Porter et al v. Bauer Transportation Systems, Inc. et al

Filing 24

ORDER GRANTING 22 Stipulation Re: ADR Process. Signed by Judge Jeffrey S. White on 6/15/10. (jjo, COURT STAFF) (Filed on 6/15/2010)

Case3:10-cv-01074-JSW Document22

Filed06/14/10 Page1 of 3

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650 CALIFORNIA STREET 20TH FLOOR
AN FRANCISCO, CA

William J. Flynn, CA Bar No. 95371 Benjamin K. Lunch, CA State Bar No. 246015 NEYHART, ANDERSON, FLYNN & GROSBOLL 44 Montgomery Street, Suite 2080 San Francisco, CA 94104.6702 Telephone: [phone] Fax No.: 415.677.9445 Email: [e-mail] Attorneys for Plaintiffs ROGER PORTER, MICHAEL KRAFT, and BEN ROSS Robert G. Hulteng, CA Bar No. 071293 [e-mail] Joshua D. Kienitz, CA Bar No. 244903 [e-mail] Ryan E. Abernethy, CA Bar No. 267538 [e-mail] LITTLER MENDELSON, P.C. 650 California Street 20th Floor San Francisco, California 94108.2693 Telephone: [phone] Fax No.: 415.399.8490 Attorneys for Defendants BAUER'S LIMOUSINE SERVICE, INC. and GARY BAUER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ROGER PORTER, MICHAEL KRAFT, and BEN ROSS, on their own behalf and on behalf of all others similarly situated, Plaintiffs , v. BAUER'S LIMOUSINE SERVICE, INC., a California corporation, and GARY BAUER, an individual, Defendants. Case No. 3:10-CV-01074-JSW STIPULATION AND [PROPOSED] ORDER RE: ADR PROCESS Complaint Filed: March 12, 2010 First Amended Complaint Filed: April 9, 2010

94108.2693

STIPULATION AND [PROPOSED] ORDER RE: ADR PROCESS

(NO. 3:10-CV-01074-JSW)

415.433.1940

Case3:10-cv-01074-JSW Document22

Filed06/14/10 Page2 of 3

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650 CALIFORNIA STREET 20TH FLOOR
AN FRANCISCO, CA

The Parties to the above-entitled action jointly submit this Stipulation and [Proposed] Order regarding the alternative dispute resolution ("ADR") process. The parties' counsel (Mr. Lunch, Mr. Hulteng and Mr. Kienitz) met and conferred by telephone on June 7, 2010 to discuss ADR options, the claims and defenses at issue in this case, and the information which each party will need to gather, share, and analyze with respect to the central issues in the case (including the alleged application of the federal Motor Carrier Act exemption [see 29 U.S.C. § 213(b)(1)] to the overtime requirements of the Fair Labor Standards Act [see 29 U.S.C. § 207(a)]). During this initial meet and confer discussion, it became clear that this information, which will largely relate to whether (and, if so, the extent to which) the Named Plaintiffs, Bauer's and/or its drivers other than the Named Plaintiffs are engaged in "interstate commerce" within the meaning of the exemption, will take some time to gather, share, and analyze. For the foregoing reasons, the Parties respectfully submit that it is premature for them to make a decision on whether to select one or more of the available ADR options ­ although each of the Parties remains open to that possibility. The Parties propose ­ and hereby request leave of this Court ­ to work together to exchange information (formally or informally) necessary for the meaningful evaluation of claims and defenses by July 16, 2010, and thereafter, to meet and confer again forthwith regarding ADR possibilities. Accordingly, subject to the approval of this Court, it is hereby stipulated and agreed, by and between the Parties hereto through their respective counsel, that the deadline for the Order Selecting ADR be continued until a date to be determined by the Court on or after July 23, 2010 (the date of the initial case management conference in this matter). Thus, the Parties, through their undersigned counsel, respectfully request that the Court enter this Stipulation as an Order. /// /// /// /// /// ///
STIPULATION AND [PROPOSED] ORDER RE: ADR PROCESS

94108.2693

-2-

(NO. 3:10-CV-01074-JSW)

415.433.1940

Case3:10-cv-01074-JSW Document22

Filed06/14/10 Page3 of 3

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650 CALIFORNIA STREET 20TH FLOOR
AN FRANCISCO, CA

IT IS SO STIPULATED. Each of the undersigned certify that the content of the foregoing document is acceptable to all persons required to sign the document and authorization to electronically sign this document has been obtained. Dated: June 14, 2010 Respectfully submitted,

/s/Willian J. Flynn WILLIAM J. FLYNN BENJAMIN K. LUNCH Attorneys for Plaintiff ROGER PORTER Dated: June 14, 2010 Respectfully submitted,

/s/ Joshua D. Kienitz ROBERT A. HULTENG JOSHUA D. KIENITZ RYAN E. ABERNETHY LITTLER MENDELSON P.C. Attorneys for Defendants BAUER'S LIMOUSINE SERVICE, INC. AND GARY BAUER

IT IS SO ORDERED.

June 15 Dated: ______________, 2010

HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

FIRMWIDE:95804038.1 053752.1006

94108.2693

STIPULATION AND [PROPOSED] ORDER RE: ADR PROCESS

-3-

(NO. 3:10-CV-01074-JSW)

415.433.1940