Brown et al v. Airgas On-Site Safety Services, Inc.

Filing 30

STIPULATION AND ORDER re 29 STIPULATION WITH PROPOSED ORDER (JOINT) to Continue Stay Pending Settlement filed by Airgas On-Site Safety Services, Inc. Case Management Statement due by 10/2/2014. Further Case Management Conference set for 10/29/2014 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on August 28, 2014. (wsn, COURT STAFF) (Filed on 8/28/2014)

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DENNIS M. BROWN, Bar No. 126575
[e-mail]
MARLENE S. MURACO, Bar No. 154240
[e-mail]
ANNE SWEENEY JORDAN, Bar No. 273589
[e-mail]
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, California 95113.2303
Telephone:
408.998.4150
Facsimile:
408.288.5686
Attorneys for Defendant
AIRGAS ON-SITE SAFETY SERVICES, INC.

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SHAUN SETAREH, Bar No. 204514
[e-mail]
ADRIENNE HERRERA, Bar No. 278640
[e-mail]
SETAREH LAW GROUP
9454 Wilshire Boulevard, Suite 711
Beverly Hills, CA 90212

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Attorneys for Plaintiffs
DIANE BROWN; KIERRE TOWNSEND

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[ADDITIONAL COUNSEL LISTED ON
FOLLOWING PAGES]

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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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DIANE BROWN; KIERRE TOWNSEND,
on behalf of themselves, all others similarly
situated,

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ASSIGNED TO THE HONORABLE JON S.
TIGAR

Plaintiffs,

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Case No. 13-04975 JST

JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE STAY PENDING
SETTLEMENT

v.
AIRGAS ON-SITE SAFETY SERVICES,
INC., a Delaware Corporation; GULF
SOUTH SAFETY CONSULTANTS, LLC,
a Louisiana limited liability company; and
DOES 1-50, inclusive,

Complaint filed: October 25, 2013

Defendants.

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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

Case No. 13-04975 JST
STIP AND ORDER TO CONTINUE STAY PENDING SETTLEMENT

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TRACY WEI COSTANTINO, Bar No. 192847
[e-mail]
JEFFREY S. RANEN, Bar No. 224285
[e-mail]
LEWIS BRISBOIS BISGAARD & SMITH LLP
221 N. Figueroa street, Suite 1200
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
GULF SOUTH SAFETY CONSULTANTS, LLC

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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

2.
STIP AND ORDER TO CONTINUE STAY PENDING SETTLEMENT

Case No. 13-04975 JST

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Plaintiffs DIANE BROWN and KIERRE TOWNSEND (“Plaintiffs”), Defendant

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AIRGAS ON-SITE SAFETY SERVICES, INC. (“AOSS”) and Defendant GULF SOUTH SAFETY

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CONSULTANTS, LLC (“Gulf South”) (collectively referred to herein as the “Parties”), by and

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through their respective counsel of record, hereby stipulate and agree as follows:

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1.

WHEREAS, the Court issued an Order on May 14, 2014, staying formal

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discovery and all deadlines in this case until the Parties attended private mediation in August 2014

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(Dkt. No. 21);

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2.

WHEREAS, the Court’s Order continued the Case Management Conference

previously scheduled for May 28, 2014 until September 11, 2014, at which time the stay will
dissolve (Dkt. No. 21);
3.

WHEREAS, on August 12, 2014, the Parties attended private mediation with

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mediator Mark S. Rudy in San Francisco, California, in an attempt to resolve both this current case,

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as well as two related, companion cases with overlapping classes involving the Parties and currently

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pending before the Honorable Elihu Behrle in Dept. 323 of the Los Angeles County Superior Court,

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entitled Louise Robinson, et al., vs. Airgas On-Site Safety Services, Inc. (“Robinson”), and Benjamin

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Anderson, Francisco Maiava, et al. v. Airgas On-Site Safety Services, Inc., Gulf South Safety

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Consultants, LLC and Responsable Staffing, LLC (“Anderson”).

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4.

WHEREAS, following that mediation, on August 26, 2014, the Parties agreed

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to the terms of a global settlement encompassing both this matter, as well as the Robinson and

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Anderson matters;

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5.

WHEREAS, the Parties have agreed to a continued stay of this matter to

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encompass all pending deadlines, including the upcoming Case Management Conference on

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September 11, 2014, to allow the Parties to continue to finalize the terms of the settlement

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documents including a formal settlement agreement;

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THEREFORE, the Parties respectfully request this Court continue to stay all

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deadlines in this case, including the deadline for submitting an updated Joint Case Management

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Conference Statement, as well as the upcoming Further Case Management Conference currently

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scheduled for September 11, 2014, until after the Parties have finalized the terms of their settlement.

LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

3.
STIP AND ORDER TO CONTINUE STAY PENDING SETTLEMENT

Case No. 13-04975 JST

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IT IS SO STIPULATED.
Dated: August 28, 2014

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//s// Dennis M. Brown
DENNIS M. BROWN
LITTLER MENDELSON, P.C.
Attorneys for Defendant
AIRGAS ON-SITE SAFETY SERVICES, INC.

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Dated: August 28, 2014

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//s// Shaun Setareh
SHAUN SETAREH
SETAREH LAW GROUP
Attorney for Plaintiffs
DIANE BROWN; KIERRE TOWNSEND

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Dated: August 28, 2014

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//s// Tracy Wei Costantino
Tracy Wei Costantino
LEWIS BRISBOIS BISGAARD & SMITH LLP
Attorneys for Defendants
GULF SOUTH SAFETY CONSULTANTS, LLC

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ORDER

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Based upon the joint stipulation of the Parties in the above-captioned case, and good
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cause appearing, a continued stay of this case, in its entirety, is ordered to allow the Parties to
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finalize the terms of their settlement. The Parties shall file an updated Joint Case Management
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Conference Statement with the Court on or before October 2, 2014 advising the Court of the status
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of their settlement agreement and plan for formal approval of the class settlement. A further Case
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Management Conference is set for October 29, 2014 at 2:00 p.m.
IT IS SO ORDERED.

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R NIA

S . Ti ga r

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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

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J u d ge J o

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HONORABLE JON S. TIGAR

NO

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DATED: August 28, 2014

D
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Case No. 13-04975 JST

F
D IS T IC T O
R
STIP AND ORDER TO CONTINUE STAY PENDING SETTLEMENT