Delagarza et al v. Tesoro Refining & Marketing Company

Filing 209

STIPULATION AND ORDER re 208 to Continue Case Management Conference filed by Charles Grimmett, Sal Lucido, Rick Delagarza, Brian Cashwell, April Moore, Paul Gutierrez, Antonio Garcia Case Management Statement due by 2/28/2013. Further Case Management Conference set for 3/7/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/4/13. (bpf, COURT STAFF) (Filed on 2/4/2013)

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1 2 3 4 JAY SMITH (CA Bar No. 166105) (Email: LINDA S. FANG (CA Bar No. 240245) (Email: GILBERT & SACKMAN, A Law Corporation 3699 Wilshire Boulevard, Suite 1200 Los Angeles, California 90010 Tel: (323) 938-3000, Fax: (323) 937-9139 5 6 7 8 9 RICHARD R. ROUCO (pro hac vice) (Email: QUINN, CONNOR, WEAVER, DAVIES & ROUCO 2700 Highway 280 East, Suite 380 Birmingham, Alabama 35223 Tel: (205) 870-9989, Fax: (205) 803-4142 Attorneys for Plaintiffs Rick Delagarza, Paul Gutierrez, Sal Lucido, April Moore, Charles Grimmett, Antonio Garcia, and Brian Cashwell 10 11 12 13 14 15 16 17 WILLIAM DRITSAS (CA Bar No. 97523) (Email: SEYFARTH SHAW LLP 560 Mission Street, 31st Floor San Francisco, California 94105 Tel: (415) 397-2823, Fax: (415) 397-8549 TIMOTHY M. RUSCHE (CA Bar No. 230036) (Email: KRISTEN M. AGNEW (CA Bar No. 247656) (Email: SEYFARTH SHAW LLP 333 South Hope Street, Suite 3900 Los Angeles, California 90071 Tel: (213) 270-9665, Fax: (310) 201-5219 18 19 Attorneys for Defendant Tesoro Refining and Marketing Company 20 UNITED STATES DISTRICT COURT 21 NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO 22 23 24 25 RICK DELAGARZA, individually, PAUL GUTIERREZ, SAL LUCIDO, APRIL MOORE, CHARLES GRIMMETT, ANTONIO GARCIA, and BRIAN CASHWELL, individually and on behalf of all similarly situated current and former employees, Plaintiffs, v. Case No. C 09-05803 EMC Assigned to the Hon. Edward M. Chen STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE 26 27 TESORO REFINING AND MARKETING COMPANY and DOES 1 through 20, inclusive, 28 Defendants. Case No. C 09-05803 EMC STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC 1 Pursuant to Civil L.R. 7-12, Plaintiffs Rick Delagarza, Paul Gutierrez, Sal Lucido, April 2 Moore, Charles Grimmett, Antonio Garcia and Brian Cashwell (“Plaintiffs”) and Defendant 3 Tesoro Refining and Marketing Company (“Tesoro”) (collectively, the “Parties”), by and 4 through their undersigned counsel, hereby stipulate and agree as follows: 5 6 7 8 9 10 11 WHEREAS, a case management conference is currently scheduled in this matter for February 8, 2013, at 10:30 a.m. WHEREAS, the Parties are engaged in substantial settlement negotiations with a high likelihood of success and hope to focus resources on settlement rather than continued litigation; WHEREAS, the Parties have participated in two all-day, private mediation sessions with Mediator Mark Rudy, on October 15, 2011 and May 14, 2012; WHEREAS, on August 8, 2012, this case was consolidated with Burgess v. Tesoro Ref. 12 & Mktg. Co., USCD Case No. 10-cv-05870 DMG (PLAx), which has been certified as a class 13 action and is pending in the U.S. District Court for the Central District of California; 14 WHEREAS, the Parties have reached an agreement in principle resolving the “going 15 forward” issues that will require the negotiation of supplemental agreements to two separate 16 collective bargaining agreements governing the employment of class members in this action and 17 in Burgess, and the participation of two local bargaining committees of Plaintiffs’ labor union 18 and Tesoro labor negotiators, as well as ratification by the membership; 19 WHEREAS, a proposal regarding the monetary aspects of settlement was made during 20 the second mediation session, and the Parties are evaluating each other’s respective positions; 21 WHEREAS, since the first mediation session and now specifically in connection with 22 the proposed monetary settlement, the Parties have spent considerable time and dedicated 23 substantial resources to collecting and analyzing payroll data, consisting of the number of 12- 24 hour shifts worked by, and the applicable wage rates for, each class member in this case (for a 25 period covering 8 years) and in Burgess (for a period covering more than 4 years). The project 26 required the analysis of hundreds of thousands of daily time clock entries and calculation of 27 corresponding wage rates. The Parties are now extremely close to reaching an agreement on the 28 monetary aspects of settlement but must resolve final discrepancies between exposure analyses and document the agreement; Case No. C 09-05803 EMC 1 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC 1 2 3 4 WHEREAS, the Parties estimate that it will take at least an additional four weeks to negotiate, draft, and reach a final agreement about the language in these documents; WHEREAS, the Parties are optimistic that settlement can be achieved within the next 30 days; and 5 WHEREAS, the Parties agree that judicial economy would be promoted by continuing 6 the case management conference until March 1, 2013, or a date thereafter that is convenient for 7 the Court. 8 9 10 THEREFORE, THE PARTIES HERETO STIPULATE AND RESPECTFULLY REQUEST THAT THE COURT ORDER that the case management conference scheduled for February 8, 2013, be continued to March 1, 2013, or the soonest available date thereafter. 11 12 DATED: January 31, 2013 SEYFARTH SHAW LLP 13 By /s/ Timothy M. Rusche Timothy M. Rusche Kristen M. Agnew Attorneys for Defendant Tesoro Refining and Marketing Company 14 15 16 17 DATED: January 31, 2013 GILBERT & SACKMAN A LAW CORPORATION 18 19 By 20 21 24 4 DATED: February ____, 2013. RT U O HONORABLE EDWARD M. CHEN 27 D RDERE IS SO O FIED IT DI AS MO 28 RT LI NO 2 ER STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC C A H Case No. C 09-05803 EMC hen rd M. C dwa Judge E R NIA 26 FO 25 S DISTRICT TE C TA __________________________________ S 23 PURSUANT TO STIPULATION, IT IS SO ORDERED that the case management 7,2013 conference currently set for February 8, 2013 shall be rescheduled for March ____ at 10:30 a.m. UNIT ED 22 /s/ Linda S. Fang Linda S. Fang Attorneys for Plaintiffs N D F TO 1 CERTIFICATE OF SERVICE 2 I, Linda S. Fang, certify that on January 31, 2013, the foregoing document entitled: 3 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE 4 5 was filed electronically in the Court’s ECF; thereby upon completion the ECF system automatically generated a “Notice of Electronic Filing” as service through CM/ECF to registered e-mail addresses of parties of record in the case, in particular on the following: 6 7 Timothy M. Rusche 8 William Dritsas 9 10 Kristen M. Agnew 11 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 31, 2013, at Los Angeles, California. 12 /s/ Linda S. Fang Linda S. Fang 13 14 15 ATTESTATION 16 I, Linda S. Fang, am the ECF user whose ID and password were used to file the above Stipulation and [Proposed] Order to Continue Case Management Conference. In accordance with the Northern District of California’s General Order 45, X.B and Civil Local Rule 5-1(i)(3), I hereby attest that I have obtained concurrence in the filing of this document from the other signatory in this document. 17 18 /s/ Linda S. Fang Linda S. Fang 19 20 21 22 23 24 25 26 27 28 Case No. C 09-05803 EMC 3 CERTIFICATE OF SERVICE AND ATTESTATION

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