Demetris et al v. Transport Workers Union of America, AFL-CIO

Filing 117

Order by Hon. Vince Chhabria granting 115 Stipulation taking discovery conference off calendar, staying defendant's motion to dismiss second amended complaint dkt 106 , and continuing the case management conference.(knm, COURT STAFF) (Filed on 12/5/2014)

1
2
3
4
5
6
7
8
9
10
11

STEPHEN P. BERZON (SBN 46540)
CONNIE K. CHAN (SBN 284230)
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
RICHARD EDELMAN (pro hac vice)
O'DONNELL, SCHWARTZ &
ANDERSON, P.C.
1300 L Street, N.W.
Suite 1200
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant Transport Workers
Union of America, AFL/CIO

12
UNITED STATES DISTRICT COURT

13
NORTHERN DISTRICT OF CALIFORNIA

14
15

DANIEL DEMETRIS, et al.
Plaintiffs,

16
17
18
19
20
21
22
23
24
25
26

v.
TRANSPORT WORKERS UNION OF
AMERICA, AFL/CIO,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 3:13-cv-5566-VC
STIPULATION AND [PROPOSED]
ORDER TAKING DISCOVERY
CONFERENCE OFF CALENDAR;
STAYING DEFENDANT’S MOTION
TO DISMISS SECOND AMENDED
COMPLAINT PURSUANT TO FED. R.
CIV. P. 12(B)(1) [DKT. 106]; AND
CONTINUING CASE MANAGEMENT
CONFERENCE
Civ. L.R. 6-2 and 7-12
Date:
Time:
Ctrm.:
Judge:

n/a
n/a
4
Hon. Vince Chhabria

Complaint Filed: December 4, 2013
Trial Date: n/a

27
28
STIPULATION AND [PROPOSED] ORDER
Case No. 3:13-CV-5566-VC

1

Plaintiffs Daniel Demetris, William Burke, Daniel Burstein, Patrick Collins, Richard

2

Gorgas, Paul Herfel, Robert Marini, Abdul Morani, Paul Morrone, Robert Palacek, and Thomas

3

Powell (collectively “Plaintiffs”), and Defendant Transport Workers Union of America,

4

AFL/CIO (“Defendant”), herein referred to collectively as the “Parties,” hereby stipulate, by and

5

through their respective attorneys of record, as follows:

6

WHEREAS, on November 20, 2014, Defendant TWU filed a Motion for Protective

7

Order (Dkt. 107) seeking a stay of all merits discovery until 30 days after the Court rules on

8

Defendant’s currently pending Rule 12(b)(6) Motion to Dismiss the Second Amended Complaint

9

(Dkt. 104), or until the Court issues a scheduling order authorizing merits discovery to proceed,

10
11

whichever occurs first;
WHEREAS, on December 1, 2014, the Court issued a Protective Order allowing

12

Plaintiffs to “pursue appropriate discovery related to the factual issues raised by TWU’s Rule

13

12(b)(1) motion,” but staying all other discovery until at least the Case Management Conference

14

scheduled for January 27, 2015 (Dkt. 113);

15

WHEREAS, pursuant to the Court’s Protective Order, the Parties met and conferred on

16

the morning of December 2, 2014, and promptly notified the Court that they jointly requested the

17

Court’s assistance to resolve their dispute as to which of Plaintiffs’ discovery requests related to

18

Defendant’s Rule 12(b)(1) motion;

19
20
21

WHEREAS, the Court issued a Clerk’s Notice later that day (Dkt. 114) setting a
telephonic discovery conference for December 4, 2014 at 11:00 a.m.;
WHEREAS, the Parties subsequently further met and conferred and reached an

22

agreement regarding the timing of discovery related to Defendant’s Rule 12(b)(1) motion, as set

23

forth below, that obviates the need for a discovery conference on December 4;

24
25
26

WHEREAS, on November 6, 2014, the Court issued a Clerk’s Notice rescheduling the
November 13, 2014 Case Management Conference to January 27, 2015 (Dkt. 102); and
WHEREAS, Stephen Berzon, lead counsel for TWU, has a pre-existing commitment to

27

attend a Ninth Circuit Conference in Tucson, Arizona from January 26-28, 2015, and is therefore

28

unavailable for a Case Management Conference on January 27, 2015;

1
STIPULATION AND [PROPOSED] ORDER
Case No. 3:13-CV-5566-VC

1

HENCE, the Parties hereby stipulate and request an Order setting forth the following:

2

1.

3

The telephonic discovery conference scheduled for December 4, 2014 at 11:00

a.m. shall be vacated;
2.

4

Defendant’s Motion to Dismiss the Second Amended Complaint Pursuant to Fed.

5

R. Civ. P. 12(b)(1) [Dkt. 106], currently set for hearing on January 15, 2015, shall be taken off

6

calendar and stayed, to be reset following the Court’s ruling on Defendant’s pending Motion to

7

Dismiss the Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6);
3.

8
9
10

Discovery related to Defendant’s Rule 12(b)(1) Motion to Dismiss the Second

Amended Complaint, as provided for in the Court’s December 1, 2014 Protective Order (Dkt.
113), shall likewise be stayed pending the resetting of the Rule 12(b)(1) Motion; and
4.

11

The Case Management Conference currently set for January 27, 2015 shall be

12

continued to February 3, 2015, or such other time after February 3, 2015 as is convenient for the

13

Court.

14

Dated: December 3, 2014

15
16
17
18
19

RICHARD EDELMAN (pro hac vice)
O'DONNELL, SCHWARTZ & ANDERSON, P.C.
1300 L Street, N.W.
Suite 1200
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

20
21
22
23
24

by: /s/ Stephen P. Berzon_________
Stephen P. Berzon

25

Attorneys for Defendant

26
27
28

STEPHEN P. BERZON (SBN 46540)
CONNIE K. CHAN (SBN 284230)
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

Dated: December 3, 2014

MICHAEL A. CADDELL (SBN 249469)
CYNTHIA B. CHAPMAN (SBN 164471)

2
STIPULATION AND [PROPOSED] ORDER
Case No. 3:13-CV-5566-VC

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

AMY E. TABOR (pro hac vice)
CADDELL & CHAPMAN
1331 Lamar, Suite 1070
Houston, TX 77010-3027
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
ARTHUR FELDMAN (pro hac vice)
BERG FELDMAN JOHNSON BELL, LLP
4203 Montrose Blvd., Suite 150
Houston, Texas 77006
Tel.: [phone]
Facsimile: [phone]
Email: [e-mail]
AKBAR KABANI (pro hac vice)
ARSHIL KABANI (pro hac vice)
KABANI & KABANI, PLLC
3030 Lyndon B. Johnson Fwy, Suite 700
Dallas, TX 75234
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

16
17
18
19

by: /s/ Michael A. Caddell______
Michael A. Caddell
Attorneys for Plaintiffs

20
21
22
23
24
25
26
27
28
3
STIPULATION AND [PROPOSED] ORDER
Case No. 3:13-CV-5566-VC

1

DECLARATION OF STEPHEN P. BERZON IN SUPPORT OF STIPULATION

2

I, Stephen P. Berzon, declare as follows:

3

1.

I am a member in good standing of the bar of the State of California and am one

4

of the counsel of record for Defendant TWU in the above-captioned case. I make this

5

declaration in support of the Parties’ stipulated request to vacate the December 4, 2014

6

telephonic discovery conference, to stay Defendants’ pending Motion to Dismiss the Second

7

Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) [Dkt. 106], and to continue the Case

8

Management Conference set for January 27, 2015 to at least February 3, 2015. The facts set

9

forth in this declaration I know to be true of my own personal knowledge.

10
11
12

2.

I am lead counsel for TWU on this case, and I have authority to make decisions

about any issue that may come up during a case management conference.
3.

On October 28, 2014, TWU filed an Administrative Motion, pursuant to Civil

13

Local Rule 6-3(a), to continue the Case Management Conference then scheduled for November

14

13, 2014, to 30 days after the Court rules on Defendant’s pending motion to dismiss the Second

15

Amended Complaint. Dkt. 92.

16
17
18

4.

On November 6, 2014, the Court issued a Clerk’s Notice rescheduling the

November 13, 2014 Case Management Conference to January 27, 2015. Dkt. 102.
5.

I have a pre-existing commitment to attend a Ninth Circuit Conference in Tucson,

19

Arizona from January 26-28, 2015, and am therefore unavailable for a Case Management

20

Conference on January 27, 2015.

21

6.

All previous time modifications in this case are set forth in the Declaration of

22

Connie K. Chan in Support of Defendant’s Motion to Continue Case Management Conference

23

(Dkt. 92), ¶¶15-29.

24
25
26
27
28

7.

Aside from a hearing on Defendant’s Rule 12(b)(6) Motion to Dismiss the Second

Amended Complaint set for January 15, 2015, no other deadlines have yet been set in this matter.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge. Executed at San Francisco, California, on December 3, 2014.
_/s/ Stephen P. Berzon_________
Stephen P. Berzon

4
STIPULATION AND [PROPOSED] ORDER
Case No. 3:13-CV-5566-VC

1
2
3
4
5
6

[PROPOSED] ORDER
Pursuant to the Parties’ stipulation and for good cause shown, the Court hereby orders the
following:
1.

The telephonic discovery conference scheduled for December 4, 2014 at 11:00

a.m. shall be vacated;
2.

Defendant’s Motion to Dismiss the Second Amended Complaint Pursuant to Fed.

7

R. Civ. P. 12(b)(1) [Dkt. 106], currently set for hearing on January 15, 2015, shall be taken off

8

calendar and stayed, to be reset following the Court’s ruling on Defendant’s pending Motion to

9

Dismiss the Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6);

10

3.

Discovery related to Defendant’s Rule 12(b)(1) Motion to Dismiss the Second

11

Amended Complaint, as provided for in the Court’s December 1, 2014 Protective Order (Dkt.

12

113), shall likewise be stayed pending the resetting of the Rule 12(b)(1) Motion; and

13

4.

The Case Management Conference currently set for January 27, 2015 shall be

14

continued to February 3, 2015 at 10:00 a.m.

15

IT IS SO ORDERED.

16

Dated: December 5, 2014

______________________________
The Honorable Vince Chhabria
United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28
5

STIPULATION AND [PROPOSED] ORDER
Case No. 3:13-CV-5566-VC