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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JAY SMITH (CA Bar No. 166105)
(Email: [e-mail])
LINDA S. FANG (CA Bar No. 240245)
(Email: [e-mail])
GILBERT & SACKMAN, A Law Corporation
3699 Wilshire Boulevard, Suite 1200
Los Angeles, California 90010
Tel: [phone], Fax: [phone]

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RICHARD R. ROUCO (pro hac vice)
(Email: [e-mail])
QUINN, CONNOR, WEAVER, DAVIES & ROUCO
2700 Highway 280 East, Suite 380
Birmingham, Alabama 35223
Tel: [phone], Fax: [phone]
Attorneys for Plaintiffs Rick Delagarza, Paul Gutierrez,
Sal Lucido, April Moore, Charles Grimmett, Antonio Garcia, and Brian Cashwell

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WILLIAM DRITSAS (CA Bar No. 97523)
(Email: [e-mail])
SEYFARTH SHAW LLP
560 Mission Street, 31st Floor
San Francisco, California 94105
Tel: [phone], Fax: [phone]
TIMOTHY M. RUSCHE (CA Bar No. 230036)
(Email: [e-mail])
KRISTEN M. AGNEW (CA Bar No. 247656)
(Email: [e-mail])
SEYFARTH SHAW LLP
333 South Hope Street, Suite 3900
Los Angeles, California 90071
Tel: [phone], Fax: [phone]

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Attorneys for Defendant Tesoro Refining and
Marketing Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO

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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

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TESORO REFINING AND MARKETING
COMPANY and DOES 1 through 20, inclusive,

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Defendants.

Case No. C 09-05803 EMC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC

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Pursuant to Civil L.R. 7-12, Plaintiffs Rick Delagarza, Paul Gutierrez, Sal Lucido, April

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Moore, Charles Grimmett, Antonio Garcia and Brian Cashwell (“Plaintiffs”) and Defendant

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Tesoro Refining and Marketing Company (“Tesoro”) (collectively, the “Parties”), by and

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through their undersigned counsel, hereby stipulate and agree as follows:

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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.

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& Mktg. Co., USCD Case No. 10-cv-05870 DMG (PLAx), which has been certified as a class

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action and is pending in the U.S. District Court for the Central District of California;

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WHEREAS, the Parties have reached an agreement in principle resolving the “going

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forward” issues that will require the negotiation of supplemental agreements to two separate

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collective bargaining agreements governing the employment of class members in this action and

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in Burgess, and the participation of two local bargaining committees of Plaintiffs’ labor union

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and Tesoro labor negotiators, as well as ratification by the membership;

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WHEREAS, a proposal regarding the monetary aspects of settlement was made during

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the second mediation session, and the Parties are evaluating each other’s respective positions;

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WHEREAS, since the first mediation session and now specifically in connection with

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the proposed monetary settlement, the Parties have spent considerable time and dedicated

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substantial resources to collecting and analyzing payroll data, consisting of the number of 12-

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hour shifts worked by, and the applicable wage rates for, each class member in this case (for a

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period covering 8 years) and in Burgess (for a period covering more than 4 years). The project

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required the analysis of hundreds of thousands of daily time clock entries and calculation of

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corresponding wage rates. The Parties are now extremely close to reaching an agreement on the

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monetary aspects of settlement but must resolve final discrepancies between exposure analyses
and document the agreement;
Case No. C 09-05803 EMC

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC

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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

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WHEREAS, the Parties agree that judicial economy would be promoted by continuing

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the case management conference until March 1, 2013, or a date thereafter that is convenient for

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the Court.

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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.

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DATED: January 31, 2013

SEYFARTH SHAW LLP

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By

/s/ Timothy M. Rusche
Timothy M. Rusche
Kristen M. Agnew
Attorneys for Defendant
Tesoro Refining and Marketing Company

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DATED: January 31, 2013

GILBERT & SACKMAN
A LAW CORPORATION

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By
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DATED: February ____, 2013.

RT
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HONORABLE EDWARD M. CHEN

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC
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Case No. C 09-05803 EMC

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__________________________________

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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

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/s/ Linda S. Fang
Linda S. Fang
Attorneys for Plaintiffs

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F
TO

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CERTIFICATE OF SERVICE

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I, Linda S. Fang, certify that on January 31, 2013, the foregoing document entitled:

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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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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:

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Timothy M. Rusche
[e-mail]

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William Dritsas
[e-mail]

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Kristen M. Agnew
[e-mail]

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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.

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/s/ Linda S. Fang
Linda S. Fang

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ATTESTATION

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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.

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/s/ Linda S. Fang
Linda S. Fang

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Case No. C 09-05803 EMC

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CERTIFICATE OF SERVICE AND ATTESTATION