Villalpando v. Exel Direct Inc. et al

Filing 51

ORDER Granting re 50 Joint Case Management Statement & Request to Continue Case Management Conference filed by Exel Direct Inc. Case Management Statement due by 9/6/2013. Further Case Management Conference re-set for 9/13/2013 01:30 PM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 8/21/13. (klhS, COURT STAFF) (Filed on 8/21/2013)

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JOINT CASE MANAGEMENT STATEMENT & PROPOSED ORDER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)
DANIEL VILLALPANDO, individually and )
on behalf of all others similarly situated,
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Plaintiff(s),
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vs.
EXEL DIRECT INC., DEUTSCHE POST )
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DHL, DHL EXPRESS (USA), INC., and
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DOES 1 to 50,
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Defendant(s).
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Case Number: 12-cv-04137-JCS
Case Number: 13-cv-03091-JCS
JOINT CASE MANAGEMENT
STATEMENT AND REQUEST TO
CONTINUE CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

The related Villalpando v. Exel Direct Inc., No. 3:12-cv-04137-JCS, and Shekur v. Exel
Direct Inc., No. 4:13-cv-03091-JCS cases are putative class actions alleging violations of
California wage and hour laws arising out of Defendants’ classification of delivery drivers as
independent contractors. On April 8, 2013, the Court scheduled a case management conference

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for August 23, 2013, in Villalpando, to allow the parties an opportunity to have a mediation
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before Mark Rudy before establishing a revised case management schedule. ECF No. 43. On
August 8, 2013, the Court granted the parties’ unopposed request to have the later-filed case of
Shekur, designated as related to Villalpando, and reassigned to this Court. ECF No. 49. On
August 13, 2013, the parties and counsel in both Villalpando and Shekur appeared for a
mediation with Mark Rudy.

The parties made progress, but did not resolve the matter at the

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mediation. With the assistance of Mr. Rudy, the parties agreed to continue their negotiations

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over a two-week period to determine if the case might be resolved before resuming formal
Page 1 of 3
Form updated January 2012

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litigation. Accordingly, to avoid the possibility of expending resources of the Court and the

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parties in planning a litigation schedule before the parties determine whether a settlement at this

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stage is possible, the parties respectfully request that the Court grant a short continuance of the

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case management conference for two weeks or a date shortly thereafter that is convenient to the

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Court.

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DATED:

August 20, 2013

/s/ Andrew J. Butcher
Andrew J. Butcher
Scopelitis, Gavin, Light, Hanson & Feary
1850 M Street N.W., Suite 280
Washington, DC 20036-5804
Tel.: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants

DATED:

August 20, 2013

/s/ Linh T. Hua
Linh T. Hua
Spiro Moore LLP
11377 W Olympic Blvd 5th Floor
Los Angeles, CA 90064
[phone]
[e-mail]
Attorneys for Plaintiff, Tafiti Shekur

DATED:

August 20, 2013

/s/ Joshua G. Konecky
Joshua G. Konecky
Schneider Wallace Cottrell Konecky LLP
180 Montgomery Street, Suite 2000
San Francisco, CA 94104
[phone]
[e-mail]
Attorneys for Plaintiff, Daniel Villalpando

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Page 2 of 3
Form updated January 2012

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CASE MANAGEMENT ORDER

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Good cause shown, the Court hereby continues the Case Management Conference

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September 13,
1:30
currently scheduled for August 23, 2013 at 1:30 p.m., to _________________, 2013 at _______

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[a.m.][p.m.]. A joint case management conference statement shall be filed by

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________________, 2013.
September 6

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R NIA

Spero
seph C.

Judge Jo

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Dated: 8/21/13

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UNIT
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IT IS SO ORDERED.

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S DISTRICT
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JOSEPH C. SPERO
UNITED STATES MAGISTRATE JUDGE

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4825-5097-3717, v. 2

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Page 3 of 3
Form updated January 2012