Lewis v. Safelite Fulfillment Inc.

Filing 41

ORDER granting 40 STIPULATION WITH PROPOSED ORDER re Deadlines filed by Safelite Fulfillment Inc.. Reset Deadlines re 40 STIPULATION WITH PROPOSED ORDER re Deadlines Motion due by 5/16/2013. Responses due by 6/6/2013. Replies due by 6/17/2013. Motion Hearing set for 7/2/2013 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 2/21/2013. (beS, COURT STAFF) (Filed on 2/22/2013)

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Gregory N. Karasik (SBN 115834)
Karasik Law Firm
11835 W. Olympic Blvd., Ste. 1275
Los Angeles, California 90064
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff
DEMETRIOT K. LEWIS

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[additional counsel listed on next page]

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Brent M. Giddens, State Bar No. 133652
Kent J. Sprinkle, State Bar No. 226971
Kimberly M. Foster, State Bar No. 243216

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CAROTHERS DISANTE & FREUDENBERGER LLP

601 Montgomery Street, Suite 350
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant
SAFELITE FULFILLMENT, INC.

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[additional counsel listed on next page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEMETRIOT K. LEWIS, individually and
on behalf of others similarly situated,
Plaintiff,

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vs.
SAFELITE FULFILLMENT INC.; and
DOES 1 through 10.
Defendants.

Case No. CV-11-5512-CRB
STIPULATION RE EXTENSION OF
MOTION HEARING CUTOFF DATES AND
ORDER THEREON

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Additional Counsel

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Alexander I. Dychter (SBN 234526)
[e-mail]
Dychter Law Offices, APC
1010 Second Ave., Suite 1835
San Diego, California 92101
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff
DEMETRIOT K. LEWIS

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Andrew C. Smith Ohio Registration No. 0008136
Robert A. Harris, Ohio Registration No. 0059549
Daniel J. Clark, Ohio Registration No. 0075125

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VORYS, SATER, SEYMOUR & PEASE LLP

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52 East Gay Street
Columbus, OH 43215
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]

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Admitted Pro Hac Vice
Attorneys for Defendant
SAFELITE FULFILLMENT, INC.

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Plaintiff Demetriot K. Lewis (“Plaintiff”), and defendant Safelite Fulfillment, Inc.
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(“Defendant”), by and through their counsel of record, hereby enter into the following
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Stipulation re Extension of Motion Cutoff Date and mutually request the Court to enter an
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order in accordance therewith.
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STIPULATION
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1.

Plaintiff initiated this action on November 14, 2011. In his complaint, Plaintiff

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asserts claims against Defendant for unpaid overtime wages under the Fair Labor Standards
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Act, which Plaintiff seeks to pursue as a collective action under 29 U.S.C. Section 216, and
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various wage and hour claims against Defendant under California law, which Plaintiff seeks
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to pursue as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure.
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2.

At a case management conference on July 20, 2012, the Court set the following

deadlines:

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Motion to Certify Rule 23 Class and Dispositive Motions

April 30, 2013

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Motion for Decertification if an FLSA Class is Conditionally Certified

June 30, 2013

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Discovery Cut-off

June 30, 2013

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3.

The parties have exchanged written discovery. Among other things, Defendant

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provided Plaintiff with the names and addresses of putative class members in California and

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produced nearly a thousand pages of documents. To date, neither party has yet taken any

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depositions.

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4.

Due to the volume of documents, the number of putative class members, and

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scheduling issues, it has taken Plaintiff longer than previously anticipated to complete his

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investigation and discovery.

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5.

In light of the foregoing, Plaintiff requests that the cut-off dates listed above for

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the Motion to Certify the Rule 23 Class and Dispositive Motions be extended by 60 days to July

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2, 2013. Defendant has no objection to Plaintiff’s request for this extension.

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6.

Plaintiff intends to file his Motion for Conditional Certification of the

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nationwide FLSA collective action at the same time he files his Motion for Certification of

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his state law class action pursuant to Rule 23. Should the Court order conditional

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certification of the nationwide FLSA class, the parties will then have to prepare the opt-in

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notice, submit that notice to the Court for approval, and then send the Court-approved notice

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to the potential nationwide class members; conduct additional discovery based on those who

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opt in to participate in the collective action; and then prepare a decertification motion for

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filing 35 days before the scheduled hearing date. Defendant respectfully suggests that the

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current deadline providing only 60 days from the date of the hearing on the Motion for

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Certification until the hearing on the Motion for Conditional Certification provides

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insufficient time for all of this to occur. Defendant thus requests that the hearing date for the

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motion for decertification be extended by an additional 60 days. Plaintiff has no objection to

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this request.
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8.

The extensions requested herein will not result in any prejudice or undue delay.

The Court has not yet scheduled a trial date.
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For the foregoing reasons, the parties mutually request that the Court revise and

extend the existing case schedule as follows:

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Deadline for filing Rule 23 Motion for
Certification, Motion for Conditional
Certification of FLSA Collective Action,
and Dispositive Motions:

May 16

Deadline for Filing Opposition to
Rule 23, FLSA Conditional Certification,
and Dispositive Motions:

June 6

Deadline for filing Reply in support of
Rule 23, FLSA Conditional Certification,
and Dispositive Motions:

June 17

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Hearing on Rule 23, FLSA Conditional Certification,
and Dispositive Motions:

July 2

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Hearing on Motion for Decertification
if FLSA Conditional Certification is granted:

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Discovery Cut-off, if both Rule 23 and
FLSA Conditional Certification are denied:

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Discovery Cut-off, if either Rule 23 or
FLSA Conditional Certification is granted:

120 days from Order
granting Conditional
Certification

30 days from last Order
denying Rule 23 and
FLSA Conditional
Certification motions

120 days from last Order
granting Rule 23 and/or
FLSA Conditional
Certification motions

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Respectfully submitted,

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Dated: February 19, 2013

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KARASIK LAW FIRM
DYCHTER LAW OFFICES, APC

By

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/Gregory N. Karasik________________
Gregory N. Karasik
Attorneys for Plaintiff
DEMETRIOT K. LEWIS

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Dated: February 19, 2013

CAROTHERS, DISANTE & FREUDENBERGER LLP

By:

/Kent J. Sprinkle_______________________
Kent J. Sprinkle
Attorneys for Defendant
SAFELITE FULFILLMENT, INC.

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ORDER

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Good cause having been shown, it is hereby ordered that the case schedule previously set
by the Court is modified as follows:
Deadline for filing Rule 23 Motion for
Certification, Motion for Conditional
Certification of FLSA Collective Action,
and Dispositive Motions:

May 16

Deadline for Filing Opposition to
Rule 23, FLSA Conditional Certification,
and Dispositive Motions:

June 6

Deadline for filing Reply in support of
Rule 23, FLSA Conditional Certification,
and Dispositive Motions:

June 17

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Hearing on Rule 23, FLSA Conditional Certification,
and Dispositive Motions:

July 2

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Hearing on Motion for Decertification
if FLSA Conditional Certification is granted:

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120 days from Order
granting Conditional
Certification

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Discovery Cut-off, if both Rule 23 and
FLSA Conditional Certification are denied:

30 days from last Order
denying Rule 23 and
FLSA Conditional
Certification motions

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Discovery Cut-off, if either Rule 23 or
FLSA Conditional Certification is granted:

120 days from last Order
granting Rule 23 and/or
FLSA Conditional
Certification motions

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IT IS SO ORDERED.
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____________________________________
Hon. Charles R. Breyer DERED
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IT IS S
United States District Judge
Northern District of California
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DATED: Feb. 21, 2013

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