Sewell et al v. State Compensation Insurance Fund

Filing 29

STIPULATION AND ORDER to Continue Case Management Conference. Case Management Statement due by 11/8/2013. Further Case Management Conference set for 11/18/2013 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 08/14/2013. (tmi, COURT STAFF) (Filed on 8/14/2013)

Sewell et al v. State Compensation Insurance Fund

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Doc. 29

SEYFARTH SHAW LLP
Mark P. Grajski (SBN 178050)
[e-mail]
Brandon R. McKelvey (SBN 217002)
[e-mail]
Julie G. Yap (SBN 243450)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone:
[phone]
Facsimile:
[phone]

STATE COMPENSATION INSURANCE
FUND
Gina Marie S. Ong, Staff Counsel (SBN
204137)
[e-mail]
Jody A. DeBernardi, Asst. Chief Counsel
(SBN 139670)
[e-mail]
1750 E. Fourth Street, Suite 450
Santa Ana, California 92705-3930
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
STATE COMPENSATION INSURANCE FUND,
A Public Enterprise Fund

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Mary-Alice Coleman
Michael S. Ahmad
Law Office of Mary-Alice Coleman
1109 Kennedy Place, Suite 2
Davis, CA 95616
Phone: [phone]
Fax: [phone]

Harvey Sohnen
Patricia M. Kelly
Law Offices of Sohnen & Kelly
2 Theatre Square, Suite 230
Orinda, CA 94563-3346
Phone: [phone]
Fax: [phone]

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Attorneys for Plaintiffs
ANDREA SEWELL, CONRAD SILVA, and
EDITH VIERA,

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 3:13-cv-00588 TEH

ANDREA SEWELL, CONRAD SILVA, and
EDITH VIERA, individually, and on behalf of
all others similarly situated,
Plaintiff,

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JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
THE CASE MANAGEMENT
CONFERENCE DATE

v.

Complaint Filed: February 11, 2013

STATE COMPENSATION INSURANCE
FUND,

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Defendant.
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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT
CONFERENCE
16003711v.1

Dockets.Justia.com

JOINT STIPULATION

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This Stipulation is made by and between Plaintiffs (“Plaintiffs”) and Defendant State

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Compensation Insurance Fund (“Defendant”), through their respective counsel of record, with

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reference to the following facts:

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1.

On February 11, 2013, Plaintiffs filed their Complaint against Defendant in this

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2.

On April 12, 2013, Plaintiffs filed an Amended Complaint;

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3.

On April 29, 2013 Defendant filed its answer to Plaintiffs’ Amended Complaint;

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4.

On May 20, 2013 at 1:30 p.m., the Court held an initial Case Management

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Court;

Conference in this matter;
5.

On May 20, 2013, the Court ordered a further Case Management Conference to

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be held on August 19, 2013, at 1:30 p.m., with an updated joint signed report due seven (7) days

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before the Case Management Conference;

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6.

The parties have scheduled a mediation on September 9, 2013 with class-action

mediator Mark Rudy of San Francisco;
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The parties hereby agree to toll the running of the statute of limitations (with

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respect to the Fair Labor Standards Act claim alleged in the First Amended Complaint) for the

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plaintiffs that file consent forms and opt-in to the FLSA collective action, beginning August 9,

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2013, and continuing until the day after the mediation scheduled with Mark Rudy;

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8.

To accommodate mediation and to conserve judicial and party resources the

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parties have agreed to request that the Court continue for ninety (90) days (or to a date

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convenient to the Court) the Case Management Conference currently set for August 19, 2013;

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9.

The parties further request that the Case Management Conference not be set from

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November 20, 2013 through November 29, 2013 to accommodate counsel’s preexisting travel

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plans during the Thanksgiving Holiday.

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NOW THEREFORE, the Parties stipulate and jointly request that the Court continue the
date of the Case Management Conference, currently scheduled for August 19, 2013, to

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT
CONFERENCE
16003711v.1

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November 18, 2013, at 1:30 p.m., or as soon thereafter as the Court’s calendar permits

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(excluding November 20, 2013 to November 29, 2013).

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IT IS SO STIPULATED.
DATED: August 14, 2013

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Respectfully submitted,
SEYFARTH SHAW LLP

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By: /s/ Julie G. Yap
Mark P. Grajski
Brandon R. McKelvey
Julie G. Yap
Attorneys for Defendant
STATE COMPENSATION INSURANCE FUND

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DATED: August 14, 2013

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Respectfully submitted,
LAW OFFICE OF MARY-ALICE COLEMAN

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By: /s/ Michael S. Ahmad
Michael S. Ahmad
Attorneys for Plaintiffs
ANDREA SEWELL, CONRAD SILVA, and
EDITH VIERA,

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DATED: August 14, 2013

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Respectfully submitted,
LAW OFFICES OF SOHNEN & KELLY

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By: /s/ Harvey Sohnen
Harvey Sohnen
Attorneys for Plaintiffs
ANDREA SEWELL, CONRAD SILVA, and
EDITH VIERA,

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT
CONFERENCE
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ORDER

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After considering the Parties’ Stipulation to Continue Date of the Case Management

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Conference, IT IS ORDERED that the current Case Management Conference scheduled for

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August 19, 2013, at 1:30 p.m., is continued to November 18, 2013, at 1:30 p.m. [OR]

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_________________ , 2013 at ________ a.m./p.m. An updated joint report shall be due

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November 8
November 11, 2013 [OR] ________________, 2013.

S
UNIT
ED

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Dated:

08/14 , 2013

U.S. DISTRICT COURT JUDGE
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IT IS SO ORDERED.

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT
CONFERENCE
16003711v.1