Betorina et al v. Randstad US, L.P.
Filing
28
STIPULATION AND ORDER re 27 to Continue Case Management Conference filed by Randstad US, L.P. Case Management Statement due by 1/26/2017. Further Case Management Conference set for 2/2/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen(bpf, COURT STAFF) (Filed on 12/20/2016)
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.:
December 22, 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
2
follows:
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
3.
A case management conference (“CMC”) in this case is currently scheduled for
11
December 22, 2016. The Court continued the previous CMC to allow the Parties additional time to
12
finish reducing their agreement to writing. Since the continuance, the Parties have been working
13
together to finalize their agreement. The Parties are nearly finished with the agreement, but are not yet
14
done. The Parties still believe that they will be able to reduce their agreement in writing.
15
4.
Since the Parties need to finalize their agreement before Plaintiffs file the preliminary
16
approval papers, which would be the main topic of discussion at the upcoming CMC, the Parties request
17
that the Court continue the case management conference for thirty days or another date that the Court
18
deems appropriate. The Parties believe that will allow them sufficient time to finalize the long-form
19
settlement agreement so that a motion for preliminary approval can be filed.
20
21
IT IS SO STIPULATED.
DATED: December 14, 2016
Respectfully submitted,
22
BLUMENTHAL, NORDREHAUG &
BHOWMIK
23
BY: /s/ Kyle R. Nordrehaug
Norman B. Blumenthal
Kyle R. Nordrehaug
Aparajit Bhowmik
Piya Mukherjee
24
25
26
Attorneys for Plaintiff
MARCUS BETORINA, JOSEPH DIAZ and
FRED BELL
27
28
2
STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE / CASE NO. 3:15CV-03646-EMC
1
DATED: December 14, 2016
Respectfully submitted,
2
SEYFARTH SHAW LLP
3
BY: /s/ Michael A. Wahlander
Andrew M. McNaught
Michael A. Wahlander
Duwayne A. Carr
4
5
Attorneys for Defendant
RANDSTAD US, L.P.
6
7
ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
8
9
I, Michael A. Wahlander, attest that concurrence in the filing of this stipulation has been
10
obtained from the signatory, Kyle Nordrehaug, counsel for Plaintiff.
11
DATED: December 14, 2016
By:
/s/ Michael A. Wahlander
Michael A. Wahlander
12
13
14
[PROPOSED ORDER]
15
Pursuant to the Parties’ stipulation and good cause appearing therefore, the Court orders as
16
17
follows:
The Case Management Conference currently scheduled for December 22, 2016 is VACATED.
18
2/2
The Case Management Conference is reset for _____________________, 2017. A Joint Case
19
1/26
Management Conference Statement is due on ______________________, 2017.
24
RT
dward
Judge E
ER
H
26
NO
25
IT I
DIFIED
AS MO
27
R NIA
36216539v.1
n
M. Che
A
23
Hon. Edward M. Chen
United States District Court Judge
RED
NorthernDE
SO OR District of California
S
FO
22
S DISTRICT
TE
C
TA ________________________________
LI
12/20
DATED: ____________, 2016
UNIT
ED
21
S
IT IS SO ORDERED.
RT
U
O
20
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?