Galeener v. Source Refrigeration & HVAC, Inc.

Filing 96

Order by Hon. Vince Chhabria granting 95 Stipulation to Stay Case and Continue All Pending Hearings.(knm, COURT STAFF) (Filed on 9/15/2014)

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Galvin B. Kennedy (admitted pro hac vice)
[e-mail]
Gabriel Assaad (admitted pro hac vice)
[e-mail]
KENNEDY HODGES, L.L.P.
711 W. Alabama Street
Houston, Texas 77007
Telephone: [phone]
Facsimile: [phone]

Jahan C. Sagafi (Cal. Bar No. 224887)
[e-mail]
Outten & Golden LLP
One Embarcadero Center, 38th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiffs and proposed class
members
MARGARET A. KEANE (SBN 255378)
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105-2933
Tel.: [phone]
Fax: [phone]

KATHARINE J. LIAO (SBN 255157)
[e-mail]
DLA PIPER LLP (US)
2000 Avenue of the Stars
Suite 400 North Tower
Los Angeles, CA 90067
Tel.: [phone]
Fax: [phone]

Attorneys for Defendant
SOURCE REFRIGERATION & HVAC, INC.

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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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LYLE E. GALEENER, Individually and On
Behalf of All Others Similarly Situated,
Plaintiff(s),
vs.
SOURCE REFRIGERATION & HVAC,
INC.,
Defendant(s).

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Case Number: 3:13-cv-04960-VC
JOINT STIPULATION TO STAY CASE
AND CONTINUE ALL PENDING
HEARINGS; PROPOSED ORDER

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DLA P IPER LLP (US)
SAN FRA NCI SCO

STIPULATION TO STAY CASE AND CONTINUE ALL PENDING HEARINGS;
PROPOSED ORDER (CASE NO. 3:13-CV-04960-VC)

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IT IS HEREBY STIPULATED by and between Plaintiffs and Defendant (collectively
the “Parties”), by and through their counsel of record, as follows:

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WHEREAS, the Galeener action pending before this Court is one of four actions (the

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other matters are pending in the Superior Court of Orange County (Meza v. Source, et al., No.

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380395-2); the District Court for Denver County, Colorado (Vargas v. Source, No. 2013-CV-

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32936), and the (United States District Court for the Western District of Texas-Austin Division

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(Hamer v. Source, 1:14-CV-570-55)) based on Source’s pay practices, and

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WHEREAS, the Parties have agreed to pursue global resolution of all outstanding issues

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in these proceedings and to engage a third-party neutral for mediation. The first available date on

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which all Parties and counsel could proceed before a mutually agreeable mediator is November 4,

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2014, and the Parties have agreed to proceed on November 4, 2014;

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WHEREAS, the Parties have agreed to request stays of litigation and continuances of all
hearings in all four actions;
WHEREAS, the following motions are fully briefed and set for hearing before this Court
on September 18, 2014, at 10:00 a.m. (collectively, the “September 18 motions”):

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Defendant’s Motion to Bar Collective and Class Certification (dkt. 43);

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Plaintiffs’ Motion to Amend (dkt. 52); and

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Defendant’s Motion to Stay (dkt. 63).

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WHEREAS, the following motions are set for hearing on October 9, 2014, at 10:00 a.m.
(collectively, the “October 9 motions”):

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Plaintiffs’ Motion to Certify Class Pursuant to Rule 23 (dkt. 58) (fully briefed);

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and

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Plaintiff’s Motion to Certify Class Under Rule 216(b) (dkt. 87) (Opposition
currently due on September 15, 2014 and Reply on September 29, 2014).

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WHEREAS, the Parties have agreed to request a stay of all outstanding matters as they
attempt to reach a global resolution;

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DLA P IPER LLP (US)
SAN FRA NCI SCO

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STIPULATION TO STAY CASE AND CONTINUE ALL PENDING HEARINGS;
PROPOSED ORDER (CASE NO. 3:13-CV-04960-VC)

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WHEREAS, to facilitate attempts to settle these cases, the Parties have agreed to a

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nationwide tolling agreement of FLSA claims through the actual hearing date on Plaintiff’s

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motion for collective action;

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WHEREAS, the Parties have agreed to the following revised briefing schedule and
hearing date if mediation is unsuccessful:

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Defendant’s Opposition to Plaintiffs’ Motion to Certify Collective Action due November

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18, 2014; and Plaintiff’s Reply due November 27, 2014, with a hearing on December 11, 2014, or

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such date as this Court may order, with the September 18 motions to be heard on that date as well.

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THEREFORE, the Parties respectfully request that the Court enter the following Order,
that:
(1)

The September 18, 2014 motions and October 9, 2014 motions are continued to

December 11, 2014;
(2)

All briefing schedules, hearing dates and discovery motions are stayed pending the

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Parties’ mediation, with Defendant’s Opposition to Plaintiffs’ Motion to Certify Collective

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Action due November 18, 2014; and Plaintiff’s Reply due November 27, 2014; and

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(3)

The Parties will meet and confer and provide this Court with a status report by

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November 6, 2014.

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Dated: September 15, 2014

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DLA PIPER LLP (US)
By:

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Dated: September 15, 2014

/s/ Margaret A. Keane
MARGARET A. KEANE
Attorneys for Defendant
SOURCE REFRIGERATION & HVAC, INC.

OUTTEN & GOLDEN LLP
By:

Jahan Sagafi
JAHAN SAGAFI
Attorneys for Plaintiff and the Putative Class

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DLA P IPER LLP (US)
SAN FRA NCI SCO

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STIPULATION TO STAY CASE AND CONTINUE ALL PENDING HEARINGS;
PROPOSED ORDER (CASE NO. 3:13-CV-04960-VC)

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ORDER

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IT IS HEREBY ORDERED that:

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(1)

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The September 18, 2014 motions and October 9, 2014 motions are continued to

December 11, 2014;
(2)

All briefing schedules, hearing dates and discovery motions are stayed pending the

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Parties’ mediation, with Defendant’s Opposition to Plaintiffs’ Motion to Certify Collective

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Action due November 18, 2014; and Plaintiff’s Reply due November 27, 2014; and

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(3)

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November 6, 2014.

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The Parties will meet and confer and provide this Court with a status report by

IT IS SO ORDERED.

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September 15, 2014
Dated: _______________________

_____________________________________
VINCE CHHABRIA
UNITED STATES DISTRICT JUDGE

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DLA P IPER LLP (US)
SAN FRA NCI SCO

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STIPULATION TO STAY CASE AND CONTINUE ALL PENDING HEARINGS;
PROPOSED ORDER (CASE NO. 3:13-CV-04960-VC)