Rubio-Delgado v. Aerotek, Inc.

Filing 39

STIPULATION AND ORDER Regarding Discovery and Joint Status Report. Signed by Judge Samuel Conti on 08/04/2014. (tmi, COURT STAFF) (Filed on 8/5/2014)

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SEE COUNSEL LIST ON NEXT PAGE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JOSE RUBIO-DELGADO, individually,
on behalf of other similarly situated
individuals, and on behalf of the general
public,

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JOINT STATUS REPORT AND
STIPULATION REGARDING DISCOVERY

Plaintiff,

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Case No. 13-CV-3105-SC

v.
AEROTEK, INC.,
Defendant.

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JOINT STATUS REPORT/STIPULATION
AND ORDER

Case No. 13-cv-3105-SC

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ROD M. FLIEGEL, Bar No. 168289
[e-mail]
ALISON S. HIGHTOWER, Bar No. 112429
[e-mail]
ROXANNA IRAN, Bar No. 273625
[e-mail]
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, California 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490
Attorneys for Defendant
AEROTEK, INC.

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THE LAW OFFICES OF DEVIN H. FOK
Devin H. Fok (SBN #256599)
[e-mail]
P.O. Box 7165
Alhambra, CA 91802-7165
Phone:
[phone]
Fax:
[phone]
A NEW WAY OF LIFE REENTRY
PROJECT
Ely Grinvald (SBN #285475)
[e-mail]
958 E 108th Street
Los Angeles, CA 90059
Phone:
[phone]
Fax:
[phone]

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NICHOLS KASTER, PLLP
Rebekah L. Bailey, CA Bar No. 258551
[e-mail]
E. Michelle Drake, MN Bar No. 0387366*
[e-mail]
Anna P. Prakash, MN Bar No. 0351362*
[e-mail]
4600 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Phone:
[phone]
Fax:
[phone]
*admitted pro hac vice

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Attorneys for Individual and Representative
Plaintiff
JOSE RUBIO-DELGADO

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JOINT STATUS REPORT/STIPULATION
AND ORDER

Case No. 13-cv-3105-SC

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Plaintiff JOSE RUBIO-DELGADO and Defendant AEROTEK, INC. (collectively, the

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“Parties”), by and through their respective attorneys of record, hereby submit the following status

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report and pre-mediation discovery plan.

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1.

reach a settlement.

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2.

WHEREAS, the Parties have agreed to continue settlement discussions and have

scheduled a mediation for September 16, 2014.

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WHEREAS, the Parties attended mediation in this case on June 18, 2014, but did not

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WHEREAS, pursuant to this Court’s Order of July 25, 2014, the Parties are to submit

a Joint Status Report and Discovery Plan today.

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4.

WHEREAS, the Parties have held additional “meet and confer” discussions, resulting

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in an agreement to engage in certain formal discovery prior to their September 16 mediation that

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both sides believe will enhance the likelihood of a settlement being reached, without expending

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resources on discovery that can be deferred until after the mediation.

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5.

WHEREAS, the Parties have agreed that, prior to the September 16 mediation,

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Plaintiff will respond to certain document requests and Defendant will respond to certain requests for

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admission, interrogatories, and document requests.

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6.

WHEREAS, the Parties have agreed that the responses to the agreed upon discovery

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referenced in Paragraph 5 above shall be due on August 15, 2014, and that responses to all other

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written discovery that has been served in this case shall not be due until 30 days following the

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September 16 mediation, absent further agreement or court order. All objections and rights with

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regard to such discovery are preserved.

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7.

WHEREAS, the Parties have agreed that, within seven (7) days of the September 16

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mediation, they will provide the Court with either notice that they have settled or an updated Joint

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Status Report and Discovery Plan for the remainder of the case.

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WHEREFORE, the Parties jointly request that the instant Stipulation be granted, that

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discovery continue as outlined above, and that the Court set September 23, 2014 as the deadline for

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JOINT STATUS REPORT/STIPULATION
AND ORDER

1.

Case No. 13-cv-3105-SC

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the parties to either inform the Court that they have settled or file an updated Joint Status Report and

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Discovery Plan for the remainder of the case.

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IT IS SO STIPULATED:
Dated: August 1, 2014

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/s/ E. Michelle Drake
E. Michelle Drake
ANNA P. PRAKASH
NICHOLS KASTER, PLLP
Attorneys for Plaintiff
JOSE RUBIO-DELGADO

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Dated: August 1, 2014

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/s/ Rod M. Fliegel
ROD M. FLIEGEL
ALISON S. HIGHTOWER
ROXANNA IRAN
LITTLER MENDELSON, P.C.
Attorneys for Defendant
AEROTEK, INC.

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[PROPOSED] ORDER

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The Court grants the parties’ Joint Status Report and Stipulation Regarding

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Discovery, and orders that, on September 23, 2014, the Parties either file a notice informing the

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Court that they have settled or file an updated Joint Status Report and Discovery Plan.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Firmwide:128241654.1 071691.1029

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Judge S

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JOINT STATUS REPORT/STIPULATION
AND ORDER

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FO

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R NIA

____________________________________
THE HONORABLE SAMUEL CONTI
JUDGE OF THE UNITED STATES
DISTRICT COURT

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S DISTRICT
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08/04
DATED: _________________, 2014

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Case No. 13-cv-3105-SC