Nance v. Ryder Integrated Logistics, Inc. et al

Filing 48

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/3/2024 STAYING all current and pending discovery in this case for 60 days. Plaintiff's deadline to file a motion for class certification is EXTENDED by 60 days to 02/28/2025. (Clemente Licea, O)

1 Carolyn H. Cottrell (SBN 166977)
Ori Edelstein (SBN 268145)
2 SCHNEIDER WALLACE
COTTRELL KONECKY LLP
3 2000 Powell Street, Suite 1400
Emeryville, California 94608
4 Telephone: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiff
TIFFENY NANCE
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[Additional Counsel Listed on Following Page]
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA

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Case No. 2:23-cv-00477-TLN-JDP

11 TIFFENY NANCE, on behalf of herself
and the Class Members,
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Plaintiff,
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[Assigned to the Honorable Troy L.
Nunley]
STIPULATION AND ORDER TO
STAY DISCOVERY FOR SIXTY
DAYS AND EXTEND
PLAINTIFF’S CLASS
CERTIFICATION DEADLINE BY
SIXTY DAYS

vs.

15 RYDER INTEGRATED LOGISTICS,
INC., a Delaware Corporation; and RYDER
16 SYSTEM, INC., a Florida Corporation,
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Defendants.
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Complaint Filed:
Trial Date:

March 13, 2023
None

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CASE NO.: 2:23-cv-00477-TLN-JDP
NANCE V. RYDER INTEGRATED LOGISTICS, INC.

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STIPULATION AND ORDER TO STAY
DISCOVERY FOR SIXTY DAYS AND
EXTEND PLAINTIFF’S CLASS
CERTIFICATION DEADLINE BY SIXTY DAYS

1 Mara D. Curtis (SBN 268869)
[e-mail]
2 Rafael N. Tumanyan (SBN 295402)
[e-mail]
3 Tanner J. Hendershot (SBN 346841)
[e-mail]
4 REED SMITH LLP
355 South Grand Avenue, Suite 2900
5 Los Angeles, CA 90071-1514
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Defendants
RYDER INTEGRATED LOGISTICS, INC.
8 and RYDER SYSTEM, INC.
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CASE NO.: 2:23-cv-00477-TLN-JDP
NANCE V. RYDER INTEGRATED LOGISTICS, INC.

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STIPULATION AND ORDER TO STAY
DISCOVERY FOR SIXTY DAYS AND
EXTEND PLAINTIFF’S CLASS
CERTIFICATION DEADLINE BY SIXTY DAYS

Plaintiff Tiffeny Nance (“Plaintiff”) and Defendants Ryder Integrated Logistics, Inc.

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2 and Ryder System, Inc. (collectively, “Ryder”) (together the “Parties”), by and through their
3 undersigned counsel, hereby enter into the below stipulation with reference to the following
4 facts:
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WHEREAS, on March 13, 2023, Plaintiff filed her class-action complaint for

6 damages against Ryder in the United States District Court for the Eastern District of
7 California, captioned Tiffeny Nance v. Ryder Integrated Logistics, Inc. et al., Case No.
8 2:23-cv-00477 (Plaintiff’s “Class Action”);
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WHEREAS, as relevant here, there are currently two related cases pending

10 against Ryder in the United States District Court for the Northern District of California:
11 Perkins v. Hadco Santa Fe Springs CA dba Ryder Integrated Logistics, Inc., Case No.
12 3:23-cv-00502-WHO & 3:23-cv-01694-WHO (“Perkins”) and Jose Johnson, et al. v.
13 Ryder Transp. Solutions, LLC, Case No. 4:22-cv- 07456-JST (“Johnson”);
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WHEREAS, on October 24, 2023, Ryder and the parties in the Perkins and

15 Johnson actions participated in a successful mediation and agreed to a settlement in
16 principle that, by definition, Ryder states encompasses the putative class and claims
17 alleged in Plaintiff’s Class Action;
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WHEREAS, the Parties previously stipulated to extend the Phase I Discovery

19 Cutoff deadline by sixty days to March 12, 2024; and
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WHEREAS, on January 3, 2024, the Parties stipulated to stay discovery in this

21 case by thirty days in exchange for Ryder providing the executed Settlement
22 Agreement to counsel in this case when it is fully executed, to give the Parties time to
23 meet and confer regarding the impact of the Perkins/Johnson settlement on this case.
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WHEREAS, in response to the Parties’ stipulation, on January 3, 2024, the Court

25 signed an order staying discovery for thirty days;
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CASE NO.: 2:23-cv-00477-TLN-JDP
NANCE V. RYDER INTEGRATED LOGISTICS, INC.

3

STIPULATION AND ORDER TO STAY
DISCOVERY FOR SIXTY DAYS AND
EXTEND PLAINTIFF’S CLASS
CERTIFICATION DEADLINE BY SIXTY DAYS

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WHEREAS, on February 1, 2024, the Parties stipulated to stay discovery for

2 another thirty days and to extend Plaintiff’s deadline to file a motion for class
3 certification by sixty days, as the Perkins/Johnson settlement had not been fully drafted;
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WHEREAS, in response to the Parties’ stipulation, on February 1, 2024, the

5 Court signed an order staying discovery for thirty days and extending the deadline for
6 Plaintiff to file a motion for class certification by thirty days, making the current
7 deadline for Plaintiff to file her motion September 6, 2024;
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WHEREAS, on February 29, 2024, the Parties stipulated to stay discovery for

9 another thirty days and to extend Plaintiff’s deadline to file a motion for class
10 certification to October 7, 2024, as the Perkins/Johnson settlement was still undergoing
11 revisions but near completion;
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WHEREAS, in response to the Parties’ stipulation, on February 29, 2024, the

13 Court signed an order staying discovery for thirty days and extending the deadline for
14 Plaintiff deadline to file a motion for class certification to October 7, 2024;
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WHEREAS, later that day, the Parties to the Perkins/Johnson matter executed

16 settlement agreement, a copy of which was provided to Plaintiff’s counsel;
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WHEREAS, on April 2, 2024, the Parties stipulated to stay discovery for another

18 sixty days and to extend Plaintiff’s deadline to file a motion for class certification to
19 December 30, 2024, as the plaintiffs in the Perkins/Johnson matter represented to
20 Defendants in this case that their Motion for Preliminary Approval would be
21 forthcoming shortly;
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WHEREAS, in response to the Parties’ stipulation, on April 2, 2024, the Court

23 signed an order staying discovery for sixty days and extending the deadline for Plaintiff
24 to file a motion for class certification to December 30, 2024;
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WHEREAS, the plaintiffs’ counsel in the Perkins/Johnson matter filed their

26 Motion for Preliminary Approval on April 17, 2024, for which a hearing was held on
27 May 29, 2024, at 2:00 p.m. before the Honorable William H. Orrick of the United
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CASE NO.: 2:23-cv-00477-TLN-JDP
NANCE V. RYDER INTEGRATED LOGISTICS, INC.

4

STIPULATION AND ORDER TO STAY
DISCOVERY FOR SIXTY DAYS AND
EXTEND PLAINTIFF’S CLASS
CERTIFICATION DEADLINE BY SIXTY DAYS

1 States District Court for the Northern District of California and further briefing on
2 certain issues was requested and the hearing date was continued to July 19, 2024;
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WHEREAS, on May 17, 2024, this Court in a related case, Tiffeny Nance v.

4 Ryder Integrated Logistics, Inc., et al., Case No. 2:23-cv-02357-TLN-JDP, agreed to
5 continue keep the pending motions to consolidate (ECF No. 33) and motion to remand
6 (ECF No. 15) in abeyance pending the preliminary approval hearing and subsequent
7 ruling in the Perkins/Johnson matter;
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WHEREAS, the Parties continue to meet and confer about the impact of the

9 Perkins/Johnson settlement on this case in order to determine whether settlement is
10 feasible at this juncture;
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WHEREAS, the Parties agree that discovery in this case and all accompanying

12 deadlines should be stayed through the Court’s anticipated ruling on the plaintiffs’
13 Motion for Preliminary Approval in the Perkins/Johnson matter in late July to
14 determine its impact on this case;
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WHEREAS, the Parties agree that discovery in this case should be stayed for an

16 additional sixty days, all discovery deadlines should be continued by an additional sixty
17 days, and Plaintiff should receive a commensurate sixty day extension of her deadline
18 to file a motion for class certification;
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IT IS HEREBY JOINTLY STIPULATED AND AGREED, by and between the

20 Parties through their respective counsel of record that:
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1.

The Parties agree that this Court enter an Order to continue to stay all

22 current and pending discovery in this case for sixty days from June 2, 2024 until August
23 1, 2024;
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2.

The Parties agree that this Court enter an Order stating that all current and

25 pending discovery deadlines be continued by sixty days; and
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CASE NO.: 2:23-cv-00477-TLN-JDP
NANCE V. RYDER INTEGRATED LOGISTICS, INC.

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STIPULATION AND ORDER TO STAY
DISCOVERY FOR SIXTY DAYS AND
EXTEND PLAINTIFF’S CLASS
CERTIFICATION DEADLINE BY SIXTY DAYS

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3.

The Parties agree that this Court enter an Order extending Plaintiff’s

2 deadline to file a motion for class certification by sixty days, from December 30, 2024
3 to February 28, 2025.
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5 IT IS SO STIPULATED.
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Dated:

June 3, 2024

SCHNEIDER WALLACE COTTRELL
KONECKY LLP

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By:

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Dated:

June 3, 2024

/s/ Carolyn H. Cottrell (as authorized on 6/3/24
Carolyn H. Cottrell
Ori Edelstein
Attorneys for Plaintiff
TIFFENY NANCE
REED SMITH LLP

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By:

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/s/ Tanner J. Hendershot
Mara D. Curtis
Rafael N. Tumanyan
Tanner J. Hendershot
Attorneys for Defendants
RYDER INTEGRATED LOGISTICS, INC.
and RYDER SYSTEM, INC.

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CASE NO.: 2:23-cv-00477-TLN-JDP
NANCE V. RYDER INTEGRATED LOGISTICS, INC.

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STIPULATION AND ORDER TO STAY
DISCOVERY FOR SIXTY DAYS AND
EXTEND PLAINTIFF’S CLASS
CERTIFICATION DEADLINE BY SIXTY DAYS

ORDER

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Pursuant to the above Stipulation, and good cause appearing, IT IS SO

3 ORDERED as follows:
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1.

All current and pending discovery in this case is stayed for sixty days from

5 June 2, 2024 until August 1, 2024.
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2.

All current and pending discovery deadlines in this case are continued by

7 sixty days.
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3.

Plaintiff’s deadline to file a motion for class certification is extended by

9 sixty days from December 30, 2024, to February 28, 2025.
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11 Dated: June 3, 2024
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Troy L. Nunley
United States District Judge

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CASE NO.: 2:23-cv-00477-TLN-JDP
NANCE V. RYDER INTEGRATED LOGISTICS, INC.

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STIPULATION AND ORDER TO STAY
DISCOVERY FOR SIXTY DAYS AND
EXTEND PLAINTIFF’S CLASS
CERTIFICATION DEADLINE BY SIXTY DAYS

SIGNATORY ATTESTATION

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The e-filing attorney hereby attests that concurrence in the content of the

3 foregoing document and authorization to file the foregoing document has been obtained
4 from the other signatory indicated by a conformed signature (/s/) within the foregoing
5 e-filed document.
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7 Dated: June 3, 2024
/s/ Tanner J. Hendershot
Tanner J. Hendershot

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CASE NO.: 2:23-cv-00477-TLN-JDP
NANCE V. RYDER INTEGRATED LOGISTICS, INC.

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STIPULATION AND [PROPOSED] ORDER TO
STAY DISCOVERY FOR SIXTY DAYS AND
EXTEND PLAINTIFF’S CLASS
CERTIFICATION DEADLINE BY SIXTY DAYS