Woods et al v. Vector Marketing Corporation

Filing 55

STIPULATION AND ORDER re 53 STIPULATION WITH PROPOSED ORDER Stipulated Tolling Agreement and Proposed Order filed by Samuel Barone-Crowell, Dominic Seale, Casey McCaleb, Eric Essler, Wesley Varughese, William Woods, Lowell Harvard Jr.. Signed by Judge Edward M. Chen on 9/5/14. (bpfS, COURT STAFF) (Filed on 9/5/2014)

1 MARLIN & SALTZMAN, LLP

Stanley D. Saltzman, Esq. (SBN 090058)

2 Christina Humphrey, Esq. (SBN 226326)
Leslie H. Joyner, Esq. (SBN 2627050

3 29229 Canwood Street, Suite 208
Agoura Hills, California 91301
[phone]
Facsimile:
[phone]
5 [e-mail]
[e-mail]
6 [e-mail]

4 Telephone:

7 DIVERSITY LAW GROUP, A Professional Corporation
Larry W. Lee, Esq. (SBN 228175)

8 550 S. Hope St., Suite 2655

Los Angeles, California 90071

9 Telephone: [phone]
Facsimile:
[phone]
10 [e-mail]
11 [e-mail]
12 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

15 WILLIAM WOODS (CA), DOMINIC SEALE
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(FL), WESLEY VARUGHESE (IL), ERIC
ESSLER (MI), KRISTINA WILLS (MN),
CASEY MCCALEB (MO), SAMUEL
BARONE-CROWELL (NY), LOWELL
HARVARD JR. (NY), ALTWELL WINFIELD
(NY), TIFFANY REINHART (OH), individually
and on behalf of all other similarly situated
individuals,

CASE NO. 14-CV-00264-EMC
(Hon. Edward M. Chen)
STIPULATED TOLLING AGREEMENT
AND [PROPOSED] ORDER

CLASS ACTION

Plaintiffs,
v.

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VECTOR MARKETING CORPORATION and

23 DOES 1 through 20, inclusive,
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Defendants.

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Plaintiffs William Woods, Dominic Seale, Wesley Varughese, Eric Essler, Casey McCaleb,

28 Samuel Barone-Crowell and Lowell Harvard Jr. (“Plaintiffs”) and Defendant Vector Marketing
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Stipulated Tolling Agreement and [Proposed] Order
Case No. 14-CV-00264-EMC

1 Corporation (“Defendant,” or collectively with Plaintiffs, the “Parties”) enter into this Stipulated
2 Tolling Agreement (“Stipulation”) with reference to the following facts:
3

A.

On or about January 16, 2014, Plaintiffs filed their Class and Collective Action

4 Complaint (“Complaint”) in the above-captioned action;
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B.

The Complaint alleges various wage and hour violations (all of which are denied by

6 Defendant) on behalf of the following putative class of individuals under the Fair Labor Standards
7 Act (hereinafter referred to as “FLSA”): “All individuals in the United States who participated in
8 some or all of Defendants’ initial 3-5 day training sessions to become a Sales Representative from
9 three years prior to the filing of the Complaint until final judgment is rendered. Excluded from the
10 FLSA Class are any individuals who opted into the FLSA Class in the matter of Harris v. Vector
11 Marketing Corp., Civil Action Number 08-5198, before the United States District Court for the
12 Northern District of California” (“Putative Collective Action Members”);
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C.

Plaintiffs desire to timely seek conditional collective action certification of Plaintiffs’

14 FLSA claims on behalf of the Putative Collective Action Members, which Defendant expects to
15 oppose;
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D.

The parties have agreed to file cross-motions for summary judgment or summary

17 adjudication as to the Plaintiffs’ individual claims prior to Plaintiffs moving for conditional
18 collective action certification;
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E.

The parties’ cross-motions for summary judgment or summary adjudication are

20 currently scheduled to be heard on November 20, 2014; and
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F.

Plaintiffs wish to toll the statute of limitations on the claims of Putative Collective

22 Action Members pending the Court’s disposition of the Parties’ cross-motions for summary
23 judgment or summary adjudication, and Defendant is agreeable to such tolling on the terms set forth
24 below.
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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through

26 their respective counsel of record, as follows:
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1.

The statute of limitations shall be tolled as to all claims under the FSLA alleged in the

28 Complaint on behalf of Putative Collective Action Members from May 15, 2014, through and
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Stipulated Tolling Agreement and [Proposed] Order
Case No. 14-CV-00264-EMC

1 including the date the Court files its Order(s) disposing of the Parties’ cross-motions for summary
2 judgment or summary adjudication; provided, however, that this Stipulation shall have no force or
3 effect as to any claims of Putative Collective Action Members as to which the statute of limitations
4 had run as of May 15, 2014; and
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2.

This Stipulation is without prejudice to any of Defendant’s defenses or other rights in

6 this action, including (without limitation) the right to assert the statute of limitations as a defense
7 except as set forth in Paragraph 1 above.
8

SO STIPULATED.

9 DATED: August 27, 2014

MARLIN & SALTZMAN, LLP
DIVERSITY LAW GROUP APC

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By:

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/s/ Christina A. Humphrey
Stanley D. Saltzman, Esq.
Christina A. Humphrey, Esq.
Leslie H. Joyner, Esq.
Attorneys for Plaintiffs

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DATED: August 27, 2014

MORRISON & FOERSTER
PHILLIPS LYTLE LLP

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By:

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/s/ Karen J. Kubin
Karen J. Kubin
Attorneys for Defendant
Vector Marketing Corporation

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SIGNATURE ATTESTATION
In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this

23 document has been obtained from the signatories on this e-filed document.
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DATED: August 27, 2014

/s/ Christina A. Humphrey
Christina A. Humphrey

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/s/ Karen J. Kubin
Karen J. Kubin

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Stipulated Tolling Agreement and [Proposed] Order
Case No. 14-CV-00264-EMC

[Proposed] ORDER

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Good cause appearing, the Parties’ Stipulated Tolling Agreement set forth above is hereby

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ER

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Judge E

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United States District Judge

NO

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VED
Honorable
APPRO Edward M. Chen

LI

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UNIT
ED

9/5/14
5 DATED: _______________

S DISTRICT
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3 approved and made an Order of the Court.

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Stipulated Tolling Agreement and [Proposed] Order
Case No. 14-CV-00264-EMC