Gundersen v. Lennar Associates Management, LLC et al

Filing 127

ORDER to continue hearingre 124 Stipulation, filed by Lennar Corporation, Lennar Associates Management, LLC, Set/Reset Deadlines as to 124 Stipulation, 46 MOTION for Leave to File First Amended Complaint, 59 MOTION for Hearing to facilitate collective action notice. Motion Hearing set for 8/20/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco. Signed by Judge Charles R. Breyer on 6/23/2010. (be, COURT STAFF) (Filed on 6/24/2010)

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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 27 28 Cindi L. Pusateri (CA State Bar No. 216899) cpusateri@meyerwhite.com MEYER WHITE LLP 515 S. Flower Street, Suite 3600 Los Angeles, California 90071 Telephone: (213) 236-3660 Facsimile: (213) 236-3661 Theodore ("Ted") D. Meyer (admitted pro hac vice) tmeyer@meyerwhite.com Julia Lynn Nye (CA State Bar No. 160092) jnye@meyerwhite.com MEYER WHITE LLP 600 Travis Street, Suite 900 Houston, Texas 77002 Telephone: (713) 951-1400 Facsimile: (713) 951-1499 Attorneys for Defendants Lennar Associates Management, LLC and Lennar Corporation dba Lennar Homes Aaron Kaufmann, Cal. Bar No. 148580 David Pogrel, Cal. Bar No. 203787 Hinton, Alfert & Sumner 1646 North California Boulevard, Suite 600 Walnut Creek, California 94596 Telephone: (925) 932-6006 Facsimile: (925) 932-3412 Richard J. (Rex) Burch, Texas Bar No.24001807 (Pro Hac Vice) BRUCKNER BURCH PLLC 1000 Louisiana Street, Suite 1300 Houston, Texas 77002 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 Attorneys for Plaintiff and Proposed Putative Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ERIC GUNDERSEN, on behalf of himself and all others similarly situated, Plaintiff, v. LENNAR ASSOCIATES MANAGEMENT, LLC; LENNAR CORPORATION dba LENNAR HOMES, and DOES 1 through 10, inclusive, Defendants. STIPULATION AND [PROPOSED ORDER] TO CONTINUE HEARING ON PLAINTIFF'S MOTION CASE NO.: C-09-2270 CRB Case No. C-09-2270 CRB STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON PLAINTIFF'S MOTION FOR FLSA CONDITIONAL CERTIFICATION AND MOTION FOR LEAVE TO AMEND COMPLAINT 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 27 28 Pursuant to Rule 4 of the Honorable Judge Breyer's Standing Order, and subject to the Court's approval, Defendants Lennar Associates Management, LLC, and Lennar Corporation dba Lennar Homes, (collectively "Lennar"), and Plaintiff Eric Gundersen ("Gundersen") hereby stipulate to a continuance of Plaintiff's Motion for FLSA Certification [D.E. #61, amending original motion at D.E. #59] ("FLSA Motion") and Motion for Leave to Amend Complaint [D.E. #46] ("Motion to Amend Complaint") (collectively, "Motions"), currently scheduled for June 25, 2010, to reset the Motions for hearing on August 20, 2010, and they show as follows: 1. The parties desire to engage in further settlement discussions and focus their efforts on attempting to resolve this action without incurring the additional attorneys' fees and costs associated with Plaintiff's Motions. 2. To allow the parties sufficient time to engage in a further settlement dialogue, the parties hereby stipulate to and respectfully request that the Court approve a continuance of the hearing on Plaintiff's Motions to August 20, 2010, at 10:00 a.m. 3. The parties further stipulate and agree to toll the statute of limitations as a legal defense to Plaintiff's proposed cause of action for violation of the federal Fair Labor Standards Act, 29 U.S.C. 201, et seq., for a Tolling Period consisting of the 30-day period from and including June 25, 2010 until July 24, 2010. 4. This tolling will not act as a revival of any limitations period for claims for which the applicable limitations period(s) have already expired as of the date of this stipulation. 5. By stipulating to a Tolling Period as described above, Lennar preserves its objections to the inclusion of an FLSA claim in this action and does not waive its right to oppose Plaintiff's motion for leave to amend to add an FLSA claim to his complaint. 6. By stipulating to a Tolling Period as described above, Plaintiff does not waive his request for further equitable tolling as set forth in his FLSA Motion [D.E. #61], and Lennar reserves its right to oppose Plaintiff's request for any further equitable tolling. /// /// STIPULATION AND [PROPOSED ORDER] TO CONTINUE HEARING ON PLAINTIFF'S MOTION CASE NO.: C-09-2270 CRB -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Dated: June 23, 2010 MEYER WHITE LLP By:/s/ Cindi L. Pusateri Cindi L. Pusateri Counsel for Defendants LENNAR ASSOCIATES MANAGEMENT, LLC; LENNAR CORPORATION dba LENNAR HOMES Dated: June 23, 2010 HINTON, ALFERT & SUMMER By:/s/ Aaron D. Kaufmann Aaron D. Kaufmann Counsel for Plaintiff ERIC GUNDERSEN ORDER PURSUANT TO THE STIPULATION, IT IS ORDERED. The hearing on Plaintiff's Motion for FLSA Certification and Motion for Leave to Amend Complaint presently set for June 25, 2010, is continued to 10:00 a.m. on August 20, 2010. The statute of limitations on Plaintiff's proposed claim for unpaid overtime under the Fair Labor Standards Act, 29 U.S.C. 201, et seq., is tolled for a 30-day Tolling Period consisting of the period from and including June 25, 2010 until July 24, 2010. Dated: ___________________________ June 23, 2010 UNIT ED 21 22 23 24 25 26 27 28 S S DISTRICT TE C TA __________________________________ HON. CHARLESERED RD R. BREYER . Breyer RT U O ER N F D IS T IC T O R -3- STIPULATION AND [PROPOSED ORDER] TO CONTINUE HEARING ON PLAINTIFF'S MOTION CASE NO.: C-09-2270 CRB A C LI FO J arles R udge Ch R NIA IT IS S OO NO RT H

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