Chavez et al v. Lumber Liquidators, Inc.

Filing 141

Order by Magistrate Judge Donna M. Ryu granting 140 Stipulation.(dmrlc2, COURT STAFF) (Filed on 7/15/2014)

Case3:09-cv-04812-SC Document140 Filed07/14/14 Page1 of 3

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DAVID GARCIA, Esq., SBN 218356
TAFOYA & GARCIA LLP
316 W. 2nd St., Suite 1000
Los Angeles, CA 90012
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

CARLOS ALVA, ET AL.
MORGAN, LEWIS & BOCKIUS LLP
ERIC MECKLEY, SBN 168181
JENNIFER SVANFELDT, SBN 233248
KATHERINE DICK, SBN 273688
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
LUMBER LIQUIDATORS

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CRELENCIO CHAVEZ and JOSE
ZALDIVAR, an individual and on behalf
of all others similarly situated,

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Plaintiffs,

LUMBER LIQUIDATORS, INC. a
Delaware Corporation; and DOES 1
through 20, inclusive,
Defendants.
CARLOS ALVA, ET AL.

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Plaintiff(s),

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vs.

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No. C-12-4383 SC
STIPULATION AND [PROPOSED] ORDER
REGARDING ORDER TO MEET AND
CONFER AND SUBMIT JOINT DISCOVERY
LETTER [DKT. NO. 139]

LUMBER LIQUIDATORS, INC.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW

STIPULATION AND [PROPOSED] ORDER
REGARDING ORDER TO MEET AND
CONFER AND SUBMIT JOINT DISCOVERY
LETTER [DKT. NO. 139]

vs.

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Case No. C-09-04812 SC

Defendant(s).
Case Nos. C-09-04812 SC & C-12-4383 SC
STIPULATION REGARDING ORDER TO MEET AND CONFER [DKT. NO. 139]

Case3:09-cv-04812-SC Document140 Filed07/14/14 Page2 of 3

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Pursuant to the Court’s Order to Meet and Confer And Submit Joint Discovery Letter

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(Dkt. No. 139), Plaintiffs Crelencio Chavez, Carlos Alva, Andrew Owens, Joel Villasenor, and

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Jason McMillan (“Plaintiffs”) and Defendant (collectively, the “Parties”), by and through their

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respective counsel of record, hereby timely respond to the Court’s Order and submit the following

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stipulation regarding discovery in the above-captioned matters:

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WHEREAS, on July 8 and July 11, 2014, the Parties met and conferred by telephone in

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compliance with the Court’s Order and agreed to the following actions, which will occur on the

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following deadlines:

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July 18, 2014: Plaintiffs will subpoena their bank records and debit and credit card

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statements for the respective time period(s) during which they were employed with Defendant

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and will serve Defendant with the records, marked confidential subject to a meet and confer

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between the Parties, immediately upon receipt.

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July 18, 2014: Plaintiff Owens will provide Defendant with several possible nonweekend, non-holiday dates before August 18 on which he is available for deposition.

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July 21, 2014: Each Plaintiff will provide Defendant with a signed Authorization for

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Release of Cell Phone Records to effectuate the release of telephone records. Any cell phone

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records produced in discovery will be marked confidential subject to a meet and confer between

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the Parties.

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July 24, 2014: Each Plaintiff will serve substantive responses to Defendant’s Request for

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Production of Documents and Interrogatories that comply with the Northern District’s Civil Local

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Rules.

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July 25, 2014: Each Plaintiff will produce any and all documents that are responsive to

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the Request for Production of Documents (except to the extent the Parties have reached a

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different agreement regarding the timing of production for cell phone records, bank records and

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credit and debit card statements, see supra);

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW

August 4, 2014: Plaintiff McMillan will appear for deposition at the law office of
Morgan Lewis in Los Angeles;
August 18, 2014: Plaintiffs Villasenor and Alva Plaintiffs will appear for a second day of
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Case Nos. C-09-04812 SC & C-12-4383 SC
STIPULATION REGARDING ORDER TO MEET AND CONFER [DKT. NO. 139]

Case3:09-cv-04812-SC Document140 Filed07/14/14 Page3 of 3

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deposition, if Defendant determines in good faith that a second day of deposition is necessary

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after reviewing and analyzing their respective production of responsive documents.

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WHEREAS, on August 4, 2014, the Parties shall file a status report regarding Plaintiffs’
compliance with the foregoing stipulations.
IT IS SO STIPULATED.
Dated: July 14, 2014

MORGAN, LEWIS & BOCKIUS LLP

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By

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ATTORNEYS FOR DEFENDANT
LUMBER LIQUIDATORS, INC.

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/S/ Eric Meckley
Eric Meckley
Jennifer Svanfeldt

Dated: July 14, 2014

TAFOYA & GARCIA LLP

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By

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/S/ David A. Garcia
David A. Garcia

Attorneys for Plaintiffs
CRELENCIO CHAVEZ, CARLOS ALVA,
JOEL VILLASENOR, ANDREW OWENS AND
JASON MCMILLAN

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FILER’S ATTESTATION

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I, Eric Meckley, am the ECF user whose identification and password are being used to file

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the parties’ Notice of Settlement. In compliance with L.R. 5-1(i)(3), I hereby attest that David A.

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Garcia concurs in this filing.

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/s/ Eric Meckley
Eric Meckley
Attorneys for Defendant
LUMBER LIQUIDATORS, INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
July 15, 2014
Dated: _________________________

THE HONORABLE DONNA M. RYU
UNITED STATES MAGISTRATE JUDGE

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW

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Case Nos. C-09-04812 SC & C-12-4383 SC
STIPULATION REGARDING ORDER TO MEET AND CONFER [DKT. NO. 139]