Austin v. Finishline Express LLC et al

Filing 12

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 8/2/2022 CONTINUING the proceeding shall be STAYED until 9/2/2022. All deadlines and statute of limitations on potential wage claims shall be tolled for the Parties and Cla ss Members until 30 days after the end of the Stay Period. The deadline for Defendants to file their responses to Plaintiff's Complaint is EXTENDED to 30 days after the end of the tolling period. The Initial Scheduling Conference set for 8/24/2022 is VACATED and RESETfor 11/3/2022 at 2:30 p.m., with the filing of a joint status report due 14days prior.(Perdue, C.)

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  1 2 3 4 5 6 7 Alexandra K. Piazza (SBA 341678) Sophia Rios (SBA 305801) BERGER MONTAGUE PC 401 B Street, Suite 2000 San Diego, CA 92101 Tel: (619) 489-0300 apiazza@bm.net srios@bm.net Attorneys for Plaintiff and the Proposed Collective and Class 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 9 10 11 DWAYNE AUSTIN, individually and on behalf of all persons similarly situated, 12 Plaintiff, 13 14 15 16 17 18 19 v. FINISHLINE EXPRESS LLC and DHL EXPRESS (USA) INC. d.b.a. DHL EXPRESS, Defendants. : : : : : : : : : : : : : Civil Action No.: 2:21-cv-02100-KJM-DB CLASS AND COLLECTIVE ACTION JURY TRIAL DEMANDED STIPULATION AND ORDER TO CONTINUE STAY OF CASE PENDING ALTERNATIVE DISPUTE RESOLUTION AND TOLLING 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER TO CONTINUE TO STAY CASE PENDING ALTERNATIVE DISPUTE RESOLUTION AND TOLLING     1 [Additional Counsel] 2 6 Ace T. Tate Amanda L. Iler MARTENSON, HASBROUCK & SIMON LP 455 Capitol Mall, Suite 400 Sacramento, CA Phone: (279) 895-6519 atate@martensonlaw.com ailer@martensonlaw.com 7 Attorney for Defendant Finishline Express, LLC 3 4 5 8 13 Linda Cooper Schoonmaker Brian A. Wadsworth SEYFARTH SHAW LLP 700 Milam Street, Suite 1400 Houston, TX 77002 713-860-0083 Fax: 713-821-0656 lschoonmaker@seyfarth.com bawadsworth@seyfarth.com 14 Attorneys for Defendant DHL Express (USA), Inc. 9 10 11 12 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2  STIPULATION AND ORDER TO CONTINUE TO STAY CASE PENDING ALTERNATIVE DISPUTE RESOLUTION AND TOLLING     1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATION AND PROPOSED ORDER TO CONTINUE STAY OF CASE PENDING ALTERNATIVE DISPUTE RESOLUTION AND TOLLING Plaintiff Dwayne Austin (“Plaintiff”) and Defendants Finishline Express (“Finishline”) and DHL Express (USA) Inc. d.b.a. DHL Express (“DHL”) (collectively, the “Parties”), through their undersigned counsel, hereby stipulate as follows: 1. The Parties met and conferred regarding a possible stay and to engage in ADR to attempt to resolve the case, which led to the agreement to schedule a private mediation with experienced mediator Dennis Clifford, Esq. 2. On January 14, 2022, the Parties informed the Court of these efforts by submitting a stipulation to stay the case until May 31, 2022, pending settlement efforts, (ECF No. 6), which the Court approved (ECF No. 8). The Court further tolled the statute of limitations on potential wage claims for the Parties and Class Members. (ECF No. 8.) 3. Currently, Defendants’ respective responses to Plaintiff’s Complaint are due July 25, 2022. The Initial Scheduling Conference was reset to August 25, 2022. (ECF No. 8.) 4. On May 26, 2022, the Parties participated in a remote mediation with Dennis Clifford, Esq. The mediation was unsuccessful, however, the Parties agreed to consider a second mediation. 5. On June 29, 2022, the Parties met and conferred regarding continued alternative dispute resolution and agreed to continue potential settlement discussions, including the exchange of additional documents and information. 6. To allow the Parties to focus on ADR-related process set forth above, and to promote judicial economy, the Parties respectfully request a stay of these proceedings from the date of the filing of this Stipulation until September 2, 2022 (the “Stay Period”). The Parties agree that all deadlines and statute of limitations on potential wage claims shall be tolled for the Parties and Class Members. Such tolling shall begin upon approval of this stipulation by the Court and continue until thirty (30) days after the Stay Period. The Parties further respectfully 27 28 3  STIPULATION AND ORDER TO CONTINUE TO STAY CASE PENDING ALTERNATIVE DISPUTE RESOLUTION AND TOLLING     1 request that the deadline for Defendants to file their responses to Plaintiff’s Complaint be 2 extended to 30 days after the end of the tolling period. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 7. On or before September 2, 2022, the Parties will submit a joint status report apprising the Court as to the status of the settlement discussions. WHEREFORE, the Parties respectfully request that the Court enter this stipulation as an Order. Pursuant to Local Rule 131(e) filing counsel represents they have obtained the approval of the undersigned prior to submission. Dated: July 18, 2022 Respectfully submitted, /s/ Alexandra K. Piazza Alexandra K. Piazza Sophia Rios BERGER MONTAGUE PC 401 B Street, Suite 2000 San Diego, CA 92101 Tel: (619) 489-0300 apiazza@bm.net srios@bm.net /s/ Amanda L. Iler (as authorized on 7/18/2022) Ace T. Tate Amanda L. Iler MARTENSON, HASBROUCK & SIMON LP 455 Capitol Mall, Suite 400 Sacramento, CA Phone: (279) 895-6519 atate@martensonlaw.com ailer@martensonlaw.com Attorneys for Plaintiff and the Proposed Classes Attorneys for Defendant Finishline Express, LLC 19 20 21 22 23 24 25 26 27 28 /s/ Linda Cooper Schoonmaker (as authorized on 7/18/2022) Linda Cooper Schoonmaker SEYFARTH SHAW LLP 700 Milam Street, Suite 1400 Houston, TX 77002 Telephone: 713-860-0083 Facsimile: 713-821-0656 lschoonmaker@seyfarth.com Philip J. Ebsworth California Bar No. 311026 SEYFARTH SHAW LLP 4  STIPULATION AND ORDER TO CONTINUE TO STAY CASE PENDING ALTERNATIVE DISPUTE RESOLUTION AND TOLLING     1 400 Capitol Mall, Suite 2350 Sacramento, California 95814 Telephone: (916) 498-7012 Facsimile: (916) 558-4839 pebsworth@seyfarth.com 2 3 4 Attorneys for Defendant DHL Express (USA), Inc. 5 6 7 8 ORDER 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The court has reviewed the parties’ stipulation, ECF No. 11. Good cause appearing, the court orders: 1. The proceeding shall be stayed until September 2, 2022. 2. All deadlines and statute of limitations on potential wage claims shall be tolled for the Parties and Class Members until thirty (30) days after the end of the Stay Period. 3. The deadline for Defendants to file their responses to Plaintiff’s Complaint is extended to 30 days after the end of the tolling period. 4. The Initial Scheduling Conference set for August 24, 2022 is VACATED and RESET for November 3, 2022 at 2:30 p.m., with the filing of a joint status report due fourteen days prior. IT IS SO ORDERED. DATED: August 2, 2022. 25 26 27 28 5  STIPULATION AND ORDER TO CONTINUE TO STAY CASE PENDING ALTERNATIVE DISPUTE RESOLUTION AND TOLLING

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