Wright et al v. Adventures Rolling Cross Country, Inc. et al

Filing 132

STIPULATION AND ORDER re 131 to Continue Hearing on Plaintiffs' Motion for Class Certification (Joint) filed by Adventures Rolling Cross Country, Inc., Scott Von Eschen. Responses due by 7/3/2013. Replies due by 7/10/2013. Motion Hearing reset for 7/25/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 5/31/13. (bpf, COURT STAFF) (Filed on 5/31/2013)

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Counsel listed on the following page.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT

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SAN FRANCISCO DIVISION

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PETER WRIGHT and MICHELLE
TRAME, individually, on behalf of all
others similarly situated, and on behalf of
the general public,

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Plaintiffs,
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vs.

Case No. 3:12-cv-00982-EMC

JOINT STIPULATION TO CONTINUE
HEARING ON PLAINTIFFS’ MOTION
FOR CLASS CERTIFICATION;
[PROPOSED ORDER]

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ADVENTURES ROLLING CROSS
COUNTRY, INC., dba ADVENTURES
CROSS COUNTRY (ARCC), a California
Corporation, SCOTT VON ESCHEN, and
DOES 1 through 50 inclusive,

Judge: Edward M. Chen
Ctrm: 5, 17th Floor
Current Hearing Date:
June 27, 2013, 1:30 p.m.

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Defendants.
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JOINT STIP TO CONTINUE HEARING ON PLTFS’ MT FOR CLASS CERT;
[PROPOSED] ORDER; CASE NO. 3:12-CV-00982-EMC

4829-1560-0404

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REED E. SCHAPER (SBN 082792)
HIRSCHFELD KRAEMER LLP
233 Wilshire Boulevard, Suite 600
Santa Monica, CA 90401
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
KRISTIN L. OLIVEIRA (SBN 204384)
HIRSCHFELD KRAEMER LLP
505 Montgomery Street, 13th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants
ADVENTURES ROLLING CROSS COUNTRY, INC.,
dba ADVENTURES CROSS COUNTRY (ARCC) and
SCOTT VON ESCHEN

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BRYAN SCHWARTZ LAW
BRYAN SCHWARTZ (SBN 209903)
MICHAEL THOMAS (SBN 226129)
1330 Broadway, Suite 1630
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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RUDY, EXELROD, ZIEFF & LOWE, L.L.P.
DAVID A. LOWE (SBN 178811)
JOHN T. MULLAN (SBN 221149)
351 California Street, Suite 700
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiffs

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JOINT STIP TO CONTINUE HEARING ON PLTFS’ MT FOR CLASS CERT;
[PROPOSED] ORDER; CASE NO. 3:12-CV-00982-EMC

4829-1560-0404

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TO THE COURT:
Plaintiffs PETER WRIGHT and MICHELLE TRAME (“Plaintiffs”) and Defendants

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ADVENTURES ROLLING CROSS COUNTRY, INC., and SCOTT VON ESCHEN

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(“Defendants”), by and through their respective counsel of record, herein agree and stipulate as

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follows:

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RECITALS

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1.

Plaintiffs filed their Motion for Class Certification May 22, 2013. The court-

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ordered deadline for Defendants to file an Opposition or Response to the Motion is June 5, 2013.

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See ECF Document 127.

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2.

Defendants make the following representations as the basis for their request to

postpone the hearing and the opposition deadline:


Due to other previously-scheduled meetings and appearances, Defendants’ counsel of

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record is not available until approximately May 30, 2013, and thus unable to devote the

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necessary time and attention to Defendants’ Opposition until May 30, 2013.

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

The busiest time of year for Adventures-Rolling Cross Country (ARCC) is from May to

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August, when ARCC staff trains their Trip Leaders, prepares the Trip Leaders for the

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international and domestic trips, frequently communicates with the Trip Leaders while

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they are leading the trips, and conducts a three-day post-trip debriefing upon the Leaders’

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return in the months of July and August.

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

The President of Adventures-Rolling Cross Country, Defendant Scott von Eschen, will be

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out of the office with limited email and telephone access from May 29, 2013 to June 7,

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2013. Thereafter, Mr. von Eschen must lead and participate in staff training and

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preparation days for ARCC’s Trip Leaders until approximately June 21, 2013, during

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which time he will not be readily available via email or telephone, nor will Mr. von

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Eschen have internet access. It is expected that Mr. von Eschen will participate in the

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strategy and decisions in the development of Defendants’ Opposition, and thus be

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available to Defendants’ counsel.

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3.

For the foregoing reasons, Defendants request a brief three-week continuance of
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JOINT STIP TO CONTINUE HEARING ON PLTFS’ MT FOR CLASS CERT;
[PROPOSED] ORDER; CASE NO. 3:12-CV-00982-EMC

4829-1560-0404

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the hearing on Plaintiffs’ Motion for Class Certification and the deadline to file their response to

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the Motion.

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4.

Plaintiffs will not oppose Defendants’ request based upon Defendants’

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representation that this will be the only extension request and that this matter will be submitted

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not later than July 18, 2013.

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5.

Plaintiffs further will not oppose Defendants’ request based upon the

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understanding that the statute of limitations under 29 U.S.C. §216(b) remains tolled, pursuant to

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the parties’ prior stipulation, such that putative FLSA class members are not prejudiced by the

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brief delay.

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STIPULATION
NOW, THEREFORE, based upon the foregoing representations and agreements, Plaintiffs

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and Defendants hereby agree and stipulate as follows, subject to Court approval, that the hearing

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on Plaintiffs’ Motion for Class Certification set for June 27, 2013 be vacated and continued to
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July 18, 2013 at 1:30 p.m.

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Defendants’ Opposition and Response to Plaintiffs’ Motion for Class Certification is due
July 3, 2013. Plaintiff’s Reply is due July 10, 2013.
IT IS SO STIPULATED:

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JOINT STIP TO CONTINUE HEARING ON PLTFS’ MT FOR CLASS CERT;
[PROPOSED] ORDER; CASE NO. 3:12-CV-00982-EMC

4829-1560-0404

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Dated: May 30, 2013

HIRSCHFELD KRAEMER LLP

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By: /s/ Kristin L. Oliveira
Reed E. Schaper
Kristin L. Oliveira
Attorneys for Defendants
ADVENTURES ROLLING CROSS
COUNTRY, INC., dba ADVENTURES
CROSS COUNTRY (ARCC) and SCOTT
VON ESCHEN

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Dated: May 30, 2013

BRYAN SCHWARTZ LAW
RUDY EXELROD ZIEFF & LOWE, LLP

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By: /s/ Bryan Schwartz
Bryan J. Schwartz
Attorneys for Plaintiffs
PETER WRIGHT and MICHELLE TRAME

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JOINT STIP TO CONTINUE HEARING ON PLTFS’ MT FOR CLASS CERT;
[PROPOSED] ORDER; CASE NO. 3:12-CV-00982-EMC

4829-1560-0404

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[PROPOSED] ORDER
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Plaintiffs’ reply is due by July 10, 2013.

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RT

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By:

D
Edward M. Chen
RDERE
S SO OUnitedD
TI
IJudge of theDIFIE States District Court
AS MO
dwar
Judge E

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en

d M. Ch

NO

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UNIT
ED

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Dated: May __, 2013

S DISTRICT
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Defendants’ response to Plaintiffs’ Motion for Class Certification is due by July 3, 2013.

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Pursuant to the parties’ Joint Stipulation, it is so ordered that the hearing on Plaintiffs’
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Motion for Class Certification is re-scheduled from June 27, 2013 to July 18, 2013 at 1:30 p.m.

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JOINT STIP TO CONTINUE HEARING ON PLTFS’ MT FOR CLASS CERT;
[PROPOSED] ORDER; CASE NO. 3:12-CV-00982-EMC

4829-1560-0404