National Railroad Passenger Corporation et al v. State of California et al

Filing 29

ORDER upon Joint Status Report 26 signed by Senior Judge William B. Shubb on 1/29/2016: Pursuant to the provisions of Federal Rule of Civil Procedure 16 and the previous orders of this Court: 1) A Status (Pretrial Scheduling) Conference is se t for 3/28/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; 2) A Joint Status Report shall be filed no later than 3/14/2016 in accordance to the previous orders as outlined in the 3 Court's Order Re: Status (Pretrial Scheduling) Conference filed 4/29/2015. All other provisions of this Court's previous Scheduling Order shall apply as previously stated; and 3) The STAY of this action is LIFTED. (Kirksey Smith, K)

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Catherine S. Nasser (State Bar No. 246191)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
+1.415.626.3939
Facsimile:
+1.415.875.5700
Donald J. Munro (State Bar No. 453600) (admitted pro
hac vice)
[e-mail]
JONES DAY
51 Louisiana Avenue, NW
Washington, DC 20001
Telephone:
+1.202.879.3922
Facsimile:
+1.202.626.1700

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Attorneys for Plaintiffs
NATIONAL RAILROAD PASSENGER
CORPORATION, BNSF RAILWAY COMPANY,
UNION PACIFIC RAILROAD COMPANY, AND
LOS ANGELES JUNCTION RAILWAY

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ADDITIONAL COUNSEL ON SIGNATURE PAGE
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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NATIONAL RAILROAD PASSENGER
CORPORATION (D/B/A AMTRAK),
BNSF RAILWAY COMPANY, UNION
PACIFIC RAILROAD COMPANY, and
LOS ANGELES JUNCTION RAILWAY

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Plaintiffs,

Case No. 2:15-cv-00924-WBS-EFB

JOINT STATUS REPORT; ORDER

v.
STATE OF CALIFORNIA, STATE OF
CALIFORNIA DIVISION OF LABOR
STANDARDS ENFORCEMENT, and
JULIE SU, in her official capacity as Labor
Commissioner, State of California Division
of Labor Standards Enforcement,

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Defendants.
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JOINT STATUS REPORT

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On October 22, 2015, the Court issued a order [Dkt. No. 5] extending a stay of all

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proceedings in the above-captioned matter to allow the parties to continue ongoing settlement

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efforts. Since then, the parties – including Plaintiffs National Railroad Passenger Corporation

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(d/b/a Amtrak), BNSF Railway Company, Union Pacific Railroad Company, and Los Angeles

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Junction Railway (collectively, “Plaintiffs”) and Defendants the State of California, the State of

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California Division of Labor Standards Enforcement, and Julie Su, in her official capacity as

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Labor Commissioner (collectively, “Defendants”) – have had a series of discussions in an attempt

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to resolve the underlying dispute. In addition, the parties have exchanged a substantial amount of

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information, including responses to informal document requests and written questions. The

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parties’ most recent discussions were on January 25, 2016.
Despite these negotiations, including substantial good faith efforts by both sides, the

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parties have not yet found a solution that is mutually acceptable. They are continuing to talk. In

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the meantime, in accordance with the terms of the Court’s previous order, the parties jointly

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request that the Court issue a new scheduling order. A proposed order is attached.

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Respectfully submitted,

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Dated: January 28, 2016

JONES DAY
By: /s/ Catherine S. Nasser
Catherine S. Nasser
Donald J. Munro
Attorneys for Plaintiffs
NATIONAL PASSENGER RAILROAD CORPORATION,
BNSF RAILWAY COMPANY, UNION PACIFIC
RAILROAD COMPANY, AND LOS ANGELES
JUNCTION RAILWAY

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-2JOINT STATUS REPORT

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Dated: January 28, 2016

KAMALA D. HARRIS
Attorney General of California
TAMAR PACHTER
Supervising Deputy Attorney General

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By: /s/ Peter Chang
Peter Chang

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Attorneys for Defendants
STATE OF CALIFORNIA, STATE OF CALIFORNIA
DIVISION OF LABOR STANDARDS ENFORCEMENT,
and JULIE SU, in her official capacity as Labor
Commissioner

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-3JOINT STATUS REPORT

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ORDER
Pursuant to the provisions of Federal Rule of Civil Procedure 16 and the previous orders

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of this Court:

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1. A Status (Pretrial Scheduling) Conference is set for March 28, 2016 at 1:30 p.m. before the

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undersigned judge in Courtroom 5.

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2. A Joint Status Report shall be filed no later than March 14, 2016 in accordance to the

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previous orders as outlined in the Court’s Order Re: Status (Pretrial Scheduling) Conference filed

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April 29, 2015 (Docket No. 3). All other provisions of this Court’s previous Scheduling Order

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[Dkt. No. 3] shall apply as previously stated.

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3. The stay of this action is lifted.

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IT IS SO ORDERED.

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Dated: January 29, 2016

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-2JOINT STATUS REPORT