Bennett et al v. Simplexgrinnell LP

Filing 106

STIPULATION AND ORDER FOR EXTENSION OF DATES, MODIFICATION OF SCHEDULING ORDER, AND RESOLUTION OF DISCOVERY MOTION re 105 STIPULATION WITH PROPOSED ORDER re 100 MOTION to Compel Complete Production of Data filed by Comerlis Delaney, David A . Boecking, Darren Scott, Don C. Bennett, Dana R. Rendahl, Jon Hotzler, Gary Robinson. Discovery due by 6/28/2013. Expert Witness List due by 6/28/2013. Motions due by 10/17/2013. Signed by Judge Jon S. Tigar on April 12, 2013. (wsn, COURT STAFF) (Filed on 4/12/2013)

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1 2 3 4 5 6 7 8 9 10 11 12 Laura L. Ho, CA Bar No. 173179 lho@gbdhlegal.com James Kan, CA Bar No. 240749 jkan@gbdhlegal.com GOLDSTEIN, BORGEN, DARDARIAN & HO 300 Lakeside Drive, Suite 1000 Oakland, CA 94612 Telephone: 510.763.9800 Facsimile: 510.835.1417 Attorneys for Plaintiffs and Proposed Class (Additional Counsel on Signature Page) Dominick C. Capozzola (SBN 217381) OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 10 Madison Ave., Suite 400 Morristown, NJ 07690 Telephone: (973) 656-1600 Facsimile: (973) 656-1611 Email: dominick.capozzola@ogletreedeakins.com Attorneys for Defendant SimplexGrinnell LP (Additional Counsel on Signature Page) 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 17 DON C. BENNETT, COMERLIS DELANEY, GARY ROBINSON, DARREN SCOTT, and JON HOTZLER, on behalf of themselves and all others similarly situated, 18 Plaintiffs, 19 Case No. 11-1854 JST (NJV) STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DATES, MODIFICATION OF SCHEDULING ORDER, AND RESOLUTION OF DISCOVERY MOTION v. 20 SIMPLEXGRINNELL, LP, 21 Defendant. 22 23 Complaint Filed: First Amended Complaint Filed: Second Amended Complaint Filed: Trial Date: Judge: April 18, 2011 June 27, 2011 June 26, 2012 None Set Honorable Jon S. Tigar 24 25 26 27 28 Case No. 11-1854 JST (NJV) STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DATES, MODIFICATION OF SCHEDULING ORDER, AND RESOLUTION OF DISCOVERY MOTION 1 2 3 4 WHEREAS, Plaintiffs on March 19, 2013, have filed a motion to compel discovery with regard to certain types of electronic data maintained in Defendant’s business records; WHEREAS, the Parties are concerned that significant time will be consumed if the matter is resolved in litigation, and will impact the pretrial schedule; 5 And WHEREAS the Parties have met and conferred concerning a resolution of Plaintiffs’ 6 motion without further intervention of the Court and have reached an agreement between them to 7 resolve the matter, including the establishment of new scheduling dates to accommodate the 8 production and to adjust the dates for expert disclosures and mediation; 9 10 11 IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS: 1. Plaintiffs’ motion seeks the production of three types of data, as set forth in more detail in the motion and in the underlying discovery requests: 12 a. All employee data from the ACE, JobCost, and Time Entry databases, except for 13 federal project data. 14 b. All electronically available copies of inspection reports; 15 c. All electronic copies of employee timesheets. 16 2. Defendant, within 30 days of the entry of the Order approving this stipulation and 17 after a reasonable search and diligent inquiry, will produce the available employee project and time 18 entry data, subject to limited exceptions provided here regarding Restricted Information, will 19 produce the electronically available copies of inspection reports, and will produce certain employee 20 timesheets maintained in electronic form as set forth in more detail here. 21 3. Defendant represents that certain employee project data are subject to specific 22 contractual or privacy restrictions, for customers in the banking and gaming sectors (“Restricted 23 Information”). Within 14 days of the entry of the Order approving this stipulation, Defendant will 24 provide to Plaintiffs’ attorneys, for their eyes only, a list of the customers and project names for the 25 projects containing Restricted Information. The parties will then meet and confer promptly to 26 narrow or resolve any remaining disputes regarding the production of employee project data 27 containing Restricted Information, and will use their best efforts to resolve the matter without 28 further intervention by the Court. To the extent that the matter cannot be resolved informally, 1 Case No. 11-1854 JST (NJV) STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DATES, MODIFICATION OF SCHEDULING ORDER, AND RESOLUTION OF DISCOVERY MOTION 1 Plaintiffs may reinstate their motion to compel with regard to the unresolved portion of the dispute. 2 The identity of the customer may be used in court filings under seal in the motion. 3 4 5 4. The Protective Order will be revised to reflect the additional protections contained in this Stipulation and Order. 5. Not subject to Plaintiffs’ pending motion to compel is plaintiffs’ discovery request 6 for paper copies of employee timesheets maintained in Defendant’s district offices in California. 7 Plaintiffs seek the production of the paper timesheets in a manner that will not impede the schedule 8 in this Stipulation and Order. Accordingly, as soon as possible after the entry of this order, 9 Defendant will provide access to its district offices in California for the copying of employee 10 11 timesheets in paper form. 6. Defendant has advised Plaintiffs that certain employee paper timesheets in the 12 relevant period may be unavailable, due to office moves (specifically the move and consolidation 13 of the Orange County and Glendale office with the Greater Los Angeles office). In those instances, 14 and in other instances where paper timesheets are unavailable, Defendant will produce timesheets 15 in electronic form that are available upon reasonable search and diligent inquiry. Otherwise, 16 further production of employee timesheets in electronic form is not required. 17 18 19 7. In consideration of the matters in this Stipulation and Order, Plaintiffs’ motion to compel discovery is withdrawn. 8. In consideration of the significant expenditure of resources expected to be required 20 to implement this Stipulation and Order, and upon good cause shown, the Court ORDERS that all 21 pending deadlines shall be extended as follows: 22 Discovery Cutoff: June 28, 2013 23 Mediation Deadline: August 29, 2013 24 Expert Disclosure: June 28, 2013 25 Plaintiffs’ Expert Reports: July 29, 2013 26 Defendant’s Expert Reports: August 19, 2013 27 Expert Discovery Cutoff: September 19, 2013 28 2 Case No. 11-1854 JST (NJV) STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DATES, MODIFICATION OF SCHEDULING ORDER, AND RESOLUTION OF DISCOVERY MOTION 1 Deadline to File Class Certification And Dispositive Motions: October 17, 2013 2 3 4 Dated: April 11, 2013 5 Respectfully submitted, By: /s/ Karla Gilbride 6 Raymond C. Fay Karla Gilbride (SBN 264118) MEHRI & SKALET PLLC 1250 Connecticut Avenue, NW Suite 300 Washington, DC 20036 Telephone: (202) 822-5100 Facsimile: (202) 822-4997 Email: rfay@findjustice.com kgilbride@findjustice.com 7 8 9 10 11 15 Bruce E. Menken Jason Rozger BERANBAUM MENKEN LLP 80 Pine Street, 33rd Floor New York, NY 10005 Telephone: (212) 509-1616 Facsimile: (212) 509-8088 Email: bmenken@nyemployeelaw.com jrozger@nyemployeelaw.com 16 Attorneys for Plaintiffs and Proposed Class 12 13 14 17 18 19 20 21 22 23 24 25 Dated: April 11, 2013 By: /s/ Carolyn B. Hall Dominick Capozzola (SBN 217381) Carolyn B. Hall (SBN 212311) Jocelyn A. Merced, Pro Hac Vice OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Steuart Tower, Suite 1300 One Market Plaza San Francisco, CA 94105 Telephone: (415) 442-4810 Facsimile: (415) 442-4870 Email:dominick.capozzola@ogletreedeakis.com carolyn.hall@ogletreedeakins.com jocelyn.merced@ogletreedeakins.com 26 Attorneys for Defendant SimplexGrinnell LP 27 28 3 Case No. 11-1854 JST (NJV) STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DATES, MODIFICATION OF SCHEDULING ORDER, AND RESOLUTION OF DISCOVERY MOTION 1 2 3 ATTESTATION Pursuant to General Order 45(X), I attest that concurrence in the filing of this document has been obtained from each of the other signatories. 4 5 6 7 Dated: April 11, 2013 By: /s/ Karla Gilbride MEHRI & SKALET PLLC Attorneys for Plaintiffs 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Case No. 11-1854 JST (NJV) STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DATES, MODIFICATION OF SCHEDULING ORDER, AND RESOLUTION OF DISCOVERY MOTION 1 [PROPOSED] ORDER 2 Pursuant to the Stipulation of the parties and GOOD CAUSE APPEARING, IT IS SO 3 ORDERED. 4 5 April 12, 2013 DATED: __________________________ _____________________________________ Honorable Jon S. Tigar United States District Court Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 [PROPOSED] ORDER Case No. 11-1854 JST (NJV)

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