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

Filing 88

Order by Hon. Vince Chhabria granting 87 Stipulation Enlarging Briefing Schedule.(knm, COURT STAFF) (Filed on 10/21/2014)

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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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANIEL DEMETRIS, et al.
Plaintiffs,

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

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Case No. 3:13-cv-5566-VC
STIPULATION AND [PROPOSED]
ORDER ENLARGING BRIEFING
SCHEDULE AS MODIFIED
Civ. L.R. 6-2
Date:
Time:
Ctrm.:
Judge:

n/a
n/a
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Hon. Vince Chhabria

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

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

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

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

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

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

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through their respective attorneys of record, as follows:
WHEREAS, on September 30, 2014, the Court issued an Order Denying TWU’s Motion

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for Summary Judgment for Failure to Exhaust Internal Union Remedies; Granting Motion to

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Dismiss With Leave to Amend, granting Plaintiffs 21 days from the date of the Order to file a

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second amended complaint;

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WHEREAS, Plaintiffs intend to file their second amended complaint on October 21,
2014;
WHEREAS, under the Federal and Local Rules, Defendant’s response to the second
amended complaint will be due November 12, 2014;

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WHEREAS, if Defendant files a motion to dismiss the second amended complaint, the

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Civil Local Rules provide that Plaintiffs’ opposition to said motion will be due November 26,

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2014, and Defendant’s reply will be due December 3, 2014; and

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WHEREAS, November 27, 2014 is Thanksgiving;

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

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1. Defendant’s response to Plaintiffs’ second amended complaint shall be due

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November 12, 2014;
2. Plaintiffs’ opposition to Defendant’s motion to dismiss the second amended
complaint shall be due December 5, 2014;

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3. Defendant’s reply shall be due December 19, 2014

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4. A hearing on the motion to dismiss shall be set for January 8, 2015 at 10:00 a.m., or

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as soon thereafter as is convenient for the Court;
Dated: October 17, 2014

STEPHEN P. BERZON (SBN 46540)
CONNIE K. CHAN (SBN 284230)
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 94108

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

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Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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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]

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by: /s/ Connie K. Chan_________
Connie K. Chan

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Attorneys for Defendant

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Dated: October 17, 2014

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

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

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

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

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DECLARATION OF CONNIE K. CHAN IN SUPPORT OF STIPULATION

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I, Connie K. Chan, declare as follows:

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1.

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

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

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declaration in support of the Parties’ stipulated request to enlarge the briefing schedule on the

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motion to dismiss Plaintiffs’ Second Amended Complaint that Defendant intends to file. The

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facts set forth in this declaration I know to be true of my own personal knowledge, except where

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stated to be based on information and belief.

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2.

Pursuant to Civil Local Rule 6-1(a), the Parties previously stipulated to extend the

time within which Defendant must file a responsive pleading to January 27, 2014.
3.

On January 23, 2014, this case was reassigned to the Honorable Judge Orrick. In

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light of the reassignment of this matter, the Parties agreed to extend the time within which

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Defendant must file a responsive pleading to February 18, 2014.

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4.

On February 18, 2014, TWU filed a motion to dismiss Plaintiffs’ original

complaint for failure to exhaust internal union remedies and failure to state a claim (Dkt. 18).
5.

The Parties stipulated to allow Plaintiffs to file an amended complaint to add as a

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named plaintiff Thomas Powell and to incorporate allegations from his complaint originally filed

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in the Northern District of Texas in the action styled Powell v. TWU et al., Case No. 3:14-cv-

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00375-G (N.D. Tex.), and to a briefing schedule on any amended motion to dismiss by TWU.

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6.

At a case management conference on March 18, 2014, the Court (Judge Orrick)

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adopted the parties’ agreed upon briefing schedule for Defendant’s motion to dismiss the First

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Amended Complaint as follows: motion to dismiss due April 30, 2014; opposition due June 11,

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2014; reply due July 9, 2014; and motion hearing set for August 27, 2014 at 2:00 p.m. (Dkt. 31).

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7.

On April 17, 2014, this case was reassigned to the Honorable Judge Chhabria.

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8.

On April 30, 2014, TWU filed a motion for summary judgment for failure to

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exhaust internal union remedies; or alternatively, to dismiss for failure to state a claim.
9.

On September 30, 2014, the Court issued an Order Denying TWU’s Motion for

Summary Judgment for Failure to Exhaust Internal Union Remedies; Granting Motion to

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

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Dismiss With Leave to Amend, granting Plaintiffs 21 days from the date of the Order to file a

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second amended complaint.

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10.

On information and belief, Plaintiffs intend to file a second amended complaint

on October 21, 2014.
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If Defendant files a motion to dismiss the second amended complaint on its

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response deadline of November 12, 2014, the Civil Local Rules provide that Plaintiffs’

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opposition to said motion will be due November 26, 2014, and Defendant’s reply will be due

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December 3, 2014.

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12.

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Aside from a case management conference currently set for November 13, 2014,

no other case scheduling 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 October 17, 2014.

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_/s/ Connie K. Chan_________
Connie K. Chan

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

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[PROPOSED] ORDER AS MODIFIED
Pursuant to the Parties’ stipulation and for good cause shown, the Court hereby sets the
following briefing schedule:
1.

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Defendant’s response to Plaintiffs’ second amended complaint is due November
12, 2014;

2.

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In the event Defendant responds by way of motion to dismiss, Plaintiffs’
opposition to said motion shall be due December 5, 2014;

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3.

Defendants’ reply shall be due December 19, 2014;

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4.

A hearing on Defendant’s motion shall be set for January 8, 2015, at 10:00 a.m.

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IT IS SO ORDERED.

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Dated: October 21, 2014

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______________________________
The Honorable Vince Chhabria
United States District Judge

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