Dietrick v. Securitas Security Services USA, Inc.

Filing 158

STIPULATION AND ORDER re 157 STIPULATION WITH PROPOSED ORDER to Vacate Trial Date filed by Michael Deatrick. Signed by Judge Jon S. Tigar on March 9, 2016. (wsn, COURT STAFF) (Filed on 3/9/2016)

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EDUARDO G. ROY (Bar No. 146316)
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
E-mail: [e-mail]
STUART E. COHEN, ESQ.; STATE BAR NO.: 213810
E-mail: [e-mail]
THARPE & HOWELL, LLP
15250 Ventura Blvd., Ninth Floor
Sherman Oaks, California 91403
Tel: [phone]
Fax: [phone]
J. KEVIN LILLY, ESQ.; STATE BAR NO.: 119981
E-mail: [e-mail]
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.,
Plaintiffs,

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Case No.: 3:13-cv-5016 JST
STIPULATION AND [PROPOSED]
ORDER VACATING TRIAL DATE

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

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STIPULATION TO VACATE TRIAL DATE
Case No.: 3:13-cv-5016 JST

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Plaintiff Michael Deatrick, individually and as representative of the conditionally-certified

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California settlement class, the FLSA opt-in plaintiffs and Defendant Securitas Security Services USA,

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Inc. (“Defendant”) hereby stipulate and request that the Court vacate the trial date and final pretrial

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conference date based on the settlement of the Parties and the concurrent filing of Plaintiff’s Amended

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Motion for Preliminary Approval of Settlement.

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Reasons for the Requested Relief

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Plaintiff filed a Motion for Conditional Class Certification and Preliminary Approval of

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Settlement (ECF 152) on November 9, 2015. Hearing on the motion was set for January 7, 2016.

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On December 21, 2015, this Court issued an Order Vacating Hearing (ECF 154) finding the
motion suitable for disposition without oral argument and vacating the hearing date.

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On February 24, 2016, this Court issued an Order Granting Motion for Conditional Class

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Certification and Denying Motion for Preliminary Approval of Settlement (ECF 155), in which the

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Court denied preliminary settlement approval for reasons related to the notice and claims process for the

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California settlement class.

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Immediately upon receipt of the Court’s Order, the Parties, through counsel, began

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communicating and negotiating to reform their proposed settlement and address the issues raised by the

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Court.

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The Parties have reached agreement and have executed an Amended Joint Stipulation and

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Settlement of Class Action Claims. This agreement for settlement has been submitted as a supporting

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document to Plaintiff’s Amended Motion for Preliminary Approval of Settlement, which has been

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concurrently filed the same day as this stipulation.

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By Scheduling Order (ECF 128) dated April 30, 2015, this Court set the following dates related
to trial of this matter:

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Final pretrial conference 3/25/16 at 2:00 p.m.

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Trial to commence 4/11/16 at 8:30 a.m.

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Previous Time Modifications

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These dates have not been previously modified.

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STIPULATION TO VACATE TRIAL DATE
Case No.: 3:13-cv-5016 JST

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Effect on Case Schedule

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Vacating the pretrial conference and trial dates would allow the Court to rule on the concurrent

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and pending Amended Motion for Preliminary Approval of Settlement and to resolve the case without

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trial.

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STIPULATION

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Based on the matters set forth above, THE PARTIES HEREBY STIPULATE AND REQUEST,

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by and through their respective counsel, as follows:

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•

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3/25/16 at 2:00 p.m.

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•

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That the Court vacate the date for the pretrial conference, currently set for

That the Court vacate the dates for trial, currently set to commence on 4/11/16
at 8:30 a.m.

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.

17 Dated: March 8, 2016
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LITTLER MENDELSON PC
J. KEVIN LILLY
THARPE & HOWELL, LLP

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By: /s/ Sherry B. Shavit
SHERRY B. SHAVIT
Attorneys for Defendant,
SECURITAS SECURITY SERVICES USA,
INC.

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Dated: March 8, 2016

PROMETHEUS PARTNERS L.L.P.
By: /s/ John R. Hurley
JOHN R. HURLEY
Attorneys for Plaintiffs,
MICHAEL DEATRICK, et al.

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STIPULATION TO VACATE TRIAL DATE
Case No.: 3:13-cv-5016 JST

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: March 9, 2016

___________________________
HON. JON S. TIGAR
United States District Court Judge

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STIPULATION TO VACATE TRIAL DATE
Case No.: 3:13-cv-5016 JST