Betorina et al v. Randstad US, L.P.

Filing 26

STIPULATION AND ORDER re 25 to Continue Case Management Conference filed by Randstad US, L.P. Case Management Statement due by 12/15/2016. Further Case Management Conference reset for 12/22/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 11/7/16. (bpfS, COURT STAFF) (Filed on 11/7/2016)

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1 2 3 4 5 BLUMENTHAL, NORDREHAUG & BHOWMIK Norman B. Blumenthal (SBN 068687) Kyle R. Nordrehaug (SBN 205975) Aparajit Bhowmik (SBN 248066) Molly A. DeSario (SBN 230763) Piya Mukherjee (SBN 274217) 2255 Calle Clara La Jolla, California 92037 Telephone: (858) 551-1223 Facsimile: (858) 551-21232 6 Attorneys for Plaintiffs 7 8 9 10 11 12 13 14 SEYFARTH SHAW LLP Andrew M. McNaught (SBN 209093) amcnaught@seyfarth.com Michael A. Wahlander (SBN 260781) mwahlander@seyfarth.com Duwayne A. Carr (SBN 299136) dacarr@seyfarth.com 560 Mission Street, 31st Floor San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 Attorneys for Defendant RANDSTAD US, L.P. 15 16 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 20 21 MARCUS BETORINA, JOSEPH DIAZ, and FRED BELL, individuals on behalf of themselves and on behalf of all persons similarly situated, 22 23 24 Plaintiffs, v. RANDSTAD US, L.P., a Limited Partnership; and Does 1 through 50, inclusive, Case No. 3:15-CV-03646-EMC STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Date: Time: Dept.: November 10, 2016 10:30 a.m. Ctrm. 5 25 Defendant. 26 27 28 Plaintiffs Marcus Betorina, Joseph Diaz, and Fred Bell (“Plaintiffs”) and Defendant Randstad US, L.P. (“Randstad”) (collectively “the Parties”), by and through their respective counsel, stipulate as STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE / CASE NO. 3:15CV-03646-EMC 1 follows: 2 1. On August 8, 2016, the Parties attended a mediation and reached an agreement to resolve 3 this matter. They memorialized this agreement in a memorandum of understanding in which the Parties 4 agreed to enter into a long-form settlement agreement. 5 2. Since then, the Parties have been working to finalize the long-form settlement agreement. 6 The Parties have not yet finalized that settlement due to counsels’ schedules and the Parties’ desire to 7 present the Court with a long-form agreement sufficient for preliminary approval, which includes a 8 mechanism for class members to opt-into settlement of FLSA claim, which will be asserted in a 9 proposed amended complaint, for settlement purposes only, prepared by Plaintiffs’ counsel. 10 11 3. A case management conference in this case is currently scheduled for November 10, 4. Since the Parties need to finalize their agreement before Plaintiffs file the preliminary 2016. 12 13 approval papers, which would be the main topic of discussion at the upcoming case management 14 conference, the Parties request that the Court continue the case management conference for thirty days 15 or another date that the Court deems appropriate. The Parties believe that will allow them sufficient 16 time to finalize the long-form settlement agreement so that a motion for preliminary approval can be 17 filed. 18 19 IT IS SO STIPULATED. DATED: November 3, 2016 Respectfully submitted, 20 BLUMENTHAL, NORDREHAUG & BHOWMIK 21 22 By: /s/ Kyle R. Nordrehaug Norman B. Blumenthal Kyle R. Nordrehaug Aparajit Bhowmik Piya Mukherjee 23 24 25 Attorneys for Plaintiff MARCUS BETORINA, JOSEPH DIAZ and FRED BELL 26 27 28 2 STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE / CASE NO. 3:15CV-03646-EMC 1 DATED: November 3, 2016 Respectfully submitted, 2 SEYFARTH SHAW LLP 3 4 By: /s/ Michael A. Wahlander Andrew M. McNaught Michael A. Wahlander Duwayne A. Carr 5 6 Attorneys for Defendant RANDSTAD US, L.P. 7 8 ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3) 9 10 I, Michael A. Wahlander, attest that concurrence in the filing of this stipulation has been 11 obtained from the signatory, Kyle Nordrehaug, counsel for Plaintiff. 12 DATED: November 3, 2016 13 By: /s/ Michael A. Wahlander Michael A. Wahlander 14 15 [PROPOSED ORDER] 16 Pursuant to the Parties’ stipulation and good cause appearing therefore, the Court orders as 12/22 The Case Management Conference is reset for _____________________, 2016. DATED: ____________, 2016 UNIT ED S 11/7 Hon. Edward M. Chen United States District Court Judge RED Northern DistrictDECalifornia SO OR of IS 22 23 35676618v.1 IT 24 NO 25 RT dward Judge E ER H 26 DIFIED AS MO 27 R NIA 21 S DISTRICT TE C TA ________________________________ IT IS SO ORDERED. RT U O 20 n M. Che FO 19 The Case Management Conference currently scheduled for November 10, 2016 is VACATED. LI 18 follows: A 17 N F D IS T IC T O R C 28 3 STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE / CASE NO. 3:15CV-03646-EMC

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