Morales et al v. Leggett & Platt Incorporated et al

Filing 29

ORDER signed by District Judge John A. Mendez on 9/27/2017 ORDERING the briefing schedule and hearing date on Plaintiffs' motion for class certification is CONTINUED Moving Papers due by 11/6/2017; Opposition due by 12/8/2017; Replies due by 12/29/2017; and Hearing shall be set for 1/16/2018 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez.(Reader, L)

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 RESET CLASS CERTIFICATION
of California, and all other similarly situated
21 individuals,
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 the briefing schedule and hearing date for Plaintiffs’
3 motion for class certification. There is good cause for modifying the existing schedule, and the
4 need to do so is no fault of either party.
5

The Parties have diligently pursued discovery in this matter. Plaintiffs have served written

6 discovery and have taken depositions of persons designated to testify on behalf of the defendant
7 entities. Defendants have produced a large set of time and payroll records of putative class
8 members, as well as various policy-oriented documents. A significant portion of class member
9 records is electronic, and these records have been produced. However, time records for a
10 significant portion of the class period are only available in paper form, and production of those
11 records could not be produced until August 23, 2017.
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Due to scheduling conflicts and the additional time required to produce records, Plaintiffs

13 were not able to proceed with the deposition of the entity defendants on certain timekeeping and
14 payroll topics until September 12 and 13, 2017. Further, Plaintiffs have not yet completed the
15 analysis and processing of data necessary for class certification, in particular the analysis of paper
16 records which are being converted to electronic format to be used efficiently in litigation. In
17 addition, the Parties are scheduling the deposition of named plaintiffs, which Defendants prefer to
18 occur prior to class certification. Finally, a number of documents responsive to discovery have
19 been identified in deposition. The Parties are meeting and conferring regarding the production of
20 these additional documents and anticipate that additional time is needed in order to complete this
21 production.
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Despite the exercise of diligence in pursuing discovery, the Parties are still working to

23 complete discovery necessary for class certification. As such, the Parties respectfully request a
24 continuance of all existing dates as proposed in the schedule below, or on a schedule that is suitable
25 to the Court.
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Current Date

New Date

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Moving Papers:

9/29/17

11/6/17

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Opposition:

10/27/17

12/8/17

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

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Reply:

11/17/17

12/29/17

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Hearing:

12/5/17

1/16/18

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Respectfully submitted,

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5

DATED: September 27, 2017

MALLISON & MARTINEZ

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By: _/s/Marco A. Palau ________
Marco A. Palau
Attorneys for PLAINTIFFS

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10 DATED: September 27, 2017
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SHOOK HARDY & BACON L.L.P.
By:__/s/William C. 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]
Attorneys for Defendants
Leggett & Platt, Incorporated
and L&P Financial Services Co

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

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ORDER
For good cause appearing, the briefing schedule and hearing date on Plaintiffs’ motion for

3 class certification is continued as follows:
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Current Date

New Date

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Moving Papers:

9/29/17

11/6/17

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Opposition:

10/27/17

12/8/17

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Reply:

11/17/17

12/29/17

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Hearing:

12/5/17

1/16/18 at 1:30 p.m.

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IT IS SO ORDERED.

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12 Dated: 9/27/2017

/s/ John A. Mendez_______________

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U. S. District Court Judge

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