Delagarza et al v. Tesoro Refining & Marketing Company

Filing 78

STIPULATION AND ORDER granting leave to file amended complaint and resetting briefing re class certification; Signed by Judge Marilyn Hall Patel on 10/26/2010. (awb, COURT STAFF) (Filed on 10/28/2010)

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Delagarza et al v. Tesoro Refining & Marketing Company Doc. 78 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 AY SMITH (CA Bar No. 166105) (Email: js@gslaw.org) LINDA S. FANG (CA Bar No. 240245) (Email: lfang@gslaw.org) ADRIAN BARNES (CA Bar No. 253131) (Email: abarnes@gslaw.org) GILBERT & SACKMAN A LAW CORPORATION 3699 Wilshire Boulevard, Suite 1200 Los Angeles, California 90010 Tel: (323) 938-3000, Fax: (323) 937-9139 RICHARD P. ROUCO (pro hac vice) (Email: rrouco@wdklaw.com) WHATLEY DRAKE & KALLAS, LLC 2001 Park Place North Birmingham, Alabama 35203 Tel: (205) 328-9576, Fax: (205) 328-9669 Attorneys for Plaintiffs Rick Delagarza, Paul Gutierrez, Sal Lucido, April Moore, Charles Grimmett WILLIAM J. DRITSAS (CA Bar No. 97523) (Email: wdritsas@seyfarth.com) 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: trusche@seyfarth.com) SEYFARTH SHAW LLP 333 South Hope Street, Suite 3900 Los Angeles, California 90071 Tel: (213) 270-9662, Fax: (310) 201-5219 Attorneys for Defendant Tesoro Refining and Marketing Company UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO RICK DELAGARZA, PAUL GUTIERREZ, SAL LUCIDO, APRIL MOORE, and CHARLES GRIMMETT, individually and on behalf of all similarly situated current and former employees, Plaintiffs, v. TESORO REFINING AND MARKETING COMPANY and DOES 1 through 20, inclusive, Defendants. Case No. C 09-05803 MHP JOINT STIPULATION TO ADD PLAINTIFF AND EXTEND DEADLINE TO FILE CLASS CERTIFICATION MOTIONS Case No. C 09-05803 MHP Assigned for all purposes to Hon. Marilyn Hall Patel JOINT STIPULATION TO ADD PLAINTIFF AND EXTEND DEADLINE TO FILE MOTIONS REGARDING CLASS CERTIFICATION; [PROPOSED] ORDER J Dockets.Justia.com 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 L.R. 6-2 and 7-12, Plaintiffs Rick Delagarza, Paul Gutierrez, Sal Lucido, April Moore, and Charles Grimmett, and Defendant Tesoro Refining and Marketing Company ("Tesoro") (collectively, "the Parties"), by and through their undersigned counsel, hereby stipulate as follows: WHEREAS, Plaintiffs brought this case as a putative class action on behalf of all current and former employees of Tesoro who worked at least one 8-, 10-, or 12-hour shift at its Martinez, California facility between April 25, 2004 and the time class certification is granted (Dkt. 41); WHEREAS, the Parties have engaged in extensive motion practice wherein Tesoro sought to transfer and consolidate these actions with USW v. Shell Oil Co., et al., USDC Case No. 08-3693 RGK (Ex); WHEREAS, on August 2, 2010, the Court issued an Order requiring any motions regarding class certification to be filed by December 13, 2010, oppositions to be filed on January 10, 2011, and replies (if no cross-motions) to be filed on January 24, 2011, and scheduling the hearing on any motions regarding class certification for February 7, 2010, at 2:00 p.m. (Dkt. 70); WHEREAS, the Parties have exchanged written discovery and they have produced hundreds of pages of responsive documents; WHEREAS, as a result of information learned during discovery, Plaintiffs believe it necessary to add Antonio Garcia as an additional named plaintiff in the action to represent putative class members who are or have been employed at the Golden Eagle chemical plant, which Plaintiffs contend is part of the Golden Eagle facility that is the subject of this lawsuit and covered by a separate collective bargaining agreement; WHEREAS, the Parties have taken three depositions and they have tentatively scheduled three additional depositions to take place by the end of November, 2010; WHEREAS, Tesoro will need additional time to investigate Mr. Garcia's employment history, supplement its discovery responses to include documents related to Mr. Garcia, propound written discovery directed to Mr. Garcia and take his deposition, and Plaintiffs will need time to respond to these additional discovery requests; /// /// Case No. C 09-05803 MHP JOINT STIPULATION TO ADD PLAINTIFF AND EXTEND DEADLINE TO FILE CLASS CERTIFICATION MOTIONS 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 WHEREAS, the Parties agree that it is in the interest of judicial economy and the preservation of the Parties' resources to avoid unnecessary motions and to stipulate to adding Mr. Garcia as a named plaintiff in the action; WHEREAS, there have been no other time modifications in this case and the time modification to which the Parties stipulate herein will not adversely affect the schedule for the case. NOW, THEREFORE, the Parties agree and stipulate that: 1. Plaintiffs shall filed a third amended complaint in the form attached as Exhibit A hereto within one week of an Order approving this joint stipulation; 2. Tesoro shall respond to the third amended complaint within 30 days of the filing of Plaintiffs' third amended complaint; 3. The deadline for any motions regarding class certification shall be moved from December 13, 2010 to February 14, 20111; 4. The deadline for oppositions to any motions regarding class certification shall be moved from January 10, 2011 to March 14, 2011; 5. The deadline for replies to motions regarding class certification shall be moved from January 24, 2011 to March 28, 2011; and 6. The hearing on the motions regarding class certification shall be moved from February 7, 2011, at 2:00 p.m. to April 11, 2011, at 2:00 p.m. IT IS SO STIPULATED. Dated: October 25, 2010 GILBERT & SACKMAN, A Law Corporation By: /s/ Linda S. Fang Linda S. Fang Attorneys for Plaintiffs Rick Delagarza, Paul Gutierrez, Sal Lucido, April Moore, Charles Grimmett Dated: October 25, 2010 SEYFARTH SHAW LLP By: /s/ Timothy M. Rusche Timothy M. Rusche Attorneys for Defendant Tesoro Refining and Marketing Company Case No. C 09-05803 MHP JOINT STIPULATION TO ADD PLAINTIFF AND EXTEND DEADLINE TO FILE CLASS CERTIFICATION MOTIONS 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 [PROPOSED] ORDER pages 1-3, PURSUANT TO STIPULATION, IT IS SO ORDERED. 10/26/2010 Dated: ______________________________ UNIT ED ICT S ____________________________________ TE C Hon. Marilyn TA Patel Hall United States District Judge RT U O S DISTR ER N F D IS T IC T O R Case No. C 09-05803 MHP JOINT STIPULATION TO ADD PLAINTIFF AND EXTEND DEADLINE TO FILE CLASS CERTIFICATION MOTIONS A C LI FO arily Judge M n H. Pa tel R NIA O ORD IT IS S ERED NO RT H

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