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

Filing 30

ORDER GRANTING 28 Stipulation selecting Early Neutral Evaluation. Signed by Judge JEFFREY S. WHITE on 8/9/10. (jjoS, COURT STAFF) (Filed on 8/9/2010)

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Porter et al v. Bauer Transportation Systems, Inc. et al Doc. 30 Case3:10-cv-01074-JSW Document28 Filed07/30/10 Page1 of 3 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 28 650 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: 415.677.9440 Fax No.: 415.677.9445 Email: blunch@neyhartlaw.com Attorneys for Plaintiffs ROGER PORTER, MICHAEL KRAFT, and BEN ROSS Robert G. Hulteng, CA Bar No. 071293 rhulteng@littler.com Joshua D. Kienitz, CA Bar No. 244903 jkienitz@littler.com Ryan E. Abernethy, CA Bar No. 267538 rabernethy@littler.com LITTLER MENDELSON, P.C. 650 California Street 20th Floor San Francisco, California 94108.2693 Telephone: 415.433.1940 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 SECOND STIPULATION AND [PROPOSED] ORDER RE: ADR PROCESS Complaint Filed: March 12, 2010 First Amended Complaint Filed: April 9, 2010 94108.2693 SECOND STIPULATION AND [PROPOSED] ORDER RE: ADR PROCESS (NO. 3:10-CV-01074-JSW) 415.433.1940 Dockets.Justia.com Case3:10-cv-01074-JSW Document28 Filed07/30/10 Page2 of 3 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 28 650 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, pursuant to this Court's order (issued on July 23, 2010 [see Doc. 27, filed 7/26/2010]) regarding the same. Early Neutral Evaluation (ENE). The Parties agree to complete the ENE process provided by the Northern District no later than 120 days from the date this Order is entered by the Court or November 30, 2010, whichever is sooner. The Parties respectfully request that any ENE evaluator appointed by the Court should be well-versed in issues related to the overtime requirements of the Fair Labor Standards Act and, specifically, with respect to the exemption to the same requirements provided by the Motor Carrier Act. See 29 U.S.C. 213(b)(1), 49 U.S.C. 35102. Early In-Person Meeting. The Parties further agree that all reasonable efforts shall be made to hold an in-person settlement conference between counsel in this case, no later than 60 days after the entry of this Order or October 1, 2010, whichever is sooner. The Parties will make all reasonable efforts to exchange information (formally or informally) prior to that in-person meeting, so that productive settlement discussions may be had. The Parties also agree to meet and confer in good faith at such meeting, in an attempt to fully and finally resolve the issues in this action. The Parties agree that all briefing and other materials submitted at or in connection with this in-person meeting (which are created for the purpose of such meeting) shall be considered to be privileged settlement material (see Fed. Rule. Evid. 408). Thus, the Parties, through their undersigned counsel, respectfully request that the Court enter this Stipulation as an Order. 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. /// /// /// SECOND STIPULATION AND [PROPOSED] ORDER RE: ADR PROCESS 94108.2693 -2- (NO. 3:10-CV-01074-JSW) 415.433.1940 Case3:10-cv-01074-JSW Document28 Filed07/30/10 Page3 of 3 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 28 650 CALIFORNIA STREET 20TH FLOOR AN FRANCISCO, CA Dated: July 30, 2010 Respectfully submitted, /s/ Benjamin K. Lunch WILLIAM J. FLYNN BENJAMIN K. LUNCH Attorneys for Plaintiff ROGER PORTER Dated: July 30, 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. August 9 Dated: ___________________, 2010 HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE FIRMWIDE:96588280.1 053752.1006 94108.2693 SECOND STIPULATION AND [PROPOSED] ORDER RE: ADR PROCESS -3- (NO. 3:10-CV-01074-JSW) 415.433.1940

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