Mihail Slavkov et al v. Fast Water Heater Partners I, LP et al

Filing 104

STIPULATION AND ORDER re 102 STIPULATION WITH PROPOSED ORDER JOINT STIPULATION AND NOTICE OF SETTLEMENT AND [PROPOSED] ORDER filed by Jeffrey David Jordan, Fast Water Heater Partners I, LP, FWH Acquisition Company, LLC, Jason Sparks Hanleybrown. Signed by Judge Jon S. Tigar on June 7, 2016. (wsn, COURT STAFF) (Filed on 6/7/2016)

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Sue J. Stott, State Bar No. 91144
[e-mail]
Jonathan S. Longino, State Bar No. 273936
[e-mail]
Aaron J. Ver, State Bar No. 295409
[e-mail]
PERKINS COIE LLP
505 Howard Street, Suite 1000
San Francisco, CA 94105-3204
Telephone: [phone]
Facsimile: 415.344.7050
Attorneys for Defendants
FAST WATER HEATER PARTNERS I, LP
DBA FAST WATER HEATER COMPANY,
FWH ACQUISITION COMPANY, LLC DBA
FAST WATER HEATER COMPANY;
JEFFREY DAVID JORDAN; AND JASON
SPARKS HANLEYBROWN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MIHAIL SLAVKOV, NIKOLA
VLAOVIC AND MARTIN ARNAUDOV,
individually and on behalf of those
similarly situated,
Plaintiffs,

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v.
FAST WATER HEATER PARTNERS I,
LP dba Fast Water Heater Company, a
Delaware Limited Partnership; FWH
ACQUISITION COMPANY, LLC dba
Fast Water Heater Company, a Delaware
Limited Liability Company; JEFFREY
DAVID JORDAN, an individual; and
JASON SPARKS HANLEYBROWN, an
individual,
Defendants.

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STIPULATION AND [PROPOSED] ORDER
Case No. CV 14-4324 JST

Case No. CV 14-4324 JST
JOINT STIPULATION AND NOTICE OF
SETTLEMENT AND [PROPOSED]
ORDER

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STIPULATION FOR A CONTINUANCE AND STAY OF LITIGATION

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On June 2, 2016, the Parties to this litigation attended a settlement conference before

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Magistrate Judge Sallie Kim. (ECF No. 101.) Although the Parties did not settle, they will

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continue discussions and will attend a second settlement conference with Judge Kim on August 8,

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2016. (ECF No. 101.) In furtherance of continued discussions and in anticipation of reaching a

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settlement, Plaintiffs MIHAIL SLAVKOV, NIKOLA VLAOVIC, and MARTIN ARNAUDOV

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(“Plaintiffs”) and Defendants FAST WATER HEATER PARTNERS I, LP dba Fast Water Heater

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Company; FWH ACQUISITION COMPANY, LLC dba Fast Water Heater Company; JEFFREY

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DAVID JORDAN; and JASON SPARKS HANLEYBROWN (“Defendants”), stipulate to and

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request that the Court issue an order as follows: The current stay of litigation is lifted for the

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limited purpose of allowing Defendants to communicate with and attempt to enter into settlement

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agreements with individual members of the putative class; the stay on all other litigation

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activities, including discovery and pretrial motions (except for settlement discussions and motions

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that address settlement only), is extended to September 21, 2016; the statutes of limitations

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relating to any potential claim under Labor Code section 558.1 and the Fair Labor Standards Act

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for Plaintiffs and the putative class and collective action members is tolled until to November 7,

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2016; and Plaintiffs’ deadline to file a motion for class certification is continued to November 7,

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2016.

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DATED: June 7, 2016

PERKINS COIE LLP

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By: /s/ Jonathan S. Longino
Jonathan S. Longino

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Attorneys for Defendants

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DATED: June 7, 2016
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WOODALL LAW OFFICES
By: /s/ Kevin F. Woodall
Kevin F. Woodall

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Attorneys for Plaintiffs

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-2STIPULATION AND [PROPOSED] ORDER
Case No. CV 14-4324 JST

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[PROPOSED] ORDER

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PURSUANT TO THE STIPULATION OF THE PARTIES, and finding good cause

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therein, IT IS ORDERED that:
1.

The statutes of limitation relating to any potential claims under Labor Code section

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558.1 and the Fair Labor Standards Act shall be tolled for Plaintiffs and the putative class and

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collective action members until November 7, 2016;

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2.

During the stay, Defendants may communicate with and attempt to enter into

individual settlement agreements with putative class members;
3.

All other litigation activities, including discovery and pretrial motions (except for

motions that address settlement only), shall be stayed until September 21, 2016; and

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Any deadlines relating to the class certification motion shall be continued as
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follows: (1) Plaintiffs’ deadline to file a class certification motion shall be November 6, 2016; (2)

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Defendants’ deadline to file an opposition to Plaintiffs’ class certification motion shall be

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December 6, 2016; and (3) Plaintiffs’ deadline to file the reply brief papers in support of their

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class certification motion shall be December 27, 2016.

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4.

IT IS SO ORDERED.

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June 7, 2016
DATED: _____________________
HON. JON S. TIGAR
UNITED STATES DISTRICT COURT JUDGE

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131378241.1

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STIPULATION AND [PROPOSED] ORDER
Case No. CV 14-4324 JST