Dietrick v. Securitas Security Services USA, Inc.

Filing 52

STIPULATION AND ORDER re 50 STIPULATION WITH PROPOSED ORDER re 45 MOTION to Certify Class Conditional Certification of FLSA Collective Action filed by Securitas Security Services USA, Inc. Further Case Management Conference set for 9/18/2014 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on August 19, 2014. (wsn, COURT STAFF) (Filed on 8/19/2014)

1
2
3
4
5

SHERRY B. SHAVIT, ESQ.; STATE BAR NO.: 193222
E-mail: [e-mail]
GABRIEL J. PADILLA, ESQ.; STATE BAR NO.: 227591
E-mail: [e-mail]
THARPE & HOWELL, LLP
15250 Ventura Blvd., Ninth Floor
Sherman Oaks, California 91403
Tel: [phone]
Fax: [phone]

6
7
8
9

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]

10
11

Attorneys for Defendant,
SECURITAS SECURITY SERVICES
USA, INC.

12

UNITED STATES DISTRICT COURT

13

FOR THE NORTHERN DISTRICT OF CALIFORNIA

14
15

MICHAEL DEATRICK, individually
and on behalf of all others similarly
situated, and as representative of the
17 State of California,

Case No.: 3:13-cv-05016-JST

16

Plaintiff,

18
19

v.

20

JOINT STIPULATION AND
[PROPOSED] ORDER REQUESTING
MODIFICATION OF DATE AND
TIME

SECURITAS SECURITY SERVICES
USA, INC.,

21

Defendant.
22
23
24
25
26
27
28
30
31

1JOINT STIPULATION FOR ORDER REQUESTING MODIFICATION OF DATE AND TIME
3:13-cv-05016-JST

1

I.

2

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

3

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

4

and resources of the Court and the parties. In particular, a Further Case Management

5

Conference (“CMC”) in this matter currently is set for September 17, 2014, at 2:00

6

p.m. Also, the hearing on Plaintiff’s Motion for Certification of FLSA Collective

7

Action and Issuance of Notice (“Plaintiff’s Motion”) is on calendar for September

8

18, 2014, at 2:00 p.m. The parties request that the CMC and the hearing on

9

Plaintiff’s Motion be set for the same day, either September 17, 2014 or September

10

18, 2014, whichever is most convenient for the Court.

11

II.

12

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

13

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

14

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

15

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

16

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

17

the schedule for the case.

18

A.

19

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

20

time and resources of the Court as well as the parties. The parties understand that the

21

Court’s Standing Order for all Civil Cases, dated September 17, 2013, provides that

22

the Court hears civil motions on Thursdays at 2:00 p.m. and that case management

23

conferences are held on Wednesdays at 2:00 p.m. Here, the Further CMC and the

24

hearing on Plaintiff’s Motion are on back-to-back days. Counsel for both parties

25

believe that it makes sense to have both events on the same day for the sake of

26

efficiency and convenience.

27
28
30
31

Reasons for the Requested Relief

Further, Defendant Securitas Security Services USA, Inc. (“SUSA”) has filed
an Ex Parte Application for an Order Modifying Scheduling Order and Extending
1JOINT STIPULATION FOR ORDER REQUESTING MODIFICATION OF DATE AND TIME
3:13-cv-05016-JST

1

Deadline to Participate in Mediation, in which SUSA requests that the Court relieve

2

the parties from the current August 22, 2014 deadline to participate in mediation, and

3

continue such deadline until after adjudication of Plaintiff’s Motion and the close of

4

any subsequent opt-in period. Should the Court grant SUSA’s ex parte application

5

and then issue a ruling on Plaintiff’s Motion at the hearing, the parties believe it

6

would make sense to then immediately conduct the CMC and for the Court to

7

designate a new deadline for the parties to participate in mediation at that time.

8

Finally, counsel for SUSA respectfully asks the Court to take into

9

consideration that she will be travelling from Los Angeles to San Francisco to

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

10

participate in both the CMC and the hearing on Plaintiff’s Motion. Conducting the

11

CMC and the hearing on the same day would conserve her time and the resources of

12

her client.

13

B.

14

Pursuant to Local Rule 6-2(a)(2), the parties disclose that the only previous

Previous Time Modifications

15

time modifications in the case were (1) the continuance of the Initial Case

16

Management Conference from January 28, 2014 to February 12, 2014, following the

17

November 14, 2013 reassignment of this case to this Court and (2) the June 11, 2014

18

Clerk notice continuing the Further Case Management Conference from September

19

10, 2014, to September 17, 2014.

20

D.

21

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

Effect on Case Schedule

22

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

23

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

24

would be affected by the requested modification.

25

III.

26

STIPULATION
THE PARTIES HEREBY STIPULATE, by and through their respective

27

counsel, and respectfully request that the Court modify the case schedule in one of

28

the following ways:

30
31

-2JOINT STIPULATION FOR ORDER REQUESTING MODIFICATION OF TIME
3:13-cv-05016-JST

1

 The Further Case Management Conference (currently set for September

2

17, 2014, at 2:00 p.m.) and the hearing on Plaintiff’s Motion for

3

Certification of FLSA Collective Action and Issuance of Notice

4

(currently set for September 18, 2014, at 2:00 p.m.) both shall be

5

scheduled to take place on September 17, 2014, at 2:00 p.m.; or

6

 The Further Case Management Conference (currently set for September

7

17, 2014, at 2:00 p.m.) and the hearing on Plaintiff’s Motion for

8

Certification of FLSA Collective Action and Issuance of Notice

9

(currently set for September 18, 2014, at 2:00 p.m.) both shall be

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

10

scheduled to take place on September 18, 2014, at 2:00 p.m.

11
12
13

Dated: August __, 2014

THARPE & HOWELL, LLP

14
15

By: SHERRY B. SHAVIT
GABRIEL J. PADILLA
Attorneys for Defendant,
SECURITAS SECURITY SERVICES,
USA, INC.

16
17
18
19

Dated: August __, 2014

THARPE & HOWELL, LLP

20
21
22
23
24

By: SHERRY B. SHAVIT
GABRIEL J. PADILLA
Attorneys for Defendant,
SECURITAS SECURITY SERVICES,
USA, INC.

25
26
27
28
30
31

-3JOINT STIPULATION FOR ORDER REQUESTING MODIFICATION OF TIME
3:13-cv-05016-JST

1

PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS:

2

5
6
7
8
9

11
12
13

September 17, 2014, at 2:00 p.m.) and the hearing on Plaintiff’s Motion for
Certification of FLSA Collective Action and Issuance of Notice (currently set for
September 18, 2014, at 2:00 p.m.) both shall be scheduled to take place on
September 17, 2014, at 2:00 p.m.


The Further Case Management Conference (currently set for September

17, 2014, at 2:00 p.m.) and the hearing on Plaintiff’s Motion for Certification of
FLSA Collective Action and Issuance of Notice (currently set for September 18,
2014, at 2:00 p.m.) both shall be scheduled to take place on September 18, 2014, at
2:00 p.m.

14

ER

H

20

RT

19

August 19, 2014

NO

18

DATED:

R NIA

17

DERED
SO OR
IT IS
___________________________
HON. JON S. TIGAR
U.S. DistrictoCourt Judge
. Ti ga r
ge J n S
Jud

FO

16

S

IT IS SO ORDERED.

UNIT
ED

15

S DISTRICT
TE
C
TA

RT
U
O

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

10

The Further Case Management Conference (currently set for

LI

4

_______

21

A

3

N

F
D IS T IC T O
R

C

22
23
24
25
26
27
28
30
31

-4JOINT STIPULATION FOR ORDER REQUESTING MODIFICATION OF TIME
3:13-cv-05016-JST