Tsyn v. Wells Fargo Advisors, LLC

Filing 150

STIPULATION AND ORDER TO EXTEND CASE DEADLINES. Motion Hearing set for 10/26/2017 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Final Pretrial Conference set for 2/1/2018 01:30 PM in Courtroom C, 15th F loor, San Francisco. Jury Selection/Jury Trial set for 2/12/2018 08:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Jury Trial set for 2/13/2018 08:30 AM in Courtroom C, 15th Floor, San Francisco before Magist rate Judge Laurel Beeler. Jury Trial set for 2/14/2018 08:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Jury Trial set for 2/15/2018 08:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Jury Trial set for 2/16/2018 08:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Signed by Judge Laurel Beeler on 02/22/2017. (rxmS, COURT STAFF) (Filed on 2/22/2017)

1 EDWARD J. WYNNE (State Bar No. 165819)
[e-mail]
2 WYNNE LAW FIRM
Wood Island
3 80 E. Sir Francis Drake Boulevard, Suite 3G
Larkspur, CA 94939
4 Telephone:
[phone]
Facsimile:
[phone]
5
Attorneys for Plaintiff
6 VLAD TYSN
7 MALCOLM A. HEINICKE (State Bar No. 194174)
[e-mail]
8 MARJA-LIISA OVERBECK (State Bar No. 261707)
[e-mail]
9 MUNGER, TOLLES & OLSON LLP
560 Mission Street
10 Twenty-Seventh Floor
San Francisco, California 94105-2907
11 Telephone:
[phone]
Facsimile:
[phone]
12
TERRY E. SANCHEZ (State Bar No. 101318)
13 [e-mail]
MUNGER, TOLLES & OLSON LLP
14 355 South Grand Avenue
Thirty-Fifth Floor
15 Los Angeles, California 90071-1560
Telephone:
[phone]
16 Facsimile:
[phone]
17 Attorneys for Defendant
WELLS FARGO ADVISORS, LLC
18
[ADDITIONAL COUNSEL LISTED BELOW]
19
20

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

21
22 VLAD TSYN, individually and on behalf of
all others similarly situated,
23
Plaintiff,
24
vs.
25
WELLS FARGO ADVISORS, LLC,
26
Defendant.
27

Case No. 14-cv-02552-LB
JOINT STIPULATION AND [PROPOSED]
ORDER TO EXTEND CASE DEADLINES
Judge: Hon. Laurel Beeler

28
33892354.1

14-cv-02552-LB
JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE DEADLINES

1

ADDITIONAL COUNSEL

2 DAVID S. MARKUN (State Bar No. 108067)
[e-mail]
3 Jeffrey K. Compton (State Bar No. 142969)
[e-mail]
4 MARKUN ZUSMAN FRENIERE & COMPTON LLP
17383 Sunset Boulevard, Suite A380
5 Pacific Palisades, CA 90272
Telephone:
[phone]
6 Facsimile:
[phone]
7 James F. Clapp (State Bar No. 145814)
CLAPP & LAUINGER, LLP
8 701 Palomar Airport Road, Ste. 300
Carlsbad, CA 92011
9
Telephone: [phone] ext. 101
10 Facsimile: [phone]
11 GALLO, LLP
Ray E. Gallo (SBN 158903)
12 [e-mail]
1299 Fourth Street, Suite 505
13 San Rafael, CA 94901
Telephone:
[phone]
[phone]
14 Facsimile:
15 Attorneys for Plaintiff
VLAD TYSN
16
17
18
19
20
21
22
23
24
25
26
27
28
33892354.1

14-cv-02552-LB
JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE DEADLINES

1

STIPULATION

2

WHEREAS, Plaintiffs Vlad Tsyn, Catherine Horan-Walker, Daniel Silbermann

3 (“Plaintiffs”) bring this action against Defendant Wells Fargo Advisors, LLC (“WFA”) alleging
4 putative class action claims under California law as well as individual claims under the federal
5 Fair Labor Standards Act (“FLSA”);
6

WHEREAS, Plaintiffs initially pursued their FLSA claims on a putative collective

7 action basis, but in light of the Court ruling on WFA’s motions for partial summary judgment,
8 Plaintiffs, reserving their appellate rights, have confirmed that they will not be pursuing
9 certification of the putative collective action in this case, and so Plaintiffs’ still pending FLSA
10 claims will proceed on an individual basis only, and there is no need to schedule conditional
11 certification proceedings;
12

WHEREAS, on August 11, 2016, this Court held a Further Case Management

13 Conference during which conference the Court established certain deadlines, including the
14 deadlines for a Motion re: Class Certification (currently set for February 9, 2017) (ECF No. 145);
15

WHEREAS, the Parties are still engaged in discovery pertinent to the anticipated

16 litigation of the propriety of class certification, including taking a multi-topic deposition under
17 Fed. R. Civ. Pro. 30(b)(6), which was delayed due the witness’ schedule and then again because,
18 on the date of the deposition, Plaintiffs’ counsel’s flight was cancelled due to severe weather;
19

WHEREAS, the Parties agree, as in the past, to meet and confer following the

20 filing of any motion to attempt to agree on a briefing and hearing schedule and, if needed, then
21 submit any resulting dispute to the Court;
22

WHEREAS, the Parties have requested extensions of the case deadlines in the past;

23

WHEREAS, in order to preserve the time and resources of the Court and of the

24 Parties while the Parties continue to engage in discovery, good cause exists to continue the class
25 certification briefing and other case deadlines; and,
26

WHEREAS, the Parties would be happy to attend an in person or telephonic

27 scheduling conference with the Court if the Court has any concerns about the schedule set forth in
28 this Stipulation;
33892354.1

14-cv-02552-LB
-1JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE DEADLINES

1

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and

2 among the respective Parties hereto, that, as the Court’s schedule permits, the current schedule be
3 adjusted as follows:
4

Current Filing
Deadline/Hearing Date
2/9/2017

Proposed Extended Filing
Deadline/Hearing Date
7/28/2017

5/4/2017, at 9:30a.m.

10/26/2017, at 9:30a.m.

7/28/2017

12/7/2017

10

Last hearing date for
dispositive motions
and/or further case
management conference
Meet and confer re
pretrial filings

11

Pretrial filings due

8/10/2017

12/21/2017

12

Oppositions, Objections, 8/24/2017
Exhibits, and Depo
Designations due

1/18/2018

Final Pretrial
Conference

9/28/2017, at 1:30 p.m.

2/3/2018, at 1:30 p.m.

15
16

Trial

10/10/2017, at 8:30 a.m.

2/12/2018, at 8:30 a.m.

5
6
7
8
9

13

Case Event
Filing of Motion re:
Class Certification

14

17
18

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

19
20 DATED: February 21, 2017

WYNNE LAW FIRM
EDWARD J. WYNNE

21
By: /s/ Edward J. Wynne
EDWARD J. WYNNE
Attorneys for Plaintiff
VLAD TYSN

22
23
24
25
26
27
28
33892354.1

14-cv-02552-LB
JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE DEADLINES

1 DATED: February 21, 2017

MUNGER, TOLLES & OLSON LLP

2
3
By:

/s/ Malcolm A. Heinicke
MALCOLM A. HEINICKE
Attorneys for Defendant
WELLS FARGO ADVISORS, LLC

4
5
6

FILER’S ATTESTATION

7
8

Pursuant to Local Rule 5-1(i)(3), regarding signatures, I attest that concurrence in the filing

9 of the document has been obtained from each of the other signatories listed above.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
33892354.1

14-cv-02552-LB
JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE DEADLINES

1

[PROPOSED] ORDER

2

Pursuant to the Parties’ Joint Stipulation, it is hereby ORDERED that the case

3 deadlines in this matter be continued as follows:
4

Current Filing
Deadline/Hearing Date
2/9/2017

Proposed Extended Filing
Deadline/Hearing Date
7/28/2017

5/4/2017, at 9:30a.m.

10/26/2017, at 9:30a.m.

7/28/2017

12/7/2017

10

Last hearing date for
dispositive motions
and/or further case
management conference
Meet and confer re
pretrial filings

11

Pretrial filings due

8/10/2017

12/21/2017

12

Oppositions, Objections, 8/24/2017
Exhibits, and Depo
Designations due

5
6
7
8
9

13

Case Event
Filing of Motion re:
Class Certification

1/18/2018

14
Final Pretrial
Conference

9/28/2017, at 1:30 p.m.

15

2/3/2018, at 1:30 p.m.
02/01/2018

16

Trial

10/10/2017, at 8:30 a.m.

2/12/2018, at 8:30 a.m.

17
18

It is so ordered as modified.

19
20
21

Date: 02/22/2017
HONORABLE LAUREL BEELER

22
23
24
25
26
27
28
33892354.1

14-cv-02552-LB
-1JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE DEADLINES