Orozco, et al. v. Illinois Tool Works, Inc.

Filing 45

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 3/3/16 ORDERING that the Phase 1 discovery cut-off and the dates associated with the motion for class certification be continued in accordance with the foregoing stipulation. (Becknal, R)

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BLUMENTHAL, NORDREHAUG & BHOWMIK
Norman B. Blumenthal (SBN 068687)
Kyle R. Nordrehaug (SBN 205975)
Aparajit Bhowmik (SBN 248066)
Ruchira Piya Mukherjee (SBN 274217)
Victoria B. Rivapalacio (SBN 275115)
2255 Calle Clara
La Jolla, CA 92037
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
JUAN OROZCO and JUAN OROZCO-BRISENO
REED SMITH LLP
Thomas E. Hill (SBN 100861)
Email: [e-mail]
Christina T. Tellado (SBN 298597)
Email: [e-mail]
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071-1514
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ILLINOIS TOOL WORKS INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN OROZCO and JUAN OROZCOBRISENO, individuals, on behalf of
themselves and on behalf of all persons
similarly situated,

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Plaintiffs,

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v.

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ILLINOIS TOOL WORKS INC., a
Corporation; and Does 1 through 50,
Inclusive,

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Case No. 14-CV-02113-MCE-EFB
Assigned to the Hon. Morrison C. England
CLASS ACTION
SECOND JOINT STIPULATION AND
ORDER TO CONTINUE DEADLINE
FOR PLAINTIFFS TO FILE
MOTION FOR CLASS
CERTIFICATION

Defendants.

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STIPULATION AND ORDER TO CONTINUE DEADLINE RE MOTION FOR CLASS CERTIFICATION
21772127v.1

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Plaintiffs JUAN OROZCO and JUAN OROZCO-BRISENO (“Plaintiffs”) and
Defendant ILLINOIS TOOL WORKS INC. (“Defendant”), by and through their
respective counsel, hereby stipulate as follows:
WHEREAS, the Court has bifurcated the discovery process in this matter, limiting
Phase 1 discovery to those facts that are relevant to whether the action should be certified
as a class action;
WHEREAS, the Court previously set the following deadlines with respect to
Phase 1 discovery and Plaintiffs’ motion for class certification:

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• Completion of Phase 1 discovery: April 11, 2016

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• Plaintiffs’ deadline to file Class Certification Motion: May 12, , 2016

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• Defendant’s deadline to file opposition: June 2, 2016

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• Plaintiff’s deadline to file reply: June 16, 2016

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• Hearing re: Class Certification Motion: June 23, 2016
WHEREAS, in partial resolution of a discovery dispute between the Parties,
Magistrate Judge Brennan ordered Defendant to produce Rule 30(b)(6) witnesses who
can testify regarding “issues of rest and meal breaks, as well as premium pay” with
respect to all business units operated by Defendant in California during the putative class
period [Doc. No. 38];
WHEREAS, on February 5, 2016, this Court issued an Order denying Defendant’s
Request for Partial Reconsideration of the Magistrate Judge’s Order [Doc. No. 42];
WHEREAS, Defendant has compiled and provided Plaintiffs a list of thirty-one
(31) individuals who will serve as 30(b)(6) designees with regard to one or more of the
34 business units now maintained by Defendant in California, and the Parties are
currently in the process of scheduling these depositions;
WHEREAS, the Parties have conferred and believe that a continuance of the
briefing schedule for the motion for class certification is warranted to provide a sufficient
amount of time for Defendant to produce its 30(b)(6) designees for deposition;

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STIPULATION AND ORDER TO CONTINUE DEADLINE RE MOTION FOR CLASS CERTIFICATION
21772127v.1

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WHEREAS, Defendant has agreed to produce all 30(b)(6) designees for deposition
by June 30, 2016;
WHEREAS, Plaintiffs believe they will require approximately sixty (60) days after
the conclusion of the final 30(b)(6) deposition to review and analyze the deposition
transcripts and file their motion for class certification; and
WHEREAS, this is the second request for a continuance by either Party;
WHEREAS, good cause for the continuance exists as the Court recently issued an
order regarding Defendant’s Request for Partial Reconsideration and since the issuance
of the Court’s order, the Parties have been working diligently to perform and complete
discovery as outlined by Magistrate Judge Brennan’s Order.
NOW, THEREFORE, the Parties hereby stipulate and agree, and respectfully
request the Court to order that the Phase 1 discovery cut-off and the dates associated with
the motion for class certification be continued to the following dates:

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• Completion of Phase 1 discovery: June 30, 2016

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• Plaintiffs’ deadline to file motion: September 2, 2016

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• Defendant’s deadline to file opposition: September 23, 2016

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• Plaintiff’s deadline to file reply: October 7, 2016

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• Hearing re: Class Certification Motion: October 19, 2016

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IT IS SO STIPULATED.
DATED: February 29, 2015

BLUMENTHAL, NORDREHAUG
& BHOWMIK

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By:/s/
Norman B. Blumenthal
Kyle R. Nordrehaug
Aparajit Bhowmik
Piya Mukherjee

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Attorneys for Plaintiffs

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STIPULATION AND ORDER TO CONTINUE DEADLINE RE MOTION FOR CLASS CERTIFICATION
21772127v.1

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DATED: February 29, 2015

REED SMITH LLP

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By:/s/
Thomas E. Hill
Christina T. Tellado

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Attorneys for Defendant

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ORDER

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It is HEREBY ORDERED that the Phase 1 discovery cut-off and the dates

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associated with the motion for class certification be continued in accordance with the

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foregoing stipulation.

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IT IS SO ORDERED.
Dated: March 3, 2016

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STIPULATION AND ORDER TO CONTINUE DEADLINE RE MOTION FOR CLASS CERTIFICATION
21772127v.1