Krueger v. Mistras Group, Inc.

Filing 10

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 07/17/15 ORDERING that the Joint Status Report and corresponding meet and confer and other related deadlines are CONTINUED 30 days to 08/17/15, or as soon thereafter as practicable to allow for transfer and/or consolidation or coordination with Edgar Viceral v. Mistras Group, Inc., Case No. 3:15-cv-02198-EDL. (Benson, A)

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CAROLYN HUNT COTTRELL, Bar No. 166977
NICOLE N. COON, Bar No. 286283
SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone:
415.421.7100
Facsimile:
415.421.7105
Attorneys for Plaintiff
JOSEPH A. SCHWACHTER, Bar No. 108124
R. KEITH CHAPMAN, Bar No. 282331
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, CA 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490
Attorneys for Defendant
MISTRAS GROUP, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID KRUEGER,

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Plaintiff,

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v.

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MISTRAS GROUP, INC.; and DOES 150, inclusive.

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Defendant.

Case No. 2:15-cv-01069-MCE-DAD
STIPULATION AND ORDER TO
CONTINUE DEADLINE TO FILE JOINT
STATUS REPORT AND
CORRESPONDING DEADLINES
Complaint Filed:
Removed:

April 10, 2015
May 18, 2015

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

(NO. 2:15-CV-01069-MCE-DAD)

STIPULATION AND [PROPOSED] ORDER TO
CONTINUE DEADLINE TO FILE JOINT STATUS
REPORT AND CORRESPONDING DEADLINES

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TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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Plaintiff DAVID KRUEGER, on behalf of himself and all others similarly situated,

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(“Plaintiff”) and Defendant MISTRAS GROUP, INC. (“Defendant”) (collectively, the “Parties”), by

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and through their respective counsel of record, hereby stipulate and agree as follows:

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On April 10, 2015, Plaintiff filed in the California Superior Court for Kern County
the above-captioned lawsuit (ECF Doc. No. 1-2);
On May 18, 2015, Defendant removed this case to U.S. District Court, Eastern
District of California (ECF Doc. No. 1);

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On the same day, the Court issued an Order Requiring Joint Status Report. Pursuant

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to this order, the deadline for the Parties to file a joint status report addressing the topics listed in

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said order, including a Rule 26(f) discovery plan, is July 17, 2015 (ECF Doc. No. 2);

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On May 27, 2015, Defendant filed a Notice of Related Case identifying the following

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action filed in the California Superior Court for San Francisco County on April 13, 2015, and

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removed to the United States District Court for the Northern District of California on May 15, 2015:

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Edgar Viceral v. Mistras Group, Inc., Case No. 3:15-cv-02198-EDL (“Viceral”), currently pending

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before the Honorable Edward M. Chen (ECF Doc. No. 4);

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The Parties agree that the parties and some of the substantive claims in this matter

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overlap with the parties and substantive claims in the Viceral case, and that transfer, consolidation,

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and/or coordination of the two matters before a single Court is appropriate. The Parties are working

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diligently to address this issue and are negotiating regarding how to proceed. Extending the

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upcoming deadlines preserves both the Parties’ and the Court’s resources and promotes efficiency.

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The Parties will have a greater ability to fully discuss ADR options and to adequately conduct a Rule

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26(f) conference after the cases are transferred and/or consolidated or coordinated.

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IT IS HEREBY STIPULATED, by and between the Parties hereto, through their
respective counsel of record, as follows:

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The Joint Status Report and corresponding meet and confer and other related

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deadlines should be continued thirty (30 ) days from the July 17, 2015 Joint Status Report deadline,

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

(NO. 2:15-CV-01069-MCE-DAD)

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STIPULATION AND ORDER TO CONTINUE
DEADLINE TO FILE JOINT STATUS REPORT AND
CORRESPONDING DEADLINES

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until August 17, 2015, or as soon thereafter as practicable to allow for transfer and/or consolidation

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or coordination with the Viceral action.

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Dated: July 13, 2015

SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS LLP

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By: /s/ Nicole N. Coon
CAROLYN HUNT COTTRELL
NICOLE N. COON
Attorneys for Plaintiff

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Dated: July 13, 2015

LITTLER MENDELSON, P.C.

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By: /s/ R. Keith Chapman
JOSEPH A. SCHWACHTER
R. KEITH CHAPMAN
Attorneys for Defendant
MISTRAS GROUP, INC.

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ORDER

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Having reviewed the foregoing stipulation, and good cause appearing, the Joint Status

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Report and corresponding meet and confer and other related deadlines shall be continued thirty (30)

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days from the July 17, 2015 Joint Status Report deadline, until August 17, 2015, or as soon

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thereafter as practicable to allow for transfer and/or consolidation or coordination with Edgar

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Viceral v. Mistras Group, Inc., Case No. 3:15-cv-02198-EDL.

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IT IS SO ORDERED.
Dated: July 17, 2015

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

(NO. 2:15-CV-01069-MCE-DAD)

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STIPULATION AND ORDER TO CONTINUE
DEADLINE TO FILE JOINT STATUS REPORT AND
CORRESPONDING DEADLINES