Gutierrez, et al. v. Carter Brothers Security Services, LLC, et al.

Filing 89

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 5/3/17: The June 15, 2017, hearing on Plaintiffs' Motion is VACATED. (Kaminski, H)

1
2
3
4
5
6
7
8
9

JESSE A. CRIPPS, SBN 222285
[e-mail]
KATHERINE V.A. SMITH, SBN 247866
[e-mail]
ASHLEY ALLYN, SBN 254559
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone:
213.229.7000
Facsimile:
213.229.7520

JOSEPH W. ROSE, SBN 232261
[e-mail]
MEHRAN TAHOORI, SBN 283313
[e-mail]
ROSE LAW, A PROF. CORP.
11335 Gold Express Drive, Suite 135
Gold River, California 95670
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendant
AT&T DIGITAL LIFE, INC.

Attorneys for Plaintiffs

10
11
UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13
14
15

RAMSES GUTIERREZ, et. al. individually,
and on behalf of all others similarly situated,

16

Plaintiff,

17
18
19
20
21

v.
CARTER BROTHERS SECURITY
SERVICES, LLC., AT&T DIGITAL LIFE,
INC.; and DOES 1 through 10, inclusive,

CASE NO. 14-CV-00351-MCE-CKD
JOINT STIPULATION AND ORDER TO
CONTINUE DATES PENDING
REPRESENTATION OF DEFENDANT
CARTER BROTHERS SECURITY
SERVICES, LLC
ACTION FILED: March 10, 2014
JUDGE: Hon. Morrison C. England

Defendants.

22
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP

JOINT STIPULATION AND ORDER TO CONTINUE DATES PENDING REPRESENTATION OF CARTER
BROTHERS SECURITY SERVICES, LLC
CASE NO. 14-CV-00351-MCE-CKD

1
2
3
4

STIPULATION
Plaintiffs and Defendant AT&T Digital Life, Inc. (“AT&T”) (collectively with Plaintiffs, the
“Parties”), by and through their respective counsel of record, hereby stipulate as follows:
WHEREAS, on March 20, 2017, Plaintiffs filed a Renewed Motion to Conditionally Certify

5

an FLSA Collective Action under section 16(b) of the Fair Labor Standards Act (Dkt. 79) (the

6

“Motion”);

7

WHEREAS, Plaintiffs’ motion is currently noticed for hearing on June 15, 2017 (Dkt. 83);

8

WHEREAS, on April 26, 2017, AT&T served notices for the depositions of eight named

9
10

Plaintiffs to occur in the month of May, 2017;
WHEREAS, on April 20, 2017, Gordon & Rees Scully Mansukhani (“Gordon & Rees”),

11

counsel for Defendant Carter Brothers Security Services, LLC (“Carter Brothers”) advised that it no

12

longer represents Carter Brothers and that it intends to promptly file a Motion for Withdrawal of

13

Counsel;

14

WHEREAS, because Carter Brothers is currently without representation in this action,

15

continuing the hearing on Plaintiffs’ Motion and the depositions noticed by AT&T pending the

16

resolution of Gordon & Rees’ Motion for Withdrawal of Counsel and potential new representation of

17

Carter Brothers will conserve the resources of the Court and avoid prejudice to the Parties.

18

NOW THEREFORE, the Parties hereby stipulate, subject to the approval of this Court, that:

19

1.

The hearing on Plaintiffs’ Motion be taken off-calendar;

20

2.

If Gordon & Rees’ Motion for Withdrawal of Counsel is granted, within 14 days after

21

Carter Brothers files Notices of Appearance for new legal counsel, Plaintiffs will file a Notice to

22

Reschedule Hearing on their Motion on a mutually agreed-upon date;

23

3.

If Gordon & Rees’ Motion for Withdrawal of Counsel is granted, within 14 days after

24

Carter Brothers files Notices of Appearance for new legal counsel, Plaintiffs and AT&T will make a

25

good faith effort to meet and confer with new counsel for Carter Brothers to schedule AT&T’s

26

noticed depositions;

27
28
Gibson, Dunn &
Crutcher LLP

2
JOINT STIPULATION AND ORDER TO CONTINUE DATES PENDING REPRESENTATION OF CARTER
BROTHERS SECURITY SERVICES, LLC
CASE NO. 14-CV-00351-MCE-CKD

1

4.

If the Motion for Withdrawal of Counsel is granted, but no Notices of Appearance of

2

Counsel for Carter Brothers are filed within 14 days thereafter, Plaintiffs and AT&T will promptly

3

file a joint status report informing the Court of the status of the case and proposing a date and time

4

for a status conference;

5

5.

If the Motion for Withdrawal of Counsel is denied, (1) Plaintiffs and AT&T will make

6

a good faith effort to meet and confer with Gordon & Rees regarding Plaintiffs’ motion and AT&T’s

7

noticed depositions within 14 days of entry of an order denying the motion; and (2) Plaintiffs will file

8

a Notice to Reschedule Hearing on their Renewed Motion to Conditionally Certify an FLSA

9

Collective Action on a mutually agreed-upon date within 21 days of the denial of the motion.

10

IT IS SO STIPULATED.

11
12
13

Dated: May 1, 2017

GIBSON, DUNN & CRUTCHER LLP

14
By:

15
16
17
18
19

/s/ Jesse A. Cripps
Jesse A. Cripps

Attorneys for Defendant AT&T Digital Life, Inc.
Dated: May 1, 2017

ROSE LAW, A PROF. CORP.
By:

/s/ Joseph W. Rose
Joseph W. Rose

20
21

Attorneys for Plaintiff

22
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP

3
JOINT STIPULATION AND ORDER TO CONTINUE DATES PENDING REPRESENTATION OF CARTER
BROTHERS SECURITY SERVICES, LLC
CASE NO. 14-CV-00351-MCE-CKD

1

ORDER

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

Pursuant to this Stipulation and for the reasons stated therein, IT IS HEREBY ORDERED
that:
1.

The June 15, 2017, hearing on Plaintiffs’ Motion is VACATED;

2.

If Gordon & Rees’ Motion for Withdrawal of Counsel is granted, within 14 days after

Carter Brothers files Notices of Appearance for new legal counsel, Plaintiffs are to file a Notice to
Reschedule Hearing on their Motion on a mutually agreed-upon date;
3.

If Gordon & Rees’ Motion for Withdrawal of Counsel is granted, within 14 days after

Carter Brothers files Notices of Appearance for new legal counsel, Plaintiffs and AT&T are to make
a good faith effort to meet and confer with new counsel for Carter Brothers to schedule AT&T’s
noticed depositions;
4.

If the Motion for Withdrawal of Counsel is granted, but no Notices of Appearance of

Counsel for Carter Brothers are filed within 14 days thereafter, Plaintiffs and AT&T will, within ten
(10) days thereafter, file a joint status report informing the Court of the status of the case and
proposing a date and time for a status conference;
5.

If the Motion for Withdrawal of Counsel is denied, (1) Plaintiffs and AT&T will make

a good faith effort to meet and confer with Gordon & Rees regarding Plaintiffs’ motion and AT&T’s
noticed depositions within 14 days of entry of an order denying the motion; and (2) Plaintiffs will file
a Notice to Reschedule Hearing on their Renewed Motion to Conditionally Certify an FLSA
Collective Action on a mutually agreed-upon date within 21 days of the denial of the motion.
IT IS SO ORDERED.
Dated: May 3, 2017

23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP

4
JOINT STIPULATION AND ORDER TO CONTINUE DATES PENDING REPRESENTATION OF CARTER
BROTHERS SECURITY SERVICES, LLC
CASE NO. 14-CV-00351-MCE-CKD