Gonzalez et al v. Simplexgrinell LP

Filing 65

STIPULATION AND ORDER TO CONTINUE VARIOUS PRETRIAL DATES. Further Case Management Conference set for 2/26/2015 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 5/28/14. (cl, COURT STAFF) (Filed on 5/28/2014)

VLECK TURNER & ZALLER LLP
Brian F. Van Vleck, State Bar No. 155250
Jennifer S. Grock, State Bar No. 245671
2 6310 San Vicente Boulevard, Suite 430
Los Angeles, California 90048
3 Telephone: [phone]
Facsimile: [phone]
4
Attorneys for Plaintiffs
5 Jose Gonzalez, Girard Plair, and
Andrew Newton
6
Robert A. Jones, State Bar No. 107839
7 [e-mail]
Carolyn B. Hall, State Bar No. 212311
8 [e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
9 Steuart Tower, Suite 1300
One Market Plaza
10 San Francisco, CA 94105
Telephone:
415.442.4810
11 Facsimile:
415.442.4870
1

12 Attorneys for Defendant SIMPLEXGRINNELL LP
13
UNITED STATES DISTRICT COURT
14
FOR THE NORTHERN DISTRICT OF CALIFORNIA
15
SAN FRANCISCO DIVISION
16
17

JOSE GONZALEZ, GIRARD PLAIR, and
18 ANDREW NEWTON

Case No. 3:11-cv-00900-RS

19

CLASS ACTION

20
21
22
23
24
25
26

)
)
)
Plaintiffs,
)
vs.
)
)
SIMPLEXGRINNELL LP and DOES 1 through )
100 inclusive
)
)
Defendants.
)
)
)
)
)
)
)

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE VARIOUS
PRETRIAL DATES

Ctrm: 3, Hon. Richard Seeborg
Complaint Filed:
Trial Date:

January 25, 2011
None Set

27
28
Case No. 3:11-cv-00900-RS
STIPULATION AND PROPOSED ORDER TO
CONTINUE PRE-TRIAL DATES

1

Having met and conferred, and for the good cause recited below, Plaintiffs Jose Gonzalez,

2 Girard Plair, and Andrew Newton (“Plaintiffs”), and Defendant SimplexGrinnell LP
3 (“Defendant”), through their respective counsel, hereby stipulate to amending the current pre-trial
4 deadlines as set forth below.
RECITATIONS

5
6

1.

On February 12, 2013, the Court granted Plaintiffs’ motion for class certification.

7 Defendant subsequently moved for reconsideration, which motion the Court denied on December
8 20, 2013.
9

2.

On March 21, 2014, pursuant to the Court’s request, the Parties submitted a Joint

10 Statement re Proposed Class Notice and Litigation Deadlines (Docket #61), in which they proposed
11 certain litigation deadlines, and also submitted an agreed-upon form of Class Notice.
12

3.

By its Scheduling Order of April 30, 2014 (Docket # 62), the Court set various

13 litigation deadlines in response to the Parties’ proposal.
14

4.

Following their initial March 21, 2014 Joint Statement, however, the Parties have

15 engaged in extensive discussions regarding discovery and mediation scheduling and have met and
16 conferred about these issues. As a result of these efforts the Parties have determined that it will be
17 necessary to modify the current Scheduling Order in order to provide notice to the Class, complete
18 necessary discovery, and engage in an effective mediation. The reasons for the requested
19 modifications are as follows:
20

a. Prior to the denial of reconsideration and finalization of the Court’s class

21

certification order, Plaintiffs had engaged in only “bifurcated” discovery

22

directed at the issue of class certification.

23

b. Following finalization of class certification, Plaintiffs propounded extensive

24

discovery directed at the issues of class notice, liability, expert testimony, and

25

damages.

26

c. Plaintiffs believe that the requested information is essential to providing notice

27

to the Class, conducting effective deposition discovery, expert discovery,

28

settlement discussions, and preparation for trial.
1

Case No. 3:11-cv-00900-RS
STIPULATION AND PROPOSED ORDER TO
CONTINUE PRE-TRIAL DATES

d. The Parties have been cooperating and do not anticipate at this juncture that

1
2

Court intervention will be required in the discovery process. However, due to

3

the extent of the information requested, Defendant has required several

4

extensions of time and has not yet been able to fully assemble the responsive

5

data.

6

e. The Parties have scheduled a mediation session for August 26, 2014, in San

7

Francisco with Mediator Susan W. Haldeman, of Gregorio, Haldeman &

8

Rotman.

9

f. The Parties wish to make a full attempt at settlement at the scheduled mediation

10

session and believe it will facilitate settlement to allow a reasonable interval

11

between the mediation and the trial date and other pre-trial deadlines.
STIPULATION

12
13

5.

Based on the above, the Parties hereby stipulate to modify the dates set forth in the

14 current scheduling order (Docket #62), as follows:
15

Matter

Current Deadline

Requested Deadline

16

Mailing of Notice to the Class April 30, 2014

June 30, 2014

17

Deadline for Class Members
to Opt-Out

June 30, 2014

September 1, 2014

Mediation Completion

August 29, 2014

September 30, 2014

Non-Expert Discovery
Completion

November 14, 2014

February 16, 2015

Expert Witness designation in November 14, 2014
accordance w. Rule 26(a)(2)

February 16, 2015

Designation of supplemental
and rebuttal experts in
accordance w. Rule 26(a)(2)

March 5, 2015

18
19
20
21
22
23

December 5, 2014

April 6, 2015

25

Deadline for completion of all January 5, 2014
expert witness discovery
pursuant to Rule 26(b)(4)

26

Further Case Management
Conference

November 20, 2014 at 10:00
a.m.

February 26, 2015

Deadline to file dispositive
pretrial motions and motions
for class certification

January 26, 2015

April 26, 2015

24

27
28

2

Case No. 3:11-cv-00900-RS
STIPULATION AND PROPOSED ORDER TO
CONTINUE PRE-TRIAL DATES

1

6.

The Parties further stipulate that notice to the Class shall be in the form previously

2 submitted to the Court in connection with the Parties’ Joint Scheduling Statement (Docket #61), a
3 copy of which is attached as Exhibit “A” hereto.
4
5

IT IS SO STIPULATED.

6
7

Dated: May 28, 2014

VAN VLECK TURNER & ZALLER, LLP

8
By:

/s/Brian F. Van Vleck
Brian F. Van Vleck
Attorneys for Plaintiffs

9
10
11
12

Dated: May 28, 2014

OGLETREE, DEAKINS, NASH, SMOAK & STEWART,
P.C.

13
14
15
16

By:

/s/Carolyn B. Hall
Carolyn B. Hall
Attorneys for Defendant SimplexGrinnell LP

17
18
19
20
21
22
23
24
25
26
27
28
3

Case No. 3:11-cv-00900-RS
STIPULATION AND PROPOSED ORDER TO
CONTINUE PRE-TRIAL DATES

SIGNATURE ATTESTATION

1
2

Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this

3 document has been obtained from the other signatories.
4
5 DATED: May 28, 2014

/s/ Carolyn B. Hall
Carolyn B. Hall

6
7
8

[PROPOSED] ORDER

9
10

Based upon the foregoing stipulation and for good cause appearing thereon, IT IS SO

11 ORDERED.
12
13
14
15

May___, 2014
28

THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
17990766.1

16
17
18
19
20
21
22
23
24
25
26
27
28
1

STIPULATION AND PROPOSED ORDER TO
CONTINUE PRE-TRIAL DATES

Case3:11-cv-00900-RS Document61 Filed03/21/14 Page4 of 11

EXHIBIT A

Case3:11-cv-00900-RS Document61 Filed03/21/14 Page5 of 11

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT
OF CALIFORNIA
Gonzalez et al. v. SimplexGrinnell LP
Case No. C 11-0900 RS

NOTICE OF PENDENCY OF CLASS ACTION
A CLASS ACTION LAWSUIT HAS BEEN FILED AGAINST DEFENDANT
SIMPLEXGRINNELL LP. If you were employed by SimplexGrinnell, LP
from January 24, 2007 through the present date in the position of Inspector,
Field Technician, or other position in which you were assigned to drive a
“Decaled” Company Vehicle, this class action may affect your rights.
A court authorized this notice. This is not a solicitation from a lawyer.
Three former employees have sued SimplexGrinnell, LP (“SimplexGrinnell”) on behalf
of themselves and other SimplexGrinnell drivers alleging that SimplexGrinnell violated
California wage and hour laws by not compensating class members for all hours spent
driving company supplied “decaled” or “labeled” vehicles (collectively the “Claims”).
The Court has ordered the lawsuit to proceed as a class action on behalf of a class of
SimplexGrinnell employees defined below (“Class Members”) from January 24, 2007 to
the present with respect to the Claims.
At this point, the Court has not yet decided whether SimplexGrinnell has done anything
wrong. There is no money available now, and there is no guarantee there will be.
Your legal rights are affected by this Lawsuit, and you have a choice to make now.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
(1) DO NOTHING AND STAY IN THE LAWSUIT – By doing nothing, you keep the
possibility of getting money that may come from an award or settlement. But, you
give up any rights to sue SimplexGrinnell separately about the same legal claims in
this lawsuit.
(2) ASKED TO BE EXCLUDED - If you ask to be excluded and money is later
awarded at trial or made available in settlement you will not receive any money. But,
you keep any rights to sue SimplexGrinnell separately about the same legal claims in
this lawsuit. You must request to be excluded by [DATE OF NOTICE PLUS 60
DAYS].

Case3:11-cv-00900-RS Document61 Filed03/21/14 Page6 of 11

WHAT THIS NOTICE CONTAINS
PAGE
BASIC INFORMATION
1.
Why did I get this notice?....................................................................................................3
2.
What is the Litigation about?...............................................................................................3
3.
Has the Court decided who is right?....................................................................................3
4.
What are the Plaintiffs asking for?.......................................................................................3
5.
What is a class action and who is involved?........................................................................4
6.
Why is this lawsuit a class action?.......................................................................................4
7.
Is there any money available now?......................................................................................5
8.
Am I part of the Class?........................................................................................................5
9.
I’m still not sure if I’m included..........................................................................................5
YOUR RIGHTS AND OPTIONS
10.
What happens if I do nothing at all?...................................................................................5
11.
Can SimplexGrinnell terminate my employment if I remain in the
Class?...................................................................................................................................6
12.
How do I ask the Court to exclude me from the Class?.......................................................6
13.
If I don’t exclude myself, can I sue SimplexGrinnell for the same thing
later?....................................................................................................................................6
14.
May I submit an opt-out request on behalf of others?.........................................................6
THE LAWYERS REPRESENTING YOU
15.
Do I have a lawyer in this case?..........................................................................................6
16.
Can I contact Class Counsel?...............................................................................................6
17.
Should I get my own lawyer?..............................................................................................7
18.
How will Class Counsel be paid?........................................................................................7
THE TRIAL
19.
How will the Court decide the claims in the case?..............................................................7
20.
Do I have to come to trial?...................................................................................................7
21.
Will I get money after the trial?...........................................................................................7
GETTING MORE INFORMATION
22.
Are more details available?..................................................................................................7
23.
Can I examine the Court’s file?...........................................................................................8
24.
Can I speak to Class Counsel?.............................................................................................8

2

Case3:11-cv-00900-RS Document61 Filed03/21/14 Page7 of 11

BASIC INFORMATION
1.

Why did I get this notice?

SimplexGrinnell’s records show that you worked in California between January 27, 2007 and the
present as an Inspector, Field Technician, or Other Position in which you were assigned to drive
a “decaled” company vehicle. This notice explains that the Court has allowed or "certified" a
class action lawsuit that may affect you. You have legal rights and options that you may
exercise. The lawsuit is known as Jose Gonzalez, et al. v. SimplexGrinnell LP, in the United
States District Court for the Northern District of California, Case No. C 11-0900 (RS) (the
“Litigation”). The judge assigned to oversee this class action is the Honorable Richard Seeborg
(the "Court").
2.

What is the Litigation about?

The Litigation generally involves claims under the California Labor Code and related Wage
Orders. Plaintiffs allege that they were not compensated for all hours that they worked as
required by California law. Plaintiffs allege that under California law, an employer is required to
pay its hourly non-exempt employees at the applicable legal rate of compensation for every hour
worked. Plaintiffs further allege that time spent driving a company-supplied “decaled” or
“labeled” vehicle from their homes to worksites or from worksites to their homes is compensable
“work” which must be paid at the applicable legal rate of pay. The applicable legal rate of pay
may be defined by reference to the class member’s contracted rate of pay, the premium rate
required for statutorily defined “overtime” hours of work, and/or the California Minimum Wage
rate of $8.00 per hour. SimplexGrinnell emphatically denies that it engaged in any wrongful
conduct or that it violated the law in any way.
3.

Has the Court decided who is right?

The Court has not decided whether SimplexGrinnell or Plaintiffs are correct. By establishing the
Class and issuing this Notice, the Court is not suggesting that Plaintiffs will win or lose this case.
Plaintiffs must prove their claims at a trial, unless the claims are resolved by the Court or by
settlement before the trial. (See “The Trial” below on page 7.)
4.

What are Plaintiffs asking for?

Plaintiffs seek monetary damages for themselves and the Class Members to compensate for
allegedly unpaid hours of work as well as applicable penalties and interest, and attorneys’ fees to
be paid to the attorneys whom the Court has appointed as Class Counsel.

5.

What is a class action and who is involved?

In a class action lawsuit, one or more people called “Plaintiffs” or “Class Representatives” (in
this case Jose Gonzalez, Girard Plair, and Andrew Newton), who performed work for
SimplexGrinnell as inspectors or field technicians after January 25, 2007, sue on behalf of other
people whom they believe have similar claims. The people together are a "Class" and are made
3

Case3:11-cv-00900-RS Document61 Filed03/21/14 Page8 of 11

up of Class Members. The employees who sued - and all the Class Members - are called the
Plaintiffs. The company they sued (in this case, SimplexGrinnell) is called the Defendant. This
Class is comprised of the following categories of employees: “All current or former
SimplexGrinnell field employees who were assigned a “decaled” or “labeled” vehicle between
January 24, 2007, and the present.”

6.

Why is this lawsuit a class action?

The Court has decided that this lawsuit can proceed as a class action because it meets the
requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal
courts.
Specifically, the Court found that:
• The number of Class Members is no numerous that joining them all into one suit is
impractical.
• Members of the Class share common legal or factual issues relating to the claims in this
case.
• The claims of the Class Representatives are typical of those of the class.
• The Class Representatives and the lawyers representing the Class (Van Vleck Turner &
Zaller LLP) will fairly and adequately protect the Class’s interests.
• The common legal questions and facts predominate over any individual questions
affecting members of the Class, and this class action will be more efficient than
individual lawsuits.

7.

Is there any money available now?

No. Money is not available now because SimplexGrinnell denies any liability for the Claims, the
Court has not yet decided whether SimplexGrinnell did anything wrong, and the two sides have
not settled the case. There is no guarantee that money or benefits ever will be obtained. If they
are, you will be notified about how to receive your share, unless you choose now to be excluded
from the Class.
8.

Am I part of the Class?

You are part of the class if you work or worked for SimplexGrinnell in California at any point
from January 24, 2007 to the present and you were assigned to drive a company-provided
“decaled” or “labeled” vehicle.

9.

I’m still not sure if I’m included.

If you are still not sure whether you are included, you can get help by calling or writing to the
lawyers in the case, at the phone number or address listed in question 16 below.
YOUR RIGHTS AND OPTIONS
4

Case3:11-cv-00900-RS Document61 Filed03/21/14 Page9 of 11

You have the right to decide whether to stay in the Class or ask to be excluded before the trial,
And you have to decide this now!
10.

What happens if I do nothing at all?

You don’t have to do anything now if you want to keep the possibility of getting money or
benefits from this lawsuit. By doing nothing you are staying in the Class. If you stay in and
Plaintiffs obtain money or benefits, either as a result of the trial or a settlement, you will be
notified about how to apply for any share to which you may be entitled (or how to ask to be
excluded from any settlement). Keep in mind that if you do nothing now, regardless of whether
Plaintiffs win or lose the trial, you will not be able to sue, or continue to sue, SimplexGrinnell as part of any other lawsuit - about the same legal claims that are the subject of this lawsuit. This
means that if you do nothing, you will not be able to maintain a separate lawsuit claiming
allegedly unpaid wages for certain times spent driving a company-supplied “decaled” vehicle at
any time after January 25, 2007. You will also be legally bound by all of the Orders the Court
issues and Judgments the Court makes in this class action.
11.

Can SimplexGrinnell terminate my employment if I remain in the Class?

If you are currently employed by SimplexGrinnell in any capacity, your decision to as to whether
to remain in the Class or to exclude yourself will not affect your employment in any way. Both
state and federal law prohibit companies from retaliating against workers who engage in
litigation to enforce their rights under the labor laws.
12.

How do I ask the Court to exclude me from the Class?

You have the right to exclude yourself from this Class and this lawsuit. If you exclude yourself,
you will still have the right to pursue your own claims with counsel of your choice at your own
expense. You will not lose any claims you may have by excluding yourself, but you cannot
share in any class recovery if you are excluded. If you want to be excluded from the Class and
thus, not participate in this lawsuit, you must fill out the enclosed postcard and mail it to the
Court-appointed Administrator at the address listed on the postcard. The postcard will state that
you wish to be excluded from the Class and that you understand that you will not be bound by
what happens in the case, whether for or against the Class. The post card must also include your
name, address, telephone number, and signature. The postcard must be postmarked by [DATE
OF NOTICE PLUS 60 DAYS] and mailed to the Administrator at the following address: ____________________________________________________________________.
13.

If I don’t exclude myself, can I sue SimplexGrinnell for the same thing later?

No. Unless you exclude yourself, you give up the right to sue SimplexGrinnell for the claims in
this lawsuit. You must exclude yourself from this Class to start or continue your own lawsuit.
14.

May I submit an opt-out request on behalf of others?

No, a Class Member may not submit an opt-out request on behalf of any other Class Members.
5

Case3:11-cv-00900-RS Document61 Filed03/21/14 Page10 of 11

THE LAWYERS REPRESENTING THE CLASS MEMBERS
15.

Do I have a lawyer in this case?

The Court decided that the law firm of Van Vleck Turner & Zaller LLP is qualified to represent
you and all Class Members. These lawyers are called "Class Counsel." They are experienced in
handling similar cases.
16.

Can I contact Class Counsel?

You may WRITE, E-MAIL or CALL Class Counsel: Brian Van Vleck, Esq. at Van Vleck Turner
& Zaller LLP, 6310 San Vicente Blvd., Suite 430, Los Angeles, California 90048; email:
[e-mail]; phone [phone]; website: www.vtzlaw.com.
17.

Should I get my own lawyer?

You do not need to hire your own lawyer because Class Counsel is working on your behalf. If
you want your own lawyer, you will have to pay that lawyer. For example, you can ask him or
her to appear in Court for you if you want someone other than Class Counsel to speak for you.
18.

How will Class Counsel be paid?

If Class Counsel obtains money or benefits for the Class, they may ask the court for their fees
and expenses. You will not have to pay these fees and expenses. If the Court grants Class
Counsel's request, the fees and expenses would either be deducted from any money obtained for
the Class or paid separately by SimplexGrinnell.
19.

Who Represents SimplexGrinnell?

Counsel for Defendant SimplexGrinnell:
Robert A. Jones
Carolyn B. Hall
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
One Market Plaza
Steuart Tower, Suite 1300
San Francisco, California 94105
415-442-4810
THE TRIAL
19.

How will the Court decide the claims of this case?

As long as the case is not resolved by a settlement or otherwise, Class Counsel will have to prove
Plaintiffs' claims at a trial. During the trial, a jury or the judge will hear all of the evidence to
help them reach a decision about whether Plaintiffs or SimplexGrinnell is right about the claims
in the lawsuit. There is no guarantee that Plaintiffs will win, or that Plaintiffs will obtain any
money for the Class.
6

Case3:11-cv-00900-RS Document61 Filed03/21/14 Page11 of 11

20.

Do I have to come to the trial?

You do not need to attend the trial unless you are specifically required to be there as a witness by
an attorney or the Court. Class Counsel will present the case for the Class, and attorneys for
SimplexGrinnell will present the defenses. You or your own lawyer are welcome to come at your
own expense.
21.

Will I get money after the trial?

If Plaintiffs obtain money or benefits as a result of the trial or a settlement, and if you have not
excluded yourself from the Class, you will be notified about how to receive your share. No one
knows how long this will take.
GETTING MORE INFORMATION
22.

Are more details available?

Yes, if you believe that you need more details in order to make a decision, you may examine the
Court's file or speak with Class Counsel as described in Questions 23 and 24 below.
23.

Can I examine the Court’s file?

Yes, you may examine the Court's file at 450 Golden Gate Ave., San Francisco CA, 94102. DO NOT
ATTEMPT TO CONTACT THE JUDGE OR HIS CLERK DIRECTLY.
24.

Can I speak to Class Counsel?

Yes, for more complete details about the Litigation, you may WRITE, E-MAIL or TELEPHONE
Class Counsel:
Brian Van Vleck, Esq. at Van Vleck Turner & Zaller LLP,
6310 San Vicente Blvd., Suite 430, Los Angeles, California 90048;
Email: [e-mail];
Phone [phone];
Website: www.vtzlaw.com.

Do not call, write or otherwise contact the Court or anyone employed by the Court.

Dated: __________________, 2014

BY THE COURT

________________________________________
HONORABLE RICHARD SEEBORG
7