Butler v. Central Transport, LLC

Filing 24

STIPULATION and ORDER REGARDING DISCOVERY DISCLOSURES signed by District Judge Kimberly J. Mueller on 7/23/2018. (Zignago, K.)

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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,

Case No. 17-cv-02710-KJM-CMK

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Plaintiff,
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v.

JOINT STIPULATION AND ORDER
REGARDING DISCOVERY
DISCLOSURES

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CENTRAL TRANSPORT, LLC,

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Defendants.

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Butler.2710.Stip.LL
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JOINT STIPULATION AND ORDER 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 following

3 Stipulation regarding discovery disclosures:
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WHEREAS, on May 3, 2018, Plaintiff indicated that intended to amend his

5 Complaint to bring class and/or collective action claims against Defendant;
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WHEREAS, on May 10, 2018, the parties attended the Court’s Initial

7 Scheduling Conference; and,
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WHEREAS, at the Initial Scheduling Conference, the parties agreed to engage

9 in certain discovery to allow Plaintiff to determine whether he intends to file a motion
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to amend his pleadings to bring class and/or collective action claims against

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Defendant.

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WHEREAS, on May 25, 2018, the parties entered into a stipulation, where

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Defendant agreed to provide responses to Plaintiff’s Interrogatories and Requests for

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Production within 40 days of the Court’s approval of the Stipulation.

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WHEREAS, the Court approved this Stipulation on June 6, 2018.

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WHEREAS, the parties have revised the language of Plaintiff’s Request for

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Production as stated below from “exempt” to “non-exempt.”

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WHEREAS, Defendant has requested and Plaintiff has agreed to provide, upon

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the Court’s approval of this Stipulation, a two-week extension for Defendant to

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provide this information in order to ensure that Defendant is able to provide complete

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and full discovery responses.

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WHEREAS, Defendant has requested a settlement demand from Plaintiff and

23 believes settlement discussions will be facilitated once Plaintiff has Defendant’s
24 complete and full discovery responses.
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and

26 between the parties, and respectfully requested that the Court approve the same:
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Butler.2710.Stip.LL
.k.docx

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Defendant shall have a two-week extension to answer Plaintiff’s

interrogatories and respond to Plaintiff’s request for production listed below:
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JOINT STIPULATION AND ORDER REGARDING DISCOVERY DISCLOSURES

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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 address

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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 non-exempt from the wage and hour laws of

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California.

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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 no

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motion to amend is filed, the parties shall file a joint status report within the next

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fourteen (14) days providing all the information called for by the Court’s standing

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orders.

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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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Butler.2710.Stip.LL
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JOINT STIPULATION AND ORDER REGARDING DISCOVERY DISCLOSURES

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DATED: July 16, 2018

LAW OFFICES OF MICHAEL COGAN

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By: /s/ Michael Cogan (as authorized on 7/16/18
Michael Cogan
Attorneys for Plaintiff
Randall Butler

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DATED: July 16, 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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Butler.2710.Stip.LL
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JOINT STIPULATION AND ORDER REGARDING DISCOVERY DISCLOSURES

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PURSUANT TO THE STIPULATION made and entered into by, between, and
among the parties to the above-entitled action, as outlined above,
IT IS SO ORDERED.

4 DATED: July 23, 2018.
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UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION AND ORDER REGARDING DISCOVERY DISCLOSURES