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

Filing 87

STIPULATION AND ORDER GRANTING CONTINUANCE OF THE CLASS CERTIFICATION BRIEFING re 86 STIPULATION WITH PROPOSED ORDER filed by Nikola Vlaovic, Martin Arnaudov, Mihail Slavkov. Signed by Judge Jon S. Tigar on January 27, 2016. (wsn, COURT STAFF) (Filed on 1/27/2016)

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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
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,

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Plaintiffs,
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v.
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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,

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Defendants.
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STIPULATION AND [PROPOSED] ORDER
Case No. CV 14-4324 JST
129524341.3

Case No. CV 14-4324 JST
STIPULATION AND [PROPOSED]
ORDER GRANTING CONTINUANCE OF
THE CLASS CERTIFICATION BRIEFING

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STIPULATION AND REQUEST FOR A CONTINUANCE

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Plaintiffs MIHAIL SLAVKOV, NIKOLA VLAOVIC and MARTIN ARNAUDOV

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

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HEATER COMPANY, FWH ACQUISITION COMPANY, LLC dba FAST WATER HEATER

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COMPANY; JEFFREY DAVID JORDAN; and JASON SPARKS HANLEYBROWN

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(“Defendants”) (collectively, “Parties”), stipulate to and request an order continuing the current

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class certification briefing schedule by 45 days. This additional time will enable the Parties to

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focus their time and resources towards ongoing settlement communications as part of the Court’s

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ADR program. The parties are concerned that unless there is a continuance of the certification

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briefing schedule, their settlement efforts may be hindered by the necessity of devoting all of their

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time and litigation resources to class certification briefing. If the Court extends the schedule, the

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Parties have agreed that there will be a corresponding stay of discovery and a tolling of the statute

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of limitations on the claim brought under the Fair Labor Standards Act (“FLSA”).

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This stipulation and proposed order is made on the following facts. The Parties attended

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an early mediation in May 2015 before a private mediator. On January 19, 2016, the Parties

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attended a second mediation, this time a day-long mediation with Arthur R. Siegel, the Court-

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assigned Mediator to this matter. The Parties did not resolve the litigation at the mediation, but

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settlement discussions are ongoing. The parties are facing substantial immediate discovery and

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briefing efforts including the depositions of the named lead class members, additional written

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discovery, Plaintiffs’ discovery motion relating to the Defendant’s deposition and written

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discovery, a class certification motion and perhaps other motions.

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Accordingly, the Parties request that this Court grant a 45 day continuation of the class
certification deadlines, as set forth below
Event

Deadline

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Plaintiffs’ motion for class certification

February 26, 2016 April 15, 2016

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Defendants’ opposition to class certification

March 25, 2016 May 16, 2016

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Plaintiffs’ reply brief re class certification

April 8, 2016 May 30, 2016

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STIPULATION AND [PROPOSED] ORDER
Case No. CV 14-4324 JST
129524341.3

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Hearing on class certification

May 26, 2016 June 30, 2016 at 2:00 p.m.

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The parties also request that for the next 45 days, the statute of limitations relating to FLSA

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claims of putative class members is tolled and discovery (including discovery motions) is stayed.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: January 26, 2016

PERKINS COIE LLP

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By: /s/ Jonathan S. Longino
Sue J. Stott
Jonathan S. Longino
Aaron J. Ver

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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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DATED: January 26, 2016

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WOODALL LAW OFFICES
DOUGLAS LAW OFFICES
BARNES LAW OFFICES

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By: /s/ Kevin F. Woodall
Kevin F. Woodall

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Attorneys for Plaintiffs
MIHAIL SLAVKOV, NIKOLA VLAOVIC
AND MARTIN ARNAUDOV

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STIPULATION AND [PROPOSED] ORDER
Case No. CV 14-4324 JST
129524341.3

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[PROPOSED] ORDER

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The Parties’ stipulation, request for a continuance, and revised case management schedule

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are adopted. IT IS SO ORDERED.

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January 27, 2016
DATED: _________________

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STIPULATION AND [PROPOSED] ORDER
Case No. CV 14-4324 JST
129524341.3

________________________
The Honorable Jon S. Tigar
UNITED STATES DISTRICT JUDGE