Melgar v. CSK Auto, Inc.

Filing 40

ORDER RELIEVING PARTIES FROM 10/31/14 MEDIATION DEADLINE re 39 Letter filed by CSK Auto, Inc.. Signed by Judge Edward M. Chen on 10/27/14. (bpf, COURT STAFF) (Filed on 10/27/2014)

James M. Peterson
Partner

October 13, 2014
Via Electronic Filing
Hon. Edward C. Chen
United States District Court
Northern District of California
450 Golden Gate Avenue
San Francisco, CA 94102
Re:

Melgar v. CSK Auto, Inc. (Case No. 13-03769 EMC)

Dear Judge Chen:
Plaintiff OSMIN MELGAR (“Plaintiff”) and Defendant CSK AUTO, INC. (“CSK”)
(collectively, the “Parties”) respectfully submit this joint letter requesting relief from the order
requiring them to complete private mediation before October 31, 2014.
This is a putative class action filed by Plaintiff against his former employer, CSK, who
did business in the State of California at all relevant times as “O’Reilly Auto Parts.” Plaintiff
alleges that, during the time that he worked for CSK, he was required to travel to the bank to
make deposits using his personal vehicle. Plaintiff contends that he incurred expenses on
behalf of CSK in the form of fuel costs and wear and tear on his vehicle, and that CSK knew he
was incurring these expenses but failed to reimburse him. Based on those same general
facts, Plaintiff and the putative class assert three claims against CSK: (1) failure to reimburse
mileage expenses under California Labor Code section 2802; (2) unlawful business practices
under California Business and Professions Code section 17200, et seq.; and, (3) a claim for
penalties under the Private Attorney General Act, Labor Code section 2699, et seq.
At the May 22, 2014 status conference, counsel informed the Court that the parties had
scheduled a private mediation to take place on October 7, 2014. Accordingly, in the order that
was entered following that status conference, the Court directed the parties to complete private
mediation by October 31, 2014. (Docket No. 35.)
Since that time, the parties met and conferred and mutually decided to take the October
7, 2014 mediation off-calendar. The parties disagree as to whether this case is appropriate for
class treatment. Specifically, CSK believes that Plaintiff’s claims are not amenable to class
treatment, while Plaintiff believes they are so amenable. As such, CSK has indicated that it is

1218023.1

Hon. Edward C. Chen
October 13, 2014
Page 2
willing to mediate Plaintiff’s individual claim, but Plaintiff has indicated that he wants to mediate
on a class-wide basis. Based on their respective positions, the Parties are in agreement that
mediation would be premature at this time, and respectfully request that the Court grant them
relief from the October 31, 2014 deadline.
Counsel for the parties are scheduled to appear at the upcoming Case Management
Conference (set for November 13, 2014), and will be prepared to discuss a class-certification
briefing schedule and any related issues at that time.
Thank you for your time and consideration.
Respectfully Submitted,

Respectfully Submitted,

/s/ James M. Peterson

/s/ Michael Malk

JAMES M. PETERSON
of
HIGGS FLETCHER & MACK LLP
Attorneys for Defendant CSK Auto, Inc.

MICHAEL MALK
of
MALK LAW FIRM
Attorneys for Plaintiff Osmin Melgar

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IT IS SO ORDERED. The parties are relieved from the 10/31/14 mediation
deadline. Court will discuss mediation at the 11/13/14 CMC.
_________________ ISTR
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Edward M. Chen
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U.S. District Judge

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