Krueger v. Mistras Group, Inc.

Filing 13

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 8/19/15. The Joint Status Report deadline shall be continued to 9/4/15. (Manzer, C)

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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

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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,
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
SUPPLEMENTAL STIPULATION TO
CONTINUE DEADLINE TO FILE JOINT
STATUS REPORT AND
CORRESPONDING DEADLINES; ORDER
THEREON
Complaint Filed:
Removed:

April 10, 2015
May 18, 2015

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

1.

SUPPLEMENTAL STIPULATION TOCONTINUE DEADLINE
TO FILE JOINT STATUS REPORT AND CORRESPONDING
DEADLINES; ORDER THEREON

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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, was 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.

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In order to have sufficient time to negotiate the coordination of Viceral and Krueger,

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on July 13, 2015 the Krueger Parties filed a Stipulation and [Proposed] Order to Continue Deadline

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to File Joint Status Report and Corresponding Deadlines to extend the July 17, 2015 deadline for

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thirty (30) days until August 17, 2015. (ECF Doc. No. 9). The Parties explained that they needed

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additional time to allow for transfer and/or consolidation or coordination of Krueger with the Viceral

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action. Moreover, extending the deadlines would preserve both the Parties’ and the Court’s resources

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and promotes efficiency. The Parties would have a greater ability to fully discuss ADR options and
to adequately conduct a Rule 26(f) conference after the cases are transferred and/or consolidated or
(NO. 2:15-CV-01069-MCE-DAD)

2.

SUPPLEMENTAL STIPULATION TOCONTINUE DEADLINE
TO FILE JOINT STATUS REPORT AND CORRESPONDING
DEADLINES; ORDER THEREON

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coordinated.

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On July 20, 2015, this Court granted the Parties’ request for an extension of the July

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17, 2015 Joint Status Report deadline (ECF Doc. No. 10). The Court extended the deadline to

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August 17, 2015.

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Since the Court’s order, the Parties have been working diligently to coordinate

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Krueger with the Viceral action. Counsel for Parties in both actions have met and conferred on

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numerous occasions. Ultimately, the Parties have agreed that Krueger will be combined with Viceral

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before the Northern District of California by way of filing an amended complaint in Viceral and

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adding the Krueger parties and claims to the complaint. Thereafter, the Krueger Plaintiffs will

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request dismissal of this action before this Court. This agreed-upon coordination of the two cases

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implicates several procedural steps including, but not limited to: coordinating Plaintiffs’ Counsel in

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both matters; drafting an agreed upon amended complaint; and drafting an agreed upon request for

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dismissal. The Parties have been working to complete all the necessary steps for coordination;

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however, they require additional time to finalize all procedural filings and pleadings. The Parties

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project that all steps for the complete coordination of Krueger and Viceral will be completed in the

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next three (3) weeks. Accordingly, the Parties submit this supplemental stipulation to extend the

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deadlines.

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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 from the August 17, 2015 Joint Status Report deadline, until

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September 4, 2015, or as soon thereafter as practicable to allow for coordination with the Viceral

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action and dismissal of Krueger.

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

3.

SUPPLEMENTAL STIPULATION TOCONTINUE DEADLINE
TO FILE JOINT STATUS REPORT AND CORRESPONDING
DEADLINES; ORDER THEREON

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Dated: August 14, 2015

SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS LLP

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By: /s/ Carolyn Hunt Cottrell
CAROLYN HUNT COTTRELL
NICOLE N. COON
Attorneys for Plaintiff

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Dated: August 14, 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 ON STIPULATION
Having reviewed the foregoing stipulation and for good cause appearing, the Joint
Status Report and corresponding meet and confer and other related deadlines shall be continued from
the August 17, 2015 Joint Status Report deadline, until September 4, 2015, or as soon thereafter as
practicable to allow for coordination with Edgar Viceral v. Mistras Group, Inc., Case No. 3:15-cv02198-EDL and dismissal of the pending matter, David Krueger v. Mistras Group, Inc., Case No.
2:15-cv-01069-MCE-DAD.
IT IS SO ORDERED.
Dated: August 19, 2015

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

4.

SUPPLEMENTAL STIPULATION TOCONTINUE DEADLINE
TO FILE JOINT STATUS REPORT AND CORRESPONDING
DEADLINES; ORDER THEREON