Flores et al v. Velocity Express, Inc.

Filing 325

STIPULATION AND ORDER re 324 STIPULATION WITH PROPOSED ORDER AMENDING SCHEDULE FOR SUBMISSION OF PARTIES PROPOSED SETTLEMENT filed by Darah Doung, Phillip Flores. Motion due by 10/26/2018. Signed by Judge Jon S. Tigar on October 23, 2018. (wsn, COURT STAFF) (Filed on 10/23/2018)

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ROBERT G. HULTENG, Bar No. 071293
[e-mail]
AURELIO PEREZ, Bar No. 282135
[e-mail]
LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: 415.399.8490

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Attorneys for Defendants
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Timothy J. Becker (MN Bar No. 256663)
[e-mail]
Jacob R. Rusch (MN Bar No. 391892)
[e-mail]
JOHNSON BECKER, PLLC
444 Cedar Street, Suite 1800
St. Paul, Minnesota 55102
Telephone:
612.436.1800
Facsimile:
612.436.1801

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Trial Counsel for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PHILLIP FLORES and DARAH DOUNG,
individually and on behalf of all similarly
situated individuals,

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Assigned for all purposes to the Honorable Jon
S. Tigar

Plaintiff,

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Case No. 3:12-cv-05790-JST

v.
TFI INTERNATIONAL INC., a Foreign
Corporation, F/K/A TRANSFORCE INC., a
Foreign Corporation, and TFORCE FINAL
MILE, LLC, a Foreign Limited Liability
Company, F/K/A TF FINAL MILE, LLC, a
Foreign Limited Liability Company, F/K/A
DYNAMEX OPERATIONS EAST, LLC, a
Foreign Limited Liability Company, F/K/A
DYNAMEX OPERATIONS EAST, INC., a
Foreign Corporation,

JOINT STIPULATION AND [PROPOSED]
ORDER AMENDING SCHEDULE FOR
SUBMISSION OF PARTIES’ PROPOSED
SETTLEMENT
Complaint Filed:
1st Amended Complaint Filed:
2nd Amended Complaint Filed:
3rd Amended Complaint Filed:
4th Amended Complaint Filed:

Nov. 9, 2012
Jan. 8, 2013
July 18, 2013
Mar. 28, 2014
June 26, 2014

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Defendant.
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LITTLE R MEND ELSO N, P .C .
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

ORDER RE PROPOSED
SETTLEMETN

CASE NO. 3:12-CV-05790-JST

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The Parties have been working on drafting a Settlement Agreement, Motion for Approval,

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and exhibits related to both. Currently, the deadline to file the Motion is October 23 with an approval

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hearing on November 15, at 2:00 p.m.

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The Parties request permission to amend the filing deadline three days to October 26, but

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keep the November 15 approval hearing date as currently scheduled. Due to schedules of lead

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Counsel, and a conflicting mediation scheduled for October 22, the Parties have been unable to

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complete the motion papers and exhibits. While the Parties have made considerable progress towards

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drafting a Settlement Agreement and Release, the Parties cannot meet-and-confer via phone

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conference until the current filing deadline, October 23. The added three days will allow the Parties

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to meet-and-confer to finalize the motion papers.

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IT IS HEREBY ORDERED that the Parties file a Motion and supporting memorandum

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outlining the proposed settlement terms by October 26, 2018. The hearing on the Parties’ motion for

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approval of the settlement shall remain November 15, 2018 at 2 p.m. as scheduled.

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SO STIPULATED.

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Dated:

October 22, 2018

/s/ Jacob R. Rusch
Timothy J. Becker
Jacob R. Rusch
JOHNSON BECKER, PLLC
Trial Counsel for Plaintiffs

Dated:

October 22, 2018

/s/ Aurelio J. Perez
ROBERT G. HULTENG
AURELIO J. PEREZ
LITTLER MENDELSON, P.C.
Attorneys for Defendants

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LITTLE R MEND ELSO N, P .C .
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

AMENDED ORDER RE PROPOSED
SETTLEMETN

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CASE NO. 3:12-CV-05790-JST

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PROPOSED ORDER
Pursuant to the Parties’ stipulation and for good cause shown, the filing deadline for the
Parties settlement approval motion and attending exhibits is extended 3 days, to October 26, 2018.

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The November 15, 2018 hearing date remains as scheduled.
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IT IS SO ORDERED.
Dated:

October

23

, 2018

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HONORABLE JON S. TIGAR

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LITTLE R MEND ELSO N, P .C .
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

AMENDED ORDER RE PROPOSED
SETTLEMETN

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CASE NO. 3:12-CV-05790-JST

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ATTESTATION FOR COMPLIANCE WITH CIVIL L.R. 5-1(i)(3)
I, Jacob R. Rusch, declare under penalty of perjury and pursuant to the laws of California and
the United States that I have in my possession e-mail correspondence from Aurelio J. Perez that the

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content of this Joint Stipulation is acceptable to all persons required to sign it.
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Dated: October 22, 2018

/s/ Jacob R. Rusch
Jacob R. Rusch
Johnson Becker, PLLC

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LITTLE R MEND ELSO N, P .C .
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

AMENDED ORDER RE PROPOSED
SETTLEMETN

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CASE NO. 3:12-CV-05790-JST