Sewell et al v. State Compensation Insurance Fund

Filing 35

STIPULATION AND ORDER Continuing Case Management Conference. Case Management Statement due by 1/3/2014. Further Case Management Conference set for 1/13/2014 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 11/14/2013. (tmi, COURT STAFF) (Filed on 11/14/2013)

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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 (SBN 204137)
[e-mail]
Jody A. DeBernardi (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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ANDREA SEWELL, CONRAD SILVA, and
EDITH VIERA, individually, and on behalf of
all others similarly situated,

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Plaintiff,

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Case No. 3:13-cv-00588 TEH
JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
THE CASE MANAGEMENT
CONFERENCE DATE

v.
STATE COMPENSATION INSURANCE
FUND,

Complaint Filed: February 11, 2013

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

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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 case management statement due

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seven (7) days before the Case Management Conference;

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6.

On August 12, 2013, the parties filed their updated joint case management

statement;

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7.

On August 14, 2013, the parties filed a joint stipulation to continue the Case

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Management Conference because the parties had scheduled a mediation to occur on September

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9, 2013 with class-action mediator Mark Rudy in San Francisco;

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8.

On August 14, 2013, this Court entered the Order Continuing the Case

Management Conference from August 19, 2013 to November 18, 2013;

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9.

The parties attended the mediation with Mark Rudy on September 9, 2013;

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10.

The case did not settle the day of the mediation, but progress was made and the

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parties agreed to continue to explore resolution with the help of the mediator;

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11.

To facilitate further discussions State Fund needed to gather additional data

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related to the putative class/collective and also complete a process internally to obtain additional

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approval for further mediation from State Fund’s management;

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///

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT
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encountered some problems with the data, which lengthened the process longer than anticipated;

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State Fund has diligently engaged in this process since September, but

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The parties have agreed to continue the mediation and have worked out mutual

extensions on discovery deadlines and tolling as to the collective action members;

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14.

The parties previously agreed 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 after mediation;

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15.

The parties have extended the tolling agreement through November 22, 2013 to

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facilitate continued settlement discussions and mediation efforts and will continue tolling on a

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rolling basis as needed until settlement and mediation efforts have concluded;

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The parties have also agreed to extend the deadlines for responding to discovery

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that plaintiffs have propounded, such that the deadlines will not start to run until after the parties

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have determined that settlement and mediation efforts have concluded or are no longer

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productive;

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The parties plan on negotiating/communicating through the mediator over the

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next few weeks and will attempt to fully explore resolution over the telephone, and, if necessary,

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the parties may possibly schedule a second day of mediation;

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To accommodate the continuing settlement discussions and mediation efforts, as

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well as to conserve judicial and party resources, the parties have agreed to request that the Court

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continue the Case Management Conference currently set for November 18, 2013, until a date in

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January 2014;

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The parties believe this additional time is needed to fully explore settlement and

exhaust the mediation process while navigating around the coming holidays;

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

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January 23, 2014 to January 27, 2014 to accommodate counsel’s preexisting travel plans.

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT
CONFERENCE
16420678v.1

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NOW THEREFORE, the Parties stipulate and jointly request that the Court continue the

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date of the Case Management Conference, currently scheduled for November 18, 2013, to

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January 13, 2014, at 1:30 p.m., or as soon thereafter as the Court’s calendar permits (excluding

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January 23, 2014 to January 27, 2014).

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IT IS SO STIPULATED.
DATED: November 8, 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: November 8, 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: November 8, 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
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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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November 18, 2013, at 1:30 p.m., is continued to January 13, 2014, at 1:30 p.m. [OR]

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_________________ , 2014 at ________ a.m./p.m. An updated joint report shall be due January

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3, 2014 [OR] ________________, 2014.

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S

Dated:

11/13

UNIT
ED

, 2013

U.S. DISTRICT COURT JUDGE

H

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lton E
dge The

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FO

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rson

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S DISTRICT
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IT IS SO ORDERED.

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