Swain v. Ryder Integrated Logistics, Inc.

Filing 25

ORDER to continue CMC re 24 Stipulation filed by Jim Swain Initial Case Management Conference set for 12/16/2011 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 10/17/2011. (beS, COURT STAFF) (Filed on 10/18/2011)

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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]
Attorney for Plaintiff
Jim Swain
Keith A. Jacoby (SB #150233)
Michelle B. Heverly (SB #178660)
LITTLER MENDELSON
50 W. San Fernando Street, 15th Floor
San Jose, CA 95113
[e-mail]
[e-mail]
[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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CASE NO. 3:10-cv-04192-CRB

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

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

Defendants.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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The only parties that have appeared in this action, Plaintiff Jim Swain (“Plaintiff”)

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and Defendant Ryder Integrated Logistics, Inc. (“Defendant”) (collectively, the “Parties”),

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through their respective counsel, hereby jointly stipulate and request that the Case

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Management Conference in the above-captioned matter, currently scheduled for

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October 28, 2011 at 8:30 a.m. be moved to December 16, 2011 at 8:30 a.m.

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Good cause for this stipulated request is as follows:

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1)

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On September 7, 2011, the Parties mediated before JAMS mediator Joel

Grossman.
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Although the parties made substantial progress, the September 7, 2011

mediation did not result in a settlement.
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The Parties anticipate that a further session of mediation may resolve the

underlying dispute.
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The Parties have scheduled a further session of mediation before Mr.

Grossman on November 2, 2011.
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Continuing the Case Management Conference until after mediation has

occurred would serve the interests of economy and efficiency.
6)

The parties have agreed to the following discovery protocol in advance of

the mediation:

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a. Defendant has provided Plaintiff with a list, in excel format, of the

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locations and dates for which On Board Computer (“OBC”) data is

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available.

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b. No later than October 17, Plaintiff will identify a selection of no

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more than 100 previously produced time records for which Plaintiff

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requests OBC data.

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c. No later than October 21, Defendant will provide in either Excel or
hard-copy format the requested OBC records.

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-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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d. No later than October 21, Defendant shall provide Plaintiff any data

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or documents that were not previously produced and that Defendant

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plans to use at the November fourth mediation.

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e. Neither Plaintiff nor Defendant will attempt to collect written

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statements or declarations from any Class Member prior November

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2, 2011. After November 2, 2011, both Plaintiff and Defendant agree

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not to attempt to collect written statements or declarations from Class

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Members until 30 days after notifying opposing counsel that the party

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is terminating settlement negotiations.

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

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

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date of October 28, 2011 to December 16, 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 follow the discovery protocol as

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described herein.

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21 DATED: October 13, 2011
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LITTLER MENDELSON
KEITH JACOBY
MICHELLE HEVERLY

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By: /s/ Michele Heverly
Michele Heverly
Attorneys for Defendant
RYDER INTEGRATED LOGISTICS, INC.

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-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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DATED: October 13, 2011

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THE GRAVES FIRM
ALLEN GRAVES
ELIZABETH SULLIVAN

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

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ORDER
IT IS SO ORDERED.

S

RT

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H

ER

R. Brey

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R NIA

harles
Judge C

NO

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By:_________________________________
ERED
Hon. Charles R.S SO ORD
Breyer
IT I
er

FO

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October 17, 2011
DATED:_________________

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-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE