Lewis v. Safelite Fulfillment Inc.

Filing 46

ORDER granting 45 STIPULATION WITH PROPOSED ORDER Vacating Class Certification Motion Hearing Date In Light of Pending Motion For Settlement Approval filed by Demetriot K. Lewis. Signed by Judge Charles R. Breyer on 6/17/2013. (beS, COURT STAFF) (Filed on 6/19/2013)

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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
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.
[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,

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

Case No. CV-11-5512-CRB
STIPULATION RE VACATING CLASS
CERTIFICATION
MOTION
HEARING
DATE IN LIGHT OF PENDING MOTION
FOR SETTLEMENT APPROVAL 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
VORYS, SATER, SEYMOUR & PEASE LLP
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

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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.
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

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motion hearing cutoff dates:

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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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3.

By order of the Court dated February 22, 2013, the case management schedule

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was modified and a hearing for Plaintiff’s anticipated motion for class certification was

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scheduled for July 2, 2013.

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4.

At a mediation on April 4, 2013, the parties reached agreement on the material

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terms of a class action settlement. After formal settlement documents were finalized, Plaintiff

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filed a motion for preliminary approval of the settlement on June 7, 2013. The motion for

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preliminary approval is scheduled for hearing on July 12, 2013.
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In light of the foregoing, the parties mutually request that the hearing on July 2,

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2013 scheduled by the Court for Plaintiff’s previously expected motion for class certification,

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which will no longer be filed, be vacated.

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Dated: June 13, 2013

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KARASIK LAW FIRM
DYCHTER LAW OFFICES, APC
By

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

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Dated: June 13, 2013

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CAROTHERS, DiSANTE & FREUDENBERGER LLP
By:

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/ 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 hearing on July 2, 2013
scheduled for Plaintiff’s previously expected motion for class certification be vacated.

RT

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. Breyer

FO

NO

harles R
Judge C

R NIA

____________________________________
ED
Hon. Charles R.TBreyer RDER
OO
I IS S
United States District Judge
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DATED: June 17, 2013

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