Swain v. Ryder Integrated Logistics, Inc.

Filing 22

ORDER regarding mediation and CMC re 21 Stipulation filed by Ryder Integrated Logistics, Inc. Initial Case Management Conference set for 10/28/2011 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 6/3/2011. (be, COURT STAFF) (Filed on 6/6/2011)

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THE GRAVES FIRM
ALLEN GRAVES (SB# 204580)
E-mail: [e-mail]
ELIZABETH SULLIVAN (SB# 212482)
E-mail: [e-mail]
790 E. Colorado Blvd., 9th Floor
Pasadena, CA 91101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Jim Swain

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Keith A. Jacoby (SB #150233)
LITTLER MENDELSON
A Professional Corporation
2049 Century Park East, 5th Floor
Los Angeles, CA 90067-3107
Email: [e-mail]
Telephone: [phone]
Facsimile: 310.553.5583
Michelle B. Heverly (SB #178660)
Erica H. Kelley (SB # 221702)
LITTLER MENDELSON
50 W. San Fernando Street, 15th Floor
San Jose, CA 95113
Email: [e-mail]
Email: [e-mail]
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Ryder Integrated Logistics, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

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CASE NO. 3:10-cv-04192-CRB

Jim Swain,

v.
Ryder Integrated Logistics, Inc. and
DOES 1 through 10, inclusive,

JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
MEDIATION AND CASE
MANAGEMENT CONFERENCE

Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER

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Pursuant to 28 USC §1447(C), the only parties that have appeared in this action,

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Plaintiff Jim Swain (“Plaintiff”) and Defendant Ryder Integrated Logistics, Inc.

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(“Defendant”), through their respective counsel, hereby jointly stipulate and request that

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the Court change the date of the Case Management Conference in the above-captioned

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matter from its current date of July 22, 2011 to October 28, 2011. The parties further

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stipulate and request that the new Case Management Conference date be treated as the

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initial Case Management Conference date for the purpose of calculating the deadline for

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meetings between counsel, initial disclosures, and reports to the Court pursuant Rule 26.

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This stipulation is made and entered into by the parties on the following basis:
1)

On February 22, 2011, pursuant to the stipulation of the parties, this Court

ordered that the parties complete a private mediation no later than July 18, 2011.
2)

Pursuant to this Court’s Order, the parties scheduled a mediation before

JAMS mediator Joel Grossman for June 17, 2011.
3)

This Court’s order of February 22 also required the parties to exchange

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specific documents in advance of the mediation. Among the requirements was that

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Defendant provide Plaintiff with a random sample of paper time records for members of

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the putative class.

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4)

Pursuant to the Court’s order of February 22, Plaintiff provided Defendant

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with a list that specified a random sample of locations and time periods for which paper

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records would be provided.

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5)

After gathering approximately 50% of the requested records, Defendant

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determined that the sample requested by Plaintiff would require the production of

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approximately 28,000 paper records.

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6)

To date, Defendant has produced nearly 14,000 pages of documents.

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7)

The parties have agreed that a smaller sample should be used, and Plaintiff

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has provided Defendant with a modified sample request. Defendant is currently in the

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process of reviewing that modified request.

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-1JOINT STIPULATION AND [PROPOSED] ORDER

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8)

As a result of the sheer number of documents that have been produced and

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the need to further modify the sample, the current mediation date of June 17, 2011 will not

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provide sufficient time for Defendant to produce the remaining documents and allow the

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parties to evaluate the data and prepare their positions before mediation.

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9)

The parties contacted the mediator, Joel Grossman, and based on his

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schedule and the schedule of the parties, the first available date to continue the mediation

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is September 7, 2011, which the parties have already confirmed with Mr. Grossman.

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10)

Defendant represents that as of this date, Defendant has not made any

payments pursuant to California Labor Code §226.7. On that basis, Plaintiff will
withdraw his Special Interrogatories 7 and 8.

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11)

Defendant has been diligently gathering and reviewing documents that were

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requested by Plaintiff in an attempt to meet the current deadlines, but given the number of

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documents involved, the current mediation date of June 17, 2011 is simply impossible to

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meet.

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-2JOINT STIPULATION AND [PROPOSED] ORDER

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IT IS HEREBY STIPULATED:
The parties stipulate and respectfully request the Court order as follows: the

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Case Management Conference in the above-captioned matter is hereby changed from its

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current date of July 22, 2011 to October 28, 2011. That the new Case Management

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Conference date shall be treated as the initial Case Management Conference date for the

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purpose of calculating the deadline for meetings between counsel, initial disclosures, and

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reports to the Court pursuant Rule 26. The parties shall complete mediation before the

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new case management conference date. The parties shall continue to exchange pre-

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mediation discovery as described in the February 22, 2011 order .

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DATED: June 2, 2011

LITTLER MENDELSON
MICHELLE HEVERLY
KEITH JACOBY

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By: /s/ Keith A/ Jacoby
Keith A. Jacoby
Attorneys for Defendant
RYDER INTEGRATED LOGISTICS,
INC.

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DATED: June 2, 2011

THE GRAVES FIRM
ALLEN GRAVES

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By: /s/ Allen Graves
Allen Graves
Attorneys for Plaintiff
JIM SWAIN

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ORDER
UNIT
ED

It is so ordered.

Firmwide:102014933.1 029826.2060

harle
Judge C

ERED

By:_________________________________
Hon. Charles Breyer s R. Breyer
RT

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ER

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June 3, 2011
DATED:_________________

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O ORD
IT IS S

JOINT STIPULATION AND [PROPOSED] ORDER

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