Betorina et al v. Randstad US, L.P.
Filing
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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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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
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Attorneys for Plaintiffs
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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.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MARCUS BETORINA, JOSEPH DIAZ, and
FRED BELL, individuals on behalf of themselves
and on behalf of all persons similarly situated,
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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
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Defendant.
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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
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follows:
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1.
On August 8, 2016, the Parties attended a mediation and reached an agreement to resolve
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this matter. They memorialized this agreement in a memorandum of understanding in which the Parties
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agreed to enter into a long-form settlement agreement.
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2.
Since then, the Parties have been working to finalize the long-form settlement agreement.
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The Parties have not yet finalized that settlement due to counsels’ schedules and the Parties’ desire to
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present the Court with a long-form agreement sufficient for preliminary approval, which includes a
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mechanism for class members to opt-into settlement of FLSA claim, which will be asserted in a
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proposed amended complaint, for settlement purposes only, prepared by Plaintiffs’ counsel.
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3.
A case management conference in this case is currently scheduled for November 10,
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Since the Parties need to finalize their agreement before Plaintiffs file the preliminary
2016.
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approval papers, which would be the main topic of discussion at the upcoming case management
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conference, the Parties request that the Court continue the case management conference for thirty days
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or another date that the Court deems appropriate. The Parties believe that will allow them sufficient
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time to finalize the long-form settlement agreement so that a motion for preliminary approval can be
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filed.
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IT IS SO STIPULATED.
DATED: November 3, 2016
Respectfully submitted,
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BLUMENTHAL, NORDREHAUG &
BHOWMIK
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By: /s/ Kyle R. Nordrehaug
Norman B. Blumenthal
Kyle R. Nordrehaug
Aparajit Bhowmik
Piya Mukherjee
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Attorneys for Plaintiff
MARCUS BETORINA, JOSEPH DIAZ and
FRED BELL
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STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE / CASE NO. 3:15CV-03646-EMC
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DATED: November 3, 2016
Respectfully submitted,
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SEYFARTH SHAW LLP
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By: /s/ Michael A. Wahlander
Andrew M. McNaught
Michael A. Wahlander
Duwayne A. Carr
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Attorneys for Defendant
RANDSTAD US, L.P.
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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
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I, Michael A. Wahlander, attest that concurrence in the filing of this stipulation has been
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obtained from the signatory, Kyle Nordrehaug, counsel for Plaintiff.
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DATED: November 3, 2016
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By:
/s/ Michael A. Wahlander
Michael A. Wahlander
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[PROPOSED ORDER]
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Pursuant to the Parties’ stipulation and good cause appearing therefore, the Court orders as
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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
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NO
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dward
Judge E
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DIFIED
AS MO
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R NIA
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S DISTRICT
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TA
________________________________
IT IS SO ORDERED.
RT
U
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n
M. Che
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The Case Management Conference currently scheduled for November 10, 2016 is VACATED.
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follows:
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D IS T IC T O
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STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE / CASE NO. 3:15CV-03646-EMC
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