED: July 8, 2013
/s/ John A. Mendez
John A. Mendez
UNITED STATES DISTRICT COURT

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STIPULATION AND [PROPOSED] ORDER RE: DISCOVERY DEADLINES
Case No. 2:13-CV-00161-JAM-AC
15736849v.1