Dietrick v. Securitas Security Services USA, Inc.

Filing 108

STIPULATION AND ORDER re 107 STIPULATION WITH PROPOSED ORDER (Joint) filed by Securitas Security Services USA, Inc. Case Management Statement due by 4/15/2015. Further Case Management Conference set for 4/29/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on February 5, 2015. (wsn, COURT STAFF) (Filed on 2/5/2015)

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SHERRY B. SHAVIT, ESQ.; STATE BAR NO.: 193222
E-mail: [e-mail]
STUART E. COHEN; STATE BAR NO.: 213810
E-mail: [e-mail]
THARPE & HOWELL, LLP
15250 Ventura Blvd., Ninth Floor
Sherman Oaks, California 91403
Tel: [phone]
Fax: [phone]

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[Additional counsel on signature page]

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Attorneys for Defendant,
SECURITAS SECURITY SERVICES,
USA, INC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL DEATRICK, individually
and on behalf of all others similarly
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State of California,
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Plaintiff,

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v.

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SECURITAS SECURITY SERVICES
USA, INC.,

Case No.: 3:13-cv-05016-JST
JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
MEDIATION DEADLINE AND CASE
MANAGEMENT CONFERENCE
[Concurrently filed with Declaration of
Sherry B. Shavit pursuant to Local Rule 62]

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Defendant.
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-1JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION
DEADLINE AND CASE MANAGEMENT CONFERENCE
3:13-cv-05016-JST

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I.

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INTRODUCTION
Pursuant to Civil Local Rules 6-1, 6-2 and 17-2, the undersigned counsels

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hereby jointly request an order changing time for the purpose of conserving the time

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and resources of the Court and the Parties. In particular, the deadline to complete

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mediation in this matter is currently set for April 15, 2015 and the Case Management

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Conference (“CMC”) is currently set for April 22, at 2:00 p.m. The Parties request

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that the deadline to complete mediation be continued to April 22, 2015 and the CMC

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be continued to April 29, 2015, at 2:00 p.m.

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II.

THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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THE REQUESTED ORDER TO CHANGE TIME IS APPROPRIATE
Pursuant to Local Rule 6-2(a)(1), Parties filing a stipulation requesting an

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order changing time that would affect the date of an event already fixed by Court

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order must (1) set forth with particularity the reasons for the requested change, (2)

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disclose all previous time modifications in the case, whether by stipulation or Court

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order, and (3) describe the effect that the requested time modification would have on

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the schedule for the case.

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A.

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The reason for the requested order is to promote efficiency and to conserve the

Reasons for the Requested Relief

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time and resources of the Court as well as the Parties. The reason for the requested

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continuance of the deadline to complete mediation, is for the reason that the mediator

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selected by the Parties, Gig Kyriacou, a highly regarded mediator for complex

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employment-related disputes, such as in this case, is not available until April 22,

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2015, and the parties have scheduled a mediation with him on that date.

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Additionally, the Court originally scheduled the next CMC for April 15, 2015 as it

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was originally anticipated that mediation would be completed by then. The Parties

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believe that for the sake of efficiency and convenience of the Court, the CMC would

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be more constructive after the mediation has been completed. Therefore, the Parties

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request the CMC to be continued to April 29, 2015, at 2:00 p.m. to allow the Parties

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to complete mediation prior to the CMC. - 2 JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION
DEADLINE AND CASE MANAGEMENT CONFERENCE
3:13-cv-05016-JST

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B.

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Pursuant to Local Rule 6-2(a)(2), the Parties disclose that the previous time

Previous Time Modifications

modifications in this case have been: (1) continuing the Initial Case Management

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Conference from January 28, 2014 to February 12, 2014 due to judicial reassignment

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[ECF Doc. No. 10]; (2) continuing the Further Case Management Conference from

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September 10, 2014, to September 17, 2014 upon the Court’s own request [ECF

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Doc. No. 34]; (3) continuing the Further Case Management Conference by one day

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from September 17, 2014 to September 18, 2014 pursuant to Stipulation and Order

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[ECF Doc. No. 52]; and (4) continuing the deadline of August 22, 2014 to participate

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THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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in mediation to 45 days after the last date for putative class members to opt-in to the

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FLSA collective action pursuant to Ex Parte Application and Order [ECF Doc. No.

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51].

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C.

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Pursuant to Local Rule 6-2(a)(3), the requested time modification would have

Effect on Case Schedule

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minimal or no effect on the case schedule other than fostering efficiency and

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convenience for the Court and the Parties. No other dates on the case schedule

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would be affected by the requested modification.

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III.

STIPULATION

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Plaintiff MICHAEL DEATRICK and Defendant SECURITAS SECURITY

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SERVICES USA, INC., by and through their counsel of record, hereby stipulate to

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continue the deadline to complete mediation currently set for April 15, 2015 to April

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22, 2015, for the reason that the mediator, selected by the Parties, is not available

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until April 22, 2015, and the parties have scheduled a mediation with him on that

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date. Also, the Parties hereby stipulate to continue the CMC from April 15, 2015, at

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2:00 p.m. to April 29, 2015, at 2:00 p.m., so that the Parties may complete mediation

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prior to the CMC.

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-3JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION
DEADLINE AND CASE MANAGEMENT CONFERENCE
3:13-cv-05016-JST

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I, Sherry B. Shavit, am the ECF User whose identification and password are

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being used to file this Stipulation. In compliance with Local Rule 5-1(i)(3), I attest

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that all other signatories listed, and on whose behalf the filing is submitted, concur in

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the filing’s content and have authorized the filing.

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IT IS SO STIPULATED.

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Dated: February 4, 2015

THARPE & HOWELL, LLP

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By: /s/Sherry B. Shavit
SHERRY B. SHAVIT
STUART E. COHEN

THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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J. KEVIN LILLY
LITTLER MENDELSON PC
2049 Century Park East, 5th Floor
Los Angeles, CA 90067
Tel: [phone]
Fax: [phone]
Attorneys for Defendant,
SECURITAS SECURITY SERVICES,
USA, INC.

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/s/ John R. Hurley
JOHN R. HURLEY
By: Attorneys for Plaintiff,
MICHEAL DEATRICK

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PROMETHEUS PARTNERS L.L.P

Dated: February 4, 2015

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: February 5, 2015

By:
HON. JON S. TIGAR
United States District Court Judge

-4JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION
DEADLINE AND CASE MANAGEMENT CONFERENCE
3:13-cv-05016-JST