McKinnon v. Dollar Thrifty Automotive Group, Inc. et al

Filing 78

STIPULATION AND ORDER to Continue Case Management Conference and Withdraw Motion for Protective Order. Motions terminated: 66 MOTION for Protective Order. Case Management Statement due by 12/6/2013. Case Management Conference set for 12/13/2013 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 07/26/2013. (tmi, COURT STAFF) (Filed on 7/26/2013)

1 ROSS B. BRICKER (Admitted pro hac vice) [e-mail]
JOHN F. WARD, JR. (Admitted pro hac vice) [e-mail]
2 JENNER & BLOCK LLP
353 N. Clark Street
3 Chicago, IL 60654-3456
4 KENNETH E. KELLER (State Bar No. 71450) [e-mail]
TRACY M. CLEMENTS (State Bar No. 184150) [e-mail]
5 KELLER, SLOAN, ROMAN & HOLLAND LLP
555 Montgomery Street, 17th Floor
6 San Francisco, CA 94111
Telephone: [phone]
7 Facsimile: [phone]
8 Attorneys for Defendants DOLLAR THRIFTY
AUTOMOTIVE GROUP, INC., DOLLAR RENT A
9 CAR, INC. and DTG OPERATIONS, INC.
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11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13

SAN FRANCISCO DIVISION

14 SANDRA McKINNON and KRISTEN
TOOL, individually and on behalf of all others
15 similarly situated,
Plaintiffs,

16
v.
17

DOLLAR THRIFTY AUTOMOTIVE
18 GROUP, INC. d/b/a DOLLAR RENT A CAR;
DOLLAR RENT A CAR, INC.; DTG
19 OPERATIONS, INC. d/b/a DOLLAR RENT
A CAR; and DOES 1-10, inclusive,
20
Defendants.
21

Case No. 12-cv-04457- SC
CLASS ACTION
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE THE AUGUST 9,
2013 CASE MANAGEMENT
CONFERENCE UNTIL DECEMBER 2013
AND TO WITHDRAW MOTION FOR
PROTECTIVE ORDER; DECLARATION
OF JOHN F. WARD, JR., IN SUPPORT
Current Conf. Date:
Time:
Judge:
Courtroom:

August 9, 2013
10:00 a.m.
Hon. Samuel Conti
1

22
[Complaint Filed: August 24, 2012]
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24

Pursuant to Fed. R. Civ. P. 16(a) and Civil L.R. 7-7(e), 7-12, 6-1(b) and 6-2, and the

25 Declaration of John F. Ward, Jr., it is hereby stipulated by and between the parties, through their
26 respective counsel, as follows:
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28

-1STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MGMT. CONF. AND TO WITHDRAW
MOTION FOR PROTECTIVE ORDER; DECL. IN SUPPORT

Case No. 12-cv-04457-SC

1

WHEREAS, the parties have reached an agreement to pursue mediation with a private

2 mediator, commencing in early November 2013;
3

WHEREAS, in anticipation of that mediation, the parties have reached an agreed to pursue

4 targeted discovery over the next several months and to focus their discovery efforts to topics that
5 they agree will allow for a productive and fully informed mediation, to be completed prior to the
6 initial mediation session;
7

WHEREAS, the parties have agreed to work cooperatively and in good faith during this

8 pre-mediation discovery period, and therefore do not anticipate a need for the Court’s involvement
9 in that process;
10

WHEREAS, on June 19, 2013, this Court scheduled a case management conference for

11 August 9, 2013 at 10:00 a.m. in Courtroom 1 (Dkt. No. 65);
12

WHEREAS, in order to accommodate the above process, the parties respectfully request

13 that the Court continue the currently-scheduled case management conference until early
14 December, after the conclusion of the parties’ planned mediation. At that time, the parties can
15 inform the Court about their mediation efforts, progress on discovery, and, if necessary, address
16 any scheduling issues that have arisen;
17

WHEREAS, given the plan to conduct focused discovery only over the next several

18 months and the agreement to participate in mediation in November, defendants have agreed to
19 withdraw their pending Motion for Protective Order, filed on June 28, 2013 (Dkt. No. 66),
20 reserving the right to re-file the motion if necessary at a later date. Plaintiffs’ response to that
21 motion is currently due on July 26, 2013 and a motion hearing is scheduled for August 23, 2013
22 (Dkt. No. 75), but neither the response nor the hearing will be necessary at this time;
23

WHEREAS, the parties will promptly inform the Court if the parties reach a settlement in

24 the course of mediation.
25

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT, with the

26 Court’s approval, the currently scheduled August 9, 2013 case management conference shall be
27 continued until a date in early December 2013. The parties further agree that the pending motion
28

-2STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MGMT. CONF. AND TO WITHDRAW
MOTION FOR PROTECTIVE ORDER; DECL. IN SUPPORT

Case No. 12-cv-04457-SC

1 for protective order (Dkt. No. 66), shall be withdrawn, without prejudice to defendants’ right to re2 file the motion if necessary at a later date. The parties further agree that if this Stipulation and
3 [Proposed] Order is not approved by the Court prior to July 26, 2013, plaintiffs’ failure to file a
4 response to defendants’ motion for protective order shall not be deemed a lack of opposition to the
5 pending motion, and a time for filing any opposition and reply shall be re-set if needed.
6
7 Dated: July 25, 2013
8

J JENNER & BLOCK LLP
/s/ John F. Ward, Jr.
JOHN F. WARD, JR.

By:

9
10

.

ROSS B. BRICKER (Admitted Pro Hac Vice)
[e-mail]
JOHN F. WARD, JR. (Admitted Pro Hac Vice)
[e-mail]
JENNER & BLOCK LLP
353 N. Clark Street
Chicago, IL 60654-3456
Telephone: [phone]
Facsimile:
312-527-0484

11
12
13
14
15

KENNETH E. KELLER (State Bar No. 71450)
[e-mail]
TRACY M. CLEMENTS (State Bar No. 184150)
[e-mail]
KELLER, SLOAN, ROMAN & HOLLAND LLP
555 Montgomery Street, 17th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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17
18
19
20
21

Attorneys for Defendants
DOLLAR THRIFTY AUTOMOTIVE GROUP,
INC., DOLLAR RENT A CAR, INC. and DTG
OPERATIONS, INC.

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23
24
25 Dated: July 25, 2013
26

WHATLEY KALLAS LLP
By:

27
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/s/ Alan M. Mansfield
ALAN M. MANSFIELD

-3STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MGMT. CONF. AND TO WITHDRAW
MOTION FOR PROTECTIVE ORDER; DECL. IN SUPPORT

Case No. 12-cv-04457-SC

1

[e-mail]
1 Sansome Street, 35th Floor, PMB #131
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]

2
3

10200 Willow Creek Rd., Ste 160
San Diego, CA 92131
Tel: [phone]
Fax: [phone]

4
5
6

JOE R. WHATLEY JR. (Admitted Pro Hac Vice)
[e-mail]
PATRICK J. SHEEHAN (Admitted Pro Hac Vice)
[e-mail]
380 Madison Avenue, 23rd Floor
New York, NY 10017
Tel: [phone]
Fax: [phone]

7
8
9
10

Attorneys for Plaintiffs SANDRA McKINNON and
KRISTEN TOOL

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12

13 Filer’s Attestation: Pursuant to L.R. 5-1(i)(3), John F. Ward, Jr., hereby attests that concurrence
in the filing of this document has been obtained from all signatories.
14
15

ORDER

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PURSUANT TO STIPULATION, and good cause appearing, IT IS HEREBY

17 ORDERED that:

2. Defendants’ Motion for Protective Order (Dkt. No. 66) is withdrawn, and the August
23, 2013 hearing on that motion is vacated.

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Dated: July __, 2013

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S DISTRICT
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_______________________________
The Hon. Samuel Conti
United States District Judge

-4STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MGMT. CONF. AND TO WITHDRAW
MOTION FOR PROTECTIVE ORDER; DECL. IN SUPPORT

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1. The Case Management Conference presently scheduled for August 9, 2013 at 10:00
13
10:00
a.m. is hereby continued to December ___, 2013 at ______ a.m./p.m.

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Case No. 12-cv-04457-SC