Morales et al v. Leggett & Platt Incorporated et al

Filing 25

STIPULATION AND ORDER signed by District Judge John A. Mendez on 3/17/2017 ORDERING the plaintiff to file a Motion for Class Certification by 6/30/2017; ORDERING that any opposition to said motion be filed by 7/27/2017; ORDERING that any reply be filed by 8/18/2017; ORDERING that the Motion for Class Certification be noticed for hearing on 9/19/2017 at 01:30 PM. (Michel, G.)

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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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 March 30, 2017. Plaintiffs
4 seek to re-set this deadline to June 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. Defendants are in the process

7 of producing class member records which Plaintiffs have requested in connection with their
8 anticipated motion to certify a class pursuant to Rule 23 of the Federal Rules of Civil Procedure,
9 and motion to certify an opt-in class under the Fair Labor Standards Act. Defendants are providing
10 and updated class list, electronic payroll data, and additional payroll information. The Parties
11 continue to meet and confer with regard to production of electronic time records. Once records are
12 produced, Plaintiffs anticipate deposing the person most qualified for each Defendant on relevant
13 labor policies, and Plaintiffs position is that the deposition should occur after production of records.
14 Plaintiffs believe that both the production of records and depositions are necessary for certification.
15 Further, Plaintiffs intend to present data analysis for class certification. The expert has begun to
16 receive data that Defendants have produced in the last couple of weeks and additional data will be
17 provided as it is produced. The expert will require time to prepare his analysis for certification
18 purposes.
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Based on the foregoing, the Parties have agreed to request that the Court continue the

20 deadline for Plaintiffs to file a Motion for Class Certification to June 30, 2017, and to establish the
21 following briefing schedule:
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Opposition: July 27, 2017

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Reply: August 18, 2017

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Hearing: September 8, 2017

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Respectfully submitted,

26 DATED: March 17, 2017

MALLISON & MARTINEZ

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By:

/S/ Marco A. Palau _________

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

Marco A. Palau
Attorneys for PLAINTIFFS
Marco A. Palau
Attorneys for PLAINTIFFS

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SHOOK HARDY & BACON L.L.P.
DATED: March 17, 2017
By:_/S/ Carrie A. McAtee_______
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 June 30, 2017.
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Opposition: July 27, 2017

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Reply: August 18, 2017

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Hearing: September 19, 2017 at 1:30 p.m.

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IT IS SO ORDERED.

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13 Dated: 3/17/2017

/s/ John A. Mendez___________________

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U. S. District Court Judge John A. Mendez

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