Bernstein v. Virgin America, Inc.

Filing 201

STIPULATION AND ORDER re 198 STIPULATION WITH PROPOSED ORDER Regarding Admissibility of Documents and Depositions filed by Julia Bernstein. Signed by Judge Jon S. Tigar on October 19, 2017. (wsn, COURT STAFF) (Filed on 10/19/2017)

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DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
Monique Olivier (SBN 190385)
([e-mail])
100 Bush Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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KOSINSKI + THIAGARAJ, LLP
Alison Kosinski (SBN 261676)
([e-mail])
Emily Thiagaraj (SBN 284634)
([e-mail])
351 California Street, Suite 300
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and the Class

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Additional Counsel on Following Page

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JULIA BERNSTEIN, LISA MARIE SMITH,
and ESTHER GARCIA, on behalf of
themselves and all others similarly situated,

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JOINT STIPULATION; [PROPOSED]
ORDER THEREON

Plaintiffs,

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Case No. 15-cv-02277-JST

vs.
Trial Date: May 14, 2018
VIRGIN AMERICA, INC.; and Does 1-10,
inclusive;
Defendants.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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JOINT STIPULATION
CASE NO. 15-CV-02277-JST

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ROBERT JON HENDRICKS, State Bar No. 179751
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
NANCY VILLARREAL, State Bar No. 273604
MORGAN, LEWIS & BOCKIUS LLP
1400 Page Mill Road
Palo Alto, CA 94304
Tel: [phone]
Fax: [phone]
E-Mail: [e-mail]
Attorneys for Defendant
VIRGIN AMERICA INC.

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JAMES E. MILLER (SBN 262553)
([e-mail])
SHEPHERD, FINKELMAN, MILLER AND SHAH, LLP
65 Main Street
Chester, CT 06412
Telephone: [phone]
Facsimile: [phone]
KOLIN C. TANG (SBN 279834)
CHIHARU G. SEKINO (SBN 306589)
SHEPHERD, FINKELMAN, MILLER
AND SHAH, LLP
401 West A Street, Suite 2550
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
JAMES C. SHAH (SBN 260435)
SHEPHERD, FINKELMAN, MILLER
AND SHAH, LLP
35 East State Street
Media, PA 19063
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and the Class
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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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JOINT STIPULATION
CASE NO. 15-CV-02277-JST

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STIPULATION
Plaintiffs Julia Bernstein, Lisa Marie Smith and Esther Garcia (collectively, “Plaintiffs”)
and Defendant Virgin America Inc. (“Defendant”) (collectively, the “Parties”), through their
counsel, hereby stipulate and agree that:
WHEREAS, on August 29, 2017, Plaintiffs served Notices of Deposition of: (a)
Defendant Virgin America Inc., pursuant to Fed. R. Civ. P. 30(b)(6) (“30(b)(6) Notice”)
requesting that Defendant provided deponent(s) knowledgeable and prepared to answer questions
regarding eight topics; (b) Diane Chandra pursuant to Fed. R. Civ. P. 30; and (c) Aladdin Nabulsi
pursuant to Fed. R. Civ. P. 30.
WHEREAS, on September 18, 2017, Defendant served its objections to Plaintiffs’ Notices
of Depositions of Diane Chandra and Aladdin Nabulsi.
WHEREAS, on September 19, 2017, Defendant served its objections to Plaintiffs’
30(b)(6) Notice.
WHEREAS the parties subsequently met and conferred regarding Plaintiffs’ requested
depositions.
WHEREAS Defendant agreed that it would not call Ms. Chandra or Mr. Nabulsi as
witnesses at trial or submit evidence from them in support of any dispositive motions.
WHEREAS the parties reserved their rights to call Ms. Chandra or Mr. Nabulsi as
witnesses at trial or submit evidence from them in support of any dispositive motions for purposes
of rebuttal or impeachment.
WHEREAS the parties agreed that, in order to streamline matters for dispositive motions
and trial and to avoid the unnecessary expenditure of resources, the parties would enter into a
stipulation that would eliminate the need for Plaintiffs’ requested depositions.
NOW, THEREFORE, based on the foregoing, the parties hereby stipulate and agree that:
A. Defendant stipulates to the authenticity and the admissibility of the following
documents and data produced by Defendant in this action: (1) the Class
Member’s flight schedules, earning data and/or payroll records, and wage

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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JOINT STIPULATION
CASE NO. 15-CV-02277-JST

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statements; and (2) Virgin’s Work Rules, Inflight Manuals, Playbooks, and
Rainmaker User Guide in existence from 2011 to the present. By agreeing to the
foregoing, neither party concedes the materiality of the documents, and both
parties reserve all rights, including arguments regarding the weight, relevance or
import, or lack thereof, of the documents.
B. As of the date of this stipulation, there have been no material class-wide changes
in the policies, practices and procedures as to: (a) the provision of meal periods or
rest breaks to Inflight Team Members (“ITMs”); (b) the provision of wage
statements under California Labor Code § 226 to ITMs; (c) Virgin’s Work Rules
with respect to compensation to ITMs for the time from report time to block-out,
turn time, or block-in time to release; or (d) the compensation to ITMs for
preparation of incident reports.
C. If and when the merger/acquisition of Virgin America, Inc. by Alaska Air Group,
Inc. becomes effective and final (and Virgin America, Inc. ceases to have an
independent corporate existence) and/or a Single Operating Certificate is issued
by the Federal Aviation Administration, Plaintiffs may seek to amend the
operative Complaint to add Alaska Air Group, Inc. as a defendant in the capacity
of an alleged successor in interest to Virgin America, Inc. and that Defendant will
not oppose any such motion to amend. Nothing in the foregoing shall prejudice
the rights of Alaska Air Group, Inc. in connection with any response that it may
make to any such motion.
D. The depositions that Plaintiffs noticed on August 29, 2017 are no longer required
in light of this Stipulation.

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Dated: October 16, 2017

DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
By: /s/ Monique Olivier
Monique Olivier
Attorneys for Plaintiffs

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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JOINT STIPULATION
CASE NO. 15-CV-02277-JST

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Dated: October 16, 2017

MORGAN LEWIS & BOCKIUS
By:/s/RJ Hendricks
Robert Jon Hendricks
Nancy Villarreal
Attorneys for Defendant

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*I, Robert Jon Hendricks, attest that Monique Olivier has concurred in the filing of this

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document. (L.R. 5-1(i).)

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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JOINT STIPULATION
CASE NO. 15-CV-02277-JST

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[PROPOSED] ORDER

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Pursuant to the Stipulation of the Parties, and good cause appearing, it is hereby ordered
that the Parties’ Joint Stipulation is hereby adopted and entered as an Order of this Court.
IT IS SO ORDERED.

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DATED: October 19, 2017
Jon S. Tigar
United States District Judge

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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JOINT STIPULATION
CASE NO. 15-CV-02277-JST