Vartanian v. Nationwide Legal, Inc et al

Filing 57

STIPULATION AND ORDER re 56 STIPULATION WITH PROPOSED ORDER (Corrected) filed by Greg Vartanian, Nationwide Legal, LLC, Nationwide Legal, Inc Case Management Statement due by 7/18/2013. Further Case Management Conference reset for 7/25/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Class Certification Motion Hearing reset for 11/14/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 5/9/13. (bpf, COURT STAFF) (Filed on 5/9/2013)

1
2
3
4
5
6

FERNANDO F. CHAVEZ
[e-mail]
California Bar No. 86902
LAW OFFICES OF FERNANDO F. CHAVEZ

1530 The Alameda, Suite 301
San Jose, CA 95126
[phone] – Phone
[phone] – Facsimile
Attorneys for Greg Vartanian, Plaintiff

7
8
9

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

10
11
12
13
14
15
16
17

GREG VARTANIAN, on behalf
§
of himself and all others similarly situated, §
§
§
Plaintiffs,
§
vs.
§
§
NATIONWIDE LEGAL, INC.,
§
NATIONWIDE LEGAL, LLC, and
§
DOES 1-100, inclusive.
§
§
Defendant.

Case No. 3:12-cv-00691-EMC
CORRECTED JOINT STIPULATION
AND PROPOSED ORDER TO EXTEND
DEADLINES

18

Plaintiff, Greg Vartanian, individually, and on behalf of putative class members
19
20

(“Plaintiffs”), and Defendants, Nationwide Legal, Inc. and Nationwide Legal, LLC

21

(“Defendants”), through their undersigned attorneys, stipulate and respectfully request that this

22

Court approve a continuation of the status conference from July 11, 2013 to July 22, 2013; and

23

continue the continue the hearing on class certification from October 31, 2013 to a date

24

convenient for the Court after November 1, 2013. As grounds for this extension, the parties state
25
26
27
28

as follows:
1.

On February 21, 2013 the parties filed a Notice of Stipulation and Order re

Continuance of Mediation Completion Date (Doc. 52) requesting that (a) the mediation deadline

CORRECTED JOINT STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINES - 1

1
2

be moved to April 29, 2013; (b) the status conference be continued to May 6, 2013; and (c)
continuing the deadline for Plaintiff to serve his FLSA and Rule 23 Motion for Class

3

Certification to July 16, 2013.
4
5

2.

This Court entered an Order (Doc. 53) on February 25, 2013 (a) continuing the

6

mediation completion date to April 29, 2013; (b) continuing the status conference to May 9,

7

2013 at 10:30 a.m.; (c) continuing the deadline for Plaintiff to serve his FLSA 216(b) and Rule

8

23 Class Certification Motion to July 16, 2013; and (d) continuing the hearing on class
9
10
11
12
13

certification to August 22, 2013 at 1:30 p.m.
3.

The parties were scheduled to mediate this matter on April 24, 2013 with Carol

Woodward in San Francisco.
4.

On Sunday, April 21, 2013, Robert Camp, lead counsel for the Plaintiff, had to

14

cancel the mediation due to his father-in-law’s terminal illness, which required he and his family
15
16

to assist in caring for his father-in-law. On April 25, 2013, hospice evaluated the undersigned’s

17

father-in-law and determined that he had a two to three week life expectancy. The undersigned’s

18

father-in-law passed April 29, 2013 and as such Mr. Camp was out of the office from April 21,

19

2013 until May 5, 2013.

20

5.

On April 29, 2013 (Doc. 54) the undersigned, Robert Camp, working from his

21
22

father-in-law's home through his staff remotely, filed a joint stipulation requesting the

23

enlargement of certain dates as a result of his need to cancel the mediation. However, due to a

24

misunderstanding and confusion on his part, these proposed dates were not agreed upon as

25

represented. Based on previous communications the undersigned believed at the time he had
26
27
28

authority from Defense Counsel to move the Court to enlarge the deadline to mediate and to
avoid the parties’ conflicts the first part of May. As such, Mr. Camp simply moved all deadlines

CORRECTED JOINT STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINES - 2

1
2

60 days to accommodate the parties’ conflicts previously discussed, utilizing a previous filing as
a template for the draft and did not confer again. Accordingly, Defense Counsel did not have an

3

opportunity to review and approve the document before filing, as Mr. Camp did not provide a
4
5

copy of the stipulation to Defense Counsel. Thus, Defense Counsel was unable to notify Mr.

6

Camp before filing that the dates were unacceptable and as such, this requested correction made

7

by the parties is not the fault of Defense Counsel.

8

6.

The Court granted the stipulation on April, 29, 2013 (Doc. 55).

7.

The evening of April 29, 2013, Defense Counsel apprised the undersigned, Robert

9
10
11

Camp, of the misrepresentation, that the dates conflicted with her schedule and that her intent

12

was for Plaintiff's Counsel merely to notify the Court the mediation deadline could not be met.

13

Mr. Camp notified Defense Counsel his father-in-law had died earlier that same day and

14

apologized stating he would correct the issue.
15
16

8.

May 2, 2013, Defense Counsel advised that the dates set forth in the stipulation

17

were acceptable with the exception of the dates setting the Status Conference and Hearing on

18

Class Certification.

19

9.

The undersigned Robert Camp apologizes to this Court for his failure to follow

20

proper protocol and the additional work this correction places on the Court. Mr. Camp states this
21
22

regrettable situation occurred as a result of his own oversight born out of trying to hurriedly work

23

on this case remotely while at the same time caring for a dying loved one. Mr. Camp states this

24

conduct is not indicative of his professionalism or practice.

25

10.

As such, the parties respectfully request the previous proposed deadlines accepted

26
27
28

by the Court regarding the Status Conference and Hearing on Class Certification be amended as
follows:

CORRECTED JOINT STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINES - 3

1

Status Conference: July 22, 2013

2

Hearing on Motion for Class Certification: A date agreeable and convenient
for the Court after November 1, 2013.

3
4
5

July 25, 2013 at 10:30 a.m.

11.

All the undersigned have conferred and approved the filing of this stipulation.

8

For the above reasons, the parties request that the Court (a) continue the status
25
conference from July 11, 2013 to July 22, 2013; and (b) continue the hearing on class
November 14, 2013 at 1:30 p.m.
certification on October 13, 2013 to a date convenient for the Court after November 1, 2013.

9

Dated: May 6, 2013

6
7

12.

Respectfully submitted,

10

THE COCHRAN FIRM, LLC

11

/s/ Robert J. Camp
ROBERT J. CAMP
[e-mail]
Admitted Pro Hac Vice
1929 3rd Avenue North, Suite 800
Birmingham, AL 35203
[phone] – Phone
[phone] – Facsimile

12
13
14
15
16

MITCHELL G. ALLEN
[e-mail]
CORY, WATSON, CROWDER AND DEGARIS
2131 Magnolia Avenue
Birmingham, AL 35205
205-328-2800 – Phone

17
18
19
20
21
22

FERNANDO CHAVEZ
[e-mail]  
California Bar No. 86902 
LAW OFFICES OF FERNANDO F. CHAVEZ

23

1530 The Alameda, Suite 301
San Jose, CA 95126
[phone] – Phone
[phone] – Facsimile

24
25
26

Attorneys for Plaintiff
27
28

GREG VARTANIAN
– and –
CORRECTED JOINT STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINES - 4

1

/s/ Michelle La Mar
MICHELLE LA MAR (SBN 163038)
[e-mail]
JON DARYANANI (SBN 205149)
[e-mail]
ERIN SMITH (SBN 235039)
[e-mail]
LOEB & LOEB LLP
10100 Santa Monica Blvd., Ste. 2200
Los Angeles, CA 90067
[phone] – Phone
[phone] – Facsimile

2
3
4
5
6
7
8

MICHAEL E. ADAMS
[e-mail]
LAW OFFICES OF MICHAEL E. ADAMS
702 Marshall Street, suite 300
Redwood City, CA 94063
[phone] – Phone
[phone] – Facsimile

9
10
11
12
13

Attorneys for Defendants
NATIONWIDE LEGAL, INC. and
NATIONWIDE LEGAL, LLC

14
15
16

RT
U
O

22

26

ER

H

25

RT

24

hen
rd M. C
ge Edwa
Jud

NO

23

D
RDERE
IS SO O FIED
IT
DI
AS MO

LI

21

A

20

UNIT
ED

S

19

IST

RIC
SD
____________________________
TC
TE
EDWARD M. CHEN TA
UNITED STATES DISTRICT JUDGE

R NIA

18

IT IS SO ORDERED (AS MODIFIED ABOVE)

FO

17

N

F
D IS T IC T O
R

C

27
28

CORRECTED JOINT STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINES - 5