Dietrick v. Securitas Security Services USA, Inc.

Filing 141

STIPULATION AND ORDER re 140 STIPULATION WITH PROPOSED ORDER Regarding Settlement and Vacating Motion Dates filed by Michael Deatrick. Signed by Judge Jon S. Tigar on June 18, 2015. (wsn, COURT STAFF) (Filed on 6/18/2015)

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EDUARDO G. ROY (Bar No. 146316)
DANIEL C. QUINTERO (Bar No. 196492)
JILL DESSALINES (Bar No. 123825)
JOHN R. HURLEY (Bar No. 203641)
PROMETHEUS PARTNERS L.L.P.
220 Montgomery Street Suite 1094
San Francisco, CA 94104
Telephone: [phone]
Attorneys for Plaintiffs
Michael Deatrick, et al.
SHERRY B. SHAVIT, ESQ.; STATE BAR NO.: 193222
STUART E. COHEN, ESQ.; STATE BAR NO.: 213810
THARPE & HOWELL, LLP
15250 Ventura Blvd., Ninth Floor
Sherman Oaks, CA 91403
Tel: [phone]
Fax: [phone]

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J. KEVIN LILLY, ESQ.; STATE BAR NO.: 119981
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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL DEATRICK, individually and on
behalf of all others similarly situated, and as
representative of the State of California, et al.
Plaintiff,

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Case No.: 3:13-cv-5016 JST
STIPULATION AND [PROPOSED]
ORDER REGARDING SETTLEMENT
AND VACATING MOTION DATES

v.
SECURITAS SECURITY SERVICES USA,
INC.,
Defendant.

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STIPULATION REGARDING SETTLEMENT
Case no. 3:13-cv-5016 JST

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Plaintiffs Michael Deatrick, the Opt-in Plaintiffs, and Defendant Securitas Security Services
USA, Inc. (“Securitas USA”) hereby stipulate and agree as follows:

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WHEREAS, the parties participated in a private mediation on April 22, 2015;

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WHEREAS, although the parties were unable to resolve the case at mediation, settlement

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discussions continued with the mediator’s assistance;
WHEREAS, the parties have now reached agreement on general terms to settle this matter on
behalf of all opt-in plaintiffs nationwide and a conditionally-certified California Rule 23 class or classes;
WHEREAS, the parties require sufficient time to finalize and document terms of settlement and
prepare and file a motion for conditional certification and preliminary approval;
WHEREAS, the proposed settlement would include a schedule for Securitas USA to make

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changes to its vacation-pay policies nationwide and Securitas USA requires time to implement such

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changes;

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WHEREAS, Securitas USA has filed (1) a Motion to Enforce Collective Action Waiver of

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Covered Plaintiffs Pursuant to Dispute Resolution Agreements [ECF 135], and (2) a Motion for Partial

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Summary Judgment as to Employees Subject to Collective Bargaining Agreements [ECF 136], both

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currently set for hearing on July 16, 2015.

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WHEREAS, the parties have agreed that Securitas USA may withdraw its pending motions

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without prejudice to re-filing, and that agreement to settlement and to conditional Rule 23 certification

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shall not act as a waiver of any argument or issue in the motions if the anticipated settlement does not

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become final.

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The Parties THEREFORE STIPULATE, AGREE AND REQUEST AS FOLLOWS:
1. That Securitas USA withdraws its pending motions and the Court vacates the hearing

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date of July 16, 2015, on the (1) Motion to Enforce Collective Action Waiver of Covered

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Plaintiffs Pursuant to Dispute Resolution Agreements [ECF 135] and (2) Motion for

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Partial Summary Judgment as to Employees Subject to Collective Bargaining

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Agreements filed by Securitas USA [ECF 136].

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2. That Securitas USA may re-file said motions without prejudice in the event the
anticipated settlement in this matter does not become final.
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STIPULATION REGARDING SETTLEMENT
Case no. 3:13-cv-5016 JST

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3. That the Court set a deadline for August 7, 2015, for the Plaintiffs to file a motion for

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conditional certification of a settlement class or classes and for preliminary approval of

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settlement.

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Pursuant to Local Rule 5-1(i)(3), the undersigned filer of this document hereby attests that

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concurrence in the filing has been obtained from each of the other signatories, which shall serve in lieu

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of their signatures on the document.

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IT IS SO STIPULATED.

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DATED: June 16, 2015

Respectfully submitted,
PROMETHEUS PARTNERS L.L.P.

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By:

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/s/ John R. Hurley
John R. Hurley, Esq.
Attorneys for Plaintiffs Michael Deatrick, et al.

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DATED: June 16, 2015

Respectfully submitted,
THARPE & HOWELL, LLP

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By:

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/s/ Sherry B. Shavit
Sherry B. Shavit, Esq.
Attorneys for Defendant Securitas
Security Services USA, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S

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FO

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Jon S. Tigar
i ga r
on S. T
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United udg
J States

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By:

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UNIT
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DATED: June 18, 2015

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D I S T I C T OREGARDING SETTLEMENT
STIPULATION
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Case no. 3:13-cv-5016 JST