Morales et al v. Leggett & Platt Incorporated et al

Filing 20

STIPULATION and ORDER signed by District Judge John A. Mendez on 7/25/16 ORDERING that the deadline for Plaintiff to file a motion for class certification and a motion to certify a collective action is CONTINUED to 3/30/2017. Opposition shall be filed nolater than 4/27/2017; Reply shall be filed no later than 5/18/2017. Motion Hearing is SET for 6/6/2017 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (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 SHOOK, HARDY & BACON L.L.P.
William C. Martucci*
9 [e-mail]
Carrie A. McAtee*
10 [e-mail]
2555 Grand Blvd.
11 Kansas City, Missouri 64108
Telephone: [phone]
12 Facsimile: 816-421-5547
13 *admitted pro hac vice
14 Attorneys for Defendants
Leggett & Platt, Incorporated
15 and L&P Financial Services Co.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 2:15-cv-01911-JAM-EFB

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EDGAR MORALES, SALVADOR MAGAÑA, AND
20 MATTHEW BAGU on behalf of themselves, the State
STIPULATION AND ORDER TO REof California, and all other similarly situated
21 individuals,
SET CLASS CERTIFICATION
SCHEDULE
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(AS MODIFIED BY THE COURT)
PLAINTIFFS,
v.
23 LEGGETT & PLATT INCORPORATED, a Missouri
Corporation, L&P FINANCIAL SERVICES CO., a
24 Delaware Corporation, and DOES 2-20, inclusive,
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DEFENDANTS.

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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 August 8, 2016. Plaintiffs
4 seek to re-set this deadline to March 30, 2017. There is good cause for modifying the existing
5 deadline, and the need to do so is no fault of either party.
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The Parties have diligently pursued discovery in this matter. Plaintiffs have served

7 interrogatories and document requests. The Parties are conferring over production of class member
8 records, and the availability of records in electronic format. Additionally, the parties are in the
9 process of finalizing a Protective Order. Said Protective Order is meant to ensure confidentiality
10 and of private information. The Parties anticipate that the protective order will facilitate the
11 production of class member records and Defendants have indicated that they will be producing
12 such records.
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Plaintiffs’ anticipate that the parties will continue to meet and confer over Defendants’

14 document production. Production of records and disclosure of class member contact information is
15 necessary prior to moving for class certification.
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Based on the foregoing, the Parties have agreed to request that the Court continue the

17 deadline for Plaintiffs to file a Motion for Class Certification to March 30, 2017, and to establish
18 the following briefing schedule:
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Opposition: April 27, 2017

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Reply: May 18, 2017

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Hearing: June 6, 2017 at 1:30 p.m.

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Respectfully submitted,

24 DATED: July 22, 2016

MALLISON & MARTINEZ

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By:

/S/ Marco A. Palau _________
Marco A. Palau
Attorneys for PLAINTIFFS

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

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SHOOK HARDY & BACON L.L.P.
DATED: July 22, 2016
By:__/S/ Carrie A. Martucci___________
William C. Martucci*
Carrie A. McAtee*
2555 Grand Blvd.
Kansas City, Missouri 64108
Telephone: [phone]
Facsimile: 816-421-5547
Email: [e-mail]
[e-mail]
*admitted pro hac vice
Tammy B. Webb (SBN: 227593)
One Montgomery, Suite 2700
San Francisco, California 94104-2828
Telephone: [phone]
Facsimile:
415-391-0281
Email:
[e-mail]

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Attorneys for Defendants
Leggett & Platt, Incorporated

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and L&P Financial Services Co

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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 March 30, 2017; Opposition shall be filed no
5 later than April 27, 2017; Reply shall be filed no later than May 18, 2017.
6 Hearing on the motion is set for June 6, 2017 at 1:30 p.m.
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IT IS SO ORDERED.

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9 Dated: 7/25/2016

/s/ John A. Mendez____
Hon. John A. Mendez

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