Butler v. Central Transport, LLC

Filing 22

STIPULATION and ORDER REGARDING DISCOVERY DISCLOSURES; ORDER GRANTING STIPULATION IN PART signed by District Judge Kimberly J. Mueller on 6/5/18. The court APPROVES paragraphs 1 and 3 of the parties' stipulation. Paragraph 2 is modified as foll ows: Upon receipt of the information from Defendant, Plaintiff shall have forty (40) days to file a motion to amend his Complaint. If no motion to amend is filed, the parties shall file a joint status report within the next fourteen (14) days providing all the information called for by this court's standing orders.(Mena-Sanchez, L)

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Christian Keeney CA Bar No. 269533
[e-mail]
Alis M. Moon CA Bar No. 293897
[e-mail]
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
Park Tower, Fifteenth Floor
695 Town Center Drive
Costa Mesa, CA 92626
Telephone: [phone]
Facsimile: 714.754.1298
Attorneys for Defendant
Central Transport, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RANDALL BUTLER,
Plaintiff,

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v.
CENTRAL TRANSPORT, LLC,
DOES 1 to 20,

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Defendants.
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Case No. 17-cv-02710-KJM-CMK
JOINT STIPULATION REGARDING
DISCOVERY DISCLOSURES;
ORDER GRANTING STIPULATION
IN PART
Complaint Filed:
Trial Date:
District Judge:

September 1, 2017
None Set
Kimberly J. Mueller

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Butl.2710.Stip.LF.k
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Case No. 17-cv-02710-KJM-CMK
JOINT STIPULATION REGARDING DISCOVERY DISCLOSURES

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Plaintiff Randall Butler (“Plaintiff”) and Defendant Central Transport, LLC

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(“Defendant”) (collectively referred to as “the parties”) hereby enter into the

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following Stipulation regarding discovery disclosures:

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WHEREAS, on May 3, 2018, Plaintiff indicated that intended to amend his
Complaint to bring class and/or collective action claims against Defendant;
WHEREAS, on May 10, 2018, the parties attended the Court’s Initial
Scheduling Conference; and,

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WHEREAS, at the Initial Scheduling Conference, the parties agreed to engage

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in certain discovery to allow Plaintiff to determine whether he intends to file a

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motion to amend his pleadings to bring class and/or collective action claims against

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Defendant.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by
and between the parties, and respectfully requested that the Court approve the same:
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Within 40 days of the Court’s approval of this Stipulation, Defendant

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agrees to answer Plaintiff’s interrogatories and respond to Plaintiff’s request for

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production listed below:

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Interrogatory No. 1:

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As to any location in any state where Defendant Central Transport, LLC

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employs a terminal manager or any person in a similar position, please list the

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address of each location and the number of such persons at each location.

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Interrogatory No. 2:

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Please state all facts upon which you base your claim that Plaintiff Randall

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Butler was an employee exempt from the wage and hour laws of California.

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Request for Production:

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Please produce all writings upon which you base your denial that Plaintiff

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Randall Butler was an employee exempt from the wage and hour laws of California.

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Butl.2710.Stip.LF.k
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Case No. 17-cv-02710-KJM-CMK
JOINT STIPULATION REGARDING DISCOVERY DISCLOSURES

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Nothing contained herein shall constitute a waiver of any privilege. Defendant

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shall provide a privilege log as to any information or document it declines to provide

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based on privilege.

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2.

Upon receipt of the information from Defendant, Plaintiff shall have 40

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days to inform the Court whether Plaintiff intends to amend his Complaint. If

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Plaintiff communicates his intent to amend his Complaint, the Court shall issue a

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briefing schedule for Plaintiff’s Motion for Leave to Amend.

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3.

Other than the discovery described herein, all other discovery shall be

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stayed until Plaintiff determines whether he will amend his Complaint. In the event

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Plaintiff moves to amend his Complaint, the parties agree that discovery shall be

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stayed until the Court determines whether Leave to Amend should be granted.

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DATED: May 25, 2018

LAW OFFICES OF MICHAEL COGAN

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By: /s/ Michael Cogan
Michael Cogan
Attorneys for Plaintiff
Randall Butler

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DATED: May 25, 2018

OGLETREE, DEAKINS, NASH, SMOAK
& STEWART, P.C.

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By: /s/ Alis M. Moon
Christian Keeney
Alis M. Moon
Attorneys for Defendant
Central Transport, LLC

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Butl.2710.Stip.LF.k
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Case No. 17-cv-02710-KJM-CMK
JOINT STIPULATION REGARDING DISCOVERY DISCLOSURES

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The court approves paragraphs 1 and 3 of the parties’ stipulation. Paragraph 2
is modified as follows:

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Upon receipt of the information from Defendant, Plaintiff shall have
forty (40) days to file a motion to amend his Complaint. If no motion to
amend is filed, the parties shall file a joint status report within the next
fourteen (14) days providing all the information called for by this
court’s standing orders.

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IT IS SO ORDERED.

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7 DATED: June 5, 2018.
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UNITED STATES DISTRICT JUDGE

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Case No. 17-cv-02710-KJM-CMK
JOINT STIPULATION REGARDING DISCOVERY DISCLOSURES

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PROOF OF SERVICE
Randall Butler v. Central Transport, LLC, et al.
Case No. 17-cv-02710-KJM-CMK

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I am and was at all times herein mentioned over the age of 18 years and not a
party to the action in which this service is made. At all times herein mentioned I
5 have been employed in the County of Orange in the office of a member of the bar of
this court at whose direction the service was made. My business address is 695
Town Center Drive, Suite 1500, Costa Mesa, CA 92626.
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On June 5, 2018, I served the following document(s):

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JOINT STIPULATION REGARDING DISCOVERY DISCLOSURES

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(the original)
by placing
as follows:
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11 Michael Cogan
Attorney At Law
12 1388 Court Street, Suite E
Redding, CA 96001
13 Telephone: [phone]
Facsimile: [phone]
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BY CM/ECF: With the Clerk of the United States District Court of
California, using the CM/ECF System. The Court’s CM/ECF System will
send an e-mail notification of the foregoing filing to the parties and counsel of
record who are registered with the Court’s CM/ECF System.

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(Federal): I declare that I am employed in the office of a member of the State
Bar of this Court at whose direction the service was made. I declare under
penalty of perjury under the laws of the United States of America that the
above is true and correct.

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Attorneys for Plaintiff,
RANDALL BUTLER
Email: [e-mail];
[e-mail]

☒

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(a true copy thereof) in a sealed envelope addressed

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I declare under penalty of perjury under the laws of the United States of
America that the above is true and correct.
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Executed on June 5, 2018, at Costa Mesa, California.

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Diane Vo __________________
Type or Print Name

Signature

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34126937.1

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Case No. 17-cv-02710-KJM-CMK
JOINT STIPULATION REGARDING DISCOVERY DISCLOSURES