Gundersen v. Lennar Associates Management, LLC et al

Filing 143

ORDER re 142 Stipulation to Stay Proceeding from 8/20/2010 to and including 11/12/2010 filed by Lennar Corporation, Lennar Associates Management, LLC.. Signed by Judge Charles R. Breyer on 9/15/2010. (be, COURT STAFF) (Filed on 9/16/2010)

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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: [phone] Facsimile: [phone] Richard J. (Rex) Burch (admitted Pro Hac Vice) BRUCKNER BURCH PLLC 1415 Louisiana, Suite 2125 Houston, Texas 77002 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Proposed Putative Class Cindi L. Pusateri (CA State Bar No. 216899) [e-mail] Hien Nguyen (CA State Bar No. 229794) [e-mail] MEYER WHITE LLP 600 Wilshire Blvd., Suite 960 Los Angeles, California 90017 Telephone: [phone] Facsimile: [phone] Theodore ("Ted") D. Meyer (admitted pro hac vice) [e-mail] Julia Lynn Nye (CA State Bar No. 160092) [e-mail] MEYER WHITE LLP 600 Travis Street, Suite 900 Houston, Texas 77002 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Lennar Associates Management, LLC and Lennar Corporation dba Lennar Homes 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 - 10, inclusive, Defendants. -1STIPULATED MOTION TO STAY C-09-2270 CRB

Case No. C-09-2270 CRB STIPULATED MOTION [AND PROPOSED ORDER] TO STAY PROCEEDINGS Honorable Charles R. Breyer

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Subject to the approval of the Court, Plaintiff Eric Gundersen ("Plaintiff") and defendants Lennar Associates Management, LLC, and Lennar Corporation dba Lennar Homes ("Lennar" or "Defendants"), through their respective counsel of record, hereby stipulate to a stay of all proceedings, as set forth below, and they show the following: 1. The parties attended mediation with David Rotman in March 2010, and they have

been negotiating settlement in good faith since then. The parties have reached a tentative agreement on several terms for settlement, including confidentiality. The parties believe that a brief stay of proceedings will assist them in focusing on finalizing proposed settlement terms and will help mitigate against incurring unnecessary legal fees and costs. 2. 3. This lawsuit was filed on April 20, 2009. No trial date has been set in this matter, and this matter has not previously been

4.

Four motions are currently pending and set for hearing on November 12, 2010.

See D.E. 139, Order Resetting Hearings to November 12, 2010. Those hearings are: (1) Plaintiff's motion for leave to file an amended complaint to add FLSA claims, (2) Plaintiff's motion for conditional certification and notice under the FLSA, (3) Lennar's motion to deny class certification under Rule 23 of the Federal Rules of Civil Procedure, and (4) Plaintiff's motion to dismiss Lennar's Counterclaim. [D.E. #46, 59/61, 100, and 132, respectively]. 5. 6. No other deadlines or events are scheduled in this matter. The parties respectfully request that the motions set for hearing on November 12,

2010 be stayed and that the November 12 hearings be removed from the Court's schedule. The parties also request that the November 12th date be reserved for an uncontested Plaintiff's Motion for Preliminary Approval of Class/Collective Action Settlement. If the parties are unable to finalize their proposed settlement and present it to the Court in time for the November 12th hearing, they will seek to reschedule the four contested motions for hearing as soon as possible thereafter. 7. The parties further request that this case be stayed in its entirety, under the

following additional terms: -2STIPULATED MOTION TO STAY C-09-2270 CRB

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a.

The case will be completely stayed, including issuance of any notices of

this lawsuit to potential putative class members, until and including November 12, 2010 (the "Stay"); b. All discovery will be stayed until November 12, 2010 and no discovery

will be sent during the period of the Stay, including notices of deposition; c. All motion amendment/supplementation, response, and reply deadlines

associated with the motions currently set for hearing on November 12, 2010 shall be vacated and will be established, as per the Federal Rules of Civil Procedure and local rules of this Court, based on the new hearing date; and d. No motions to compel or other motions or requests for relief shall be filed

during the period of the Stay, except for (i) motions to enforce or extend this Stipulation, (ii) motions for review and approval of settlement (including motions to submit a proposed agreement in camera or under seal), or (iii) motions for protection to protect confidentiality associated with the proposed settlement. e. The tolling agreement memorialized in paragraph 2 of the Court's July 22,

2010 Order (D.E. 139) remains in effect and 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 the period from and including August 20, 2010 to and including November 12, 2010. No claims shall be revived with respect to which the statute of limitations had already run as of August 20, 2010. 8. This brief stay is sought for purposes of judicial economy and not for any undue

delay or improper purpose. Dated: September 15, 2010 Respectfully submitted, Bruckner Burch PLLC

By: /s/ Richard J. (Rex) Burch Richard ("Rex") J. Burch Counsel for Plaintiff ERIC GUNDERSEN -3STIPULATED MOTION TO STAY C-09-2270 CRB

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Dated: September 15, 2010

MEYER WHITE LLP By: /s/ Cindi L. Pusateri Cindi L. Pusateri Counsel for Defendants LENNAR ASSOCIATES MANAGEMENT, LLC and Defendant LENNAR CORPORATION dba LENNAR HOMES

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ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. The hearings set for November 12, 2010 are vacated, and a stay of proceeding is entered in accordance with the parties' stipulation set forth above. September 12, 2010 Dated: ___________________________

HON. CHARLES R. BREYER

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