Alexander et al v. FedEx Ground Package System, Inc. et al

Filing 107

STIPULATION AND ORDER re 106 JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE INITIAL MOTIONS AND OPPOSITIONS) filed by FedEx Ground Package System, Inc.. Signed by Judge Edward M. Chen on 5/13/15. (bpf, COURT STAFF) (Filed on 5/13/2015)

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CAROLYN KUBOTA (S.B. #113660)
[e-mail]
SCOTT VOELZ (S.B. #181415)
[e-mail]
O’MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, California 90071-2899
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
FedEx Ground Package System, Inc.

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BETH A. ROSS (SBN 141337)
[e-mail]
AARON D. KAUFMANN (SBN 148580)
[e-mail]
DAVID P. POGREL (SBN 203787)
[e-mail]
ELIZABETH R. GROPMAN (SBN 294156)
[e-mail]
LEONARD CARDER, LLP
1330 Broadway, Suite 1450
Oakland, California 94612
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Dean Alexander, et al.,
Plaintiffs,

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v.

Case No. 3:05-cv-38 EMC
JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND
TIME TO FILE INITIAL MOTIONS
AND OPPOSITIONS

FedEx Ground Package System, Inc., et al.,
Defendant.

Hearing Date: July 30, 2015
Judge: Hon. Edward M. Chen

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JOINT STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO FILE
MOTIONS AND O 3:05-CV-38 EMC

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JOINT STIPULATION EXTENDING TIME TO FILE INITIAL MOTIONS AND

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OPPOSITIONS
WHEREAS, on April 6, 2015, the Court adopted the Proposed Case Management Order
filed by FedEx Ground Package System, Inc., on April 2, 2015 (ECF No. 102);
WHEREAS, that Order set forth a briefing schedule by which the Defendant’s initial

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motions are due May 14, 2015, Plaintiffs’ oppositions are due June 25, 2015, Defendant’s replies

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are due July 15, 2015, and a hearing is scheduled for July 30, 2015;

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WHEREAS, those motions include (1) a motion to clarify the class definitions with
respect to the requirement that class members “drove a vehicle on a full-time basis (meaning

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exclusive of time off for commonly excused employment absences)”; (2) a motion to limit

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Plaintiffs’ recoverable damages period; and (3) a motion to limit Plaintiffs’ recovery for certain

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categories of work-related expenses under the California Labor Code;

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WHEREAS, parties are attempting to reach stipulations and agreements regarding a
number of potentially contested issues in these motions;
WHEREAS, parties agree that an extension in the briefing schedule would assist in this
process;
WHEREAS, Plaintiffs consent to an extension of the time for FedEx Ground Package
System, Inc., to file its initial motions to May 21, 2015;
WHEREAS, Defendant consents to an extension of the time for Plaintiffs to file its
oppositions to July 1, 2015;
WHEREAS, this extension will not change the July 15, 2015 filing deadline for
Defendant’s replies, nor will it change the July 30, 2015 hearing date set by the Court;
THEREFORE, IT IS HEREBY STIPULATED by Plaintiffs and FedEx Ground Package

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System, Inc., through their counsel of record, that FedEx Ground Package System, Inc., will have

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up to and including May 21, 2015, to file its motions, and Plaintiffs will have up to and including

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July 1, 2015, to file their oppositions to those motions.

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JOINT STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO FILE
MOTIONS AND O 3:05-CV-38 EMC

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Dated: May 13, 2015

By:

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/s/ Beth A. Ross
Beth A. Ross

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LEONARD CARDER, LLP
1330 Broadway, Suite 1450
Oakland, California 94612
Tel: [phone]

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Attorneys for Plaintiffs

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By:

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/s/ Scott M. Voelz
Carolyn Kubota
Scott Voelz

O’MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, California 90071
Tel: [phone]
Attorneys for Defendant
FedEx Ground Package System, Inc.

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JOINT STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO FILE
MOTIONS AND O 3:05-CV-38 EMC

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FILER’S ATTESTATION

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Pursuant to Local Rule 5–1(i)(3), I hereby attest that the other signatory listed, on whose behalf

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the filing is submitted, concurs in the filing’s content and has authorized the filing.

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Dated: May 13, 2015

O’MELVENY & MYERS LLP

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By:

/s/ Scott M. Voelz
Scott Voelz

Attorney for Defendant
FedEx Ground Package System, Inc.

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JOINT STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO FILE
MOTIONS AND O 3:05-CV-38 EMC

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ORDER
PURSUANT TO STIPULATION, the Court orders the following schedule for
briefing and argument of the motions described above:

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Event / Item Due

Date / Deadline

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Defendant’s Motions Due

May 21, 2015

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Plaintiffs’ Oppositions to Motions Due

July 1, 2015

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Defendant’s Replies to Motions Due

July 15, 2015

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Motions Heard

July 30, 2015

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U.S. District Judge

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Dated: May ___, 2015

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JOINT STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO FILE
MOTIONS AND O 3:05-CV-38 EMC