Bernstein v. Virgin America, Inc.

Filing 297

STIPULATION AND ORDER re 293 STIPULATION WITH PROPOSED ORDER to File Third Amended Complaint filed by Julia Bernstein. Amended Pleadings due by 3/26/2018. Signed by Judge Jon S. Tigar on March 19, 2018. (wsn, COURT STAFF) (Filed on 3/19/2018)

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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 Plaintiffs 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 REGARDING
PROPOSED THIRD AMENDED
COMPLAINT; [PROPOSED] ORDER
THEREON

Plaintiffs,

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Case No. 15-cv-02277-JST

vs.
VIRGIN AMERICA, INC.; and Does 1-10,
inclusive;

Trial Date: May 14, 2018

Defendants.

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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.
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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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:
On October 16, 2017, the Parties entered into a stipulation in which it was agreed that “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.” Dkt. 201.
The Court entered an order on that stipulation on October 19. Id.
On February 21, 2018, pursuant to that stipulation, Plaintiffs filed their unopposed Motion
to File a Second Amended Complaint, naming Alaska Air Group, Inc. as a defendant and alleged
successor-in-interest. Dkt. 274.
On February 22, 2018, the Court granted the motion. Dkt. 275. That same day, Plaintiffs
filed their Second Amended Complaint. Dkt. 276.
On February 26, 2018, Defendant contacted Plaintiffs regarding the Second Amended
Complaint and stated to Plaintiffs that: (a) the flight attendants of Virgin America Inc. (including
the members of the certified Class in this case), became the employees of Alaska Airlines, Inc. on
December 16, 2017; and (b) the Single Operating Certificate issued by the Federal Aviation
Administration was issued to Virgin America Inc. and Alaska Airlines, Inc. See Dkt. 233.
Accordingly, Defendant stated that Alaska Airlines, Inc. should be substituted as the second
defendant in this case replacing Alaska Air Group, Inc., as a successor-in-interest to Virgin
America, Inc.

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

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Accordingly, the Parties hereby stipulate and agree that Alaska Airlines, Inc. should be
substituted in for Alaska Air Group, Inc. as a defendant as the alleged successor-in-interest. A
proposed Third Amended Complaint effecting that change is attached hereto as Exhibit A.
Nothing in the foregoing shall prejudice the rights of Alaska Airlines, Inc. in connection with any
response that it may make to the Third Amended Complaint or to defend against the allegations
therein. And nothing in the proposed complaint may be construed as expanding the scope of the
class and subclass as certified.
This stipulation is not a concession by Virgin America, Inc. as to what relief Plaintiffs
would be entitled to obtain from Alaska Airlines, Inc. if it is determined that Alaska Airlines, Inc.
is the successor in interest to Virgin America. This stipulation is only intended to allow the
substitution of Alaska Airlines, Inc. for Alaska Air Group, Inc. so that such allegations can be
properly litigated. As Plaintiffs indicated at the recent oral argument on Plaintiffs’ pending
Motion for Summary Judgment, that motion only places at issue Virgin’s liability and does not
address any issues of liability as to any other party to the action.

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Dated: March 15, 2018

By: /s/ Monique Olivier
Monique Olivier
Attorneys for Plaintiffs

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DUCKWORTH PETERS LEBOWITZ OLIVIER LLP

Dated: March 15, 2018

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

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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

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that the Parties’ Joint Stipulation is hereby adopted and entered as an Order of this Court.

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Plaintiffs shall file their Third Amended Complaint within five days of this Order.

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IT IS SO ORDERED.

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DATED: March 19, 2018

Jon S. Tigar
United States District Judge

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