Hernandez, et al v. ACX Pacific Northwest Inc., et al

Filing 22

STIPULATION and ORDER signed by District Judge John A. Mendez on 1/11/16 ORDERING that the deadline for Plaintiff to file a motion for class certification under Federal Rule of Civil Procedure Rule 23, and a motion to certify a collective action under the Fair Labor Standards Act, is hereby CONTINUED to 6/14/2016, and noticed for hearing on 7/12/2016 at 1:30 p.m.. (Kastilahn, A)

1 STAN S. MALLISON (Bar No. 184191)
[e-mail]
2 HECTOR R. MARTINEZ (Bar No. 206336)
[e-mail]
3 MARCO A. PALAU (Bar No. 242340)
[e-mail]
4 JOSEPH D. SUTTON (Bar No. 269951)
[e-mail]
5 MALLISON & MARTINEZ
1939 Harrison Street, Suite 730
6 Oakland, California 94612-3547
Telephone: [phone]
7 Facsimile: [phone]
8 Attorneys for Plaintiff MIGUEL ROJAS-CIFUENTES and
Real Party in Interest the STATE OF CALIFORNIA, pursuant
9 to the California Labor Code Private
Attorney General Act
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(Counsel for Defendants Appear on Page 2)
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 2:14-cv-00697-JAM-CKD

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MIGUEL ROJAS-CIFUENTES on behalf of himself,
17 on behalf of all others similarly situated and in the
interest of the general public,
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Plaintiffs,
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vs
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STIPULATION AND ORDER TO RESET CLASS CERTIFICATION
SCHEDULE

ACX PACIFIC NORTHWEST INC, PACIFIC
LEASING, LLC, JOHN M. GOMBOS, JOHN E.
GOMBOS and Does 1-20
Defendants.

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STIPULATION & [PROPOSED] ORDER TO RE-SET CLASS CERTIFICATION SCHEDULE

1 Angel Gomez (State Bar No. 74476)
Kevin D. Sullivan (State Bar No. 270343)
2 EPSTEIN BECKER & GREEN, P.C.
1925 Century Park East, Suite 500
3 Los Angeles, California 90067-2506
Telephone: [phone]
4 Facsimile: 310.553.2165
[e-mail]
5 [e-mail]
6 Matthew A. Goodin (State Bar No. 169674)
EPSTEIN BECKER & GREEN, P.C.
7 655 Montgomery Street, Suite 1150
San Francisco, California 94111
8 Telephone: [phone]
Facsimile: 415.398.0955
9 [e-mail]
10 Attorneys for Defendants
ACX PACIFIC NORTHWEST, INC., PACIFIC LEASING, LLC, JOHN M. GOMBOS, and
11 JOHN E. GOMBOS
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STIPULATION & [PROPOSED] ORDER TO RE-SET CLASS CERTIFICATION SCHEDULE

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The Parties to the above-entitled action, through their respective counsel of record, submit

2 this Stipulation and Proposed Order to re-set Plaintiff’s deadline to file a motion for class
3 certification. The deadline to move for class certification is presently January 26, 2016. Because
4 FRCP 30(b)(6) depositions have commenced but have not been completed to date, the Parties agree
5 to request from the court that the deadline for Plaintiff to file his Motion for class Certification be
6 re-set to June 15, 2016. There is good cause for modifying the existing deadline, and the need to
7 do so is no fault of either party.
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The Parties have diligently pursued discovery in this matter. Plaintiff has served

9 interrogatories and document requests and has completed a first round of FRCP 30(b)(6) witness
10 depositions. However, due to Defendants’ and their counsel’s unavailability (including an
11 unexpected, extended medical situation), Defendants’ 30(b)(6) depositions have not all been
12 completed. Plaintiff noticed the continued deposition of Defendants’ 30(b)(6) witness for
13 November 17, 2015 but due to Defendants’ unavailability the depositions were re-noticed for
14 December 14, 2015. However, Defendants and their counsel were once again unavailable.
15 Plaintiffs intend to examine the Defendants’ 30(b)(6) witness on Rule 23 matters, and anticipate
16 that testimony from them on the relevant employment practices and policies will be central to class
17 certification.
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Additionally, the parties continue to meet and confer over Defendants’ document

19 production. Said production is imperative for Plaintiff’s Motion for Class Certification, and if the
20 parties are unable to agree on production Plaintiff will proceed with a Motion to Compel.
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STIPULATION & [PROPOSED] ORDER TO RE-SET CLASS CERTIFICATION SCHEDULE

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Based on the foregoing, the Parties have agreed to request that the Court continue the

2 deadline for Plaintiff to file a Motion for Class Certification to June 15, 2016.
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Respectfully submitted,

5 DATED: January 11, 2016

MALLISON & MARTINEZ

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By:

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/s/ Joseph D. Sutton
Joseph D. Sutton
Attorneys for PLAINTIFFS

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DATED: January 11, 2016

EPSTEIN BECKER & GREEN, P.C.

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By:
ANGEL GOMEZ
Attorney for DEFENDANTS

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STIPULATION & [PROPOSED] ORDER TO RE-SET CLASS CERTIFICATION SCHEDULE

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ORDER AS MODIFIED BY THE COURT
For good cause appearing, the deadline for Plaintiff to file a motion for class certification

3 under Federal Rule of Civil Procedure Rule 23, and a motion to certify a collective action under the
4 Fair Labor Standards Act, is hereby continued to June 14, 2016, and noticed for hearing on July 12,
5 2016 at 1:30 p.m.
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IT IS SO ORDERED.

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8 Dated: 1/11/2016

/s/ John A. Mendez_____________

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Judge John A. Mendez

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STIPULATION & [PROPOSED] ORDER TO RE-SET CLASS CERTIFICATION SCHEDULE