Haralson v. U.S. Aviation Services Corp. et al

Filing 47

STIPULATION AND ORDER re 46 STIPULATION WITH PROPOSED ORDER COMPELLING THE PRODUCTION OF A CLASS LIST filed by U.S. Aviation Services Corp. Signed by Judge Jon S. Tigar on June 19, 2017. (wsn, COURT STAFF) (Filed on 6/19/2017)

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SETAREH LAW GROUP
Shaun Setareh (SBN 204514)
[e-mail]
Thomas Segal (SBN 222791)
[e-mail]
H. Scott Leviant (SBN 200834)
[e-mail]
9454 Wilshire Boulevard, Suite 907
Beverly Hills, California 90212
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiff
JAMES HARALSON

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VEDDER PRICE (CA), LLP
Brendan Dolan (SBN 126732)
[e-mail]
Christopher A. Braham (293367)
[e-mail]
275 Battery Street, Suite 2464
San Francisco, California 94111
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Defendant
U.S. AVIATION SERVICES CORP.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES HARALSON, on behalf of himself and
others similarly situated,

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Plaintiff,
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v.
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PLAINTIFF JAMES HARALSON’S
AND DEFENDANT U.S. AVIATION
SERVICES CORP.’S STIPULATION
FOR AN ORDER COMPELLING THE
PRODUCTION OF A CLASS LIST

U.S. AVIATION SERVICES CORP., a Nevada
corporation; UNITED AIRLINES, INC., a
Delaware corporation; and DOES 1-50,
inclusive,

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Case No. 3:16-cv-05207

Defendants.

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STIPULATION FOR AN ORDER
COMPELLING THE PRODUCTION OF A
CLASS LIST

VEDDER PRICE (CA), LLP
ATTORNEYS AT LAW
LOS ANGELES

LOS_ANGELES/#27415.3

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IT IS HEREBY STIPULATED by and between Plaintiff James Haralson (“Plaintiff”) and

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Defendant U.S. Aviation Services Corp. (“U.S. Aviation”) (collectively the “Parties”) by and

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through their respective counsel of record, that:

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WHEREAS, on December 7, 2016, Plaintiff propounded an Interrogatory on U.S.

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Aviation requesting it to provide the name, mailing address, cellular telephone number, email

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address and job title for each putative class member (hereafter known as a request for a “Class

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List”);

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WHEREAS, on April 4, 2017, U.S. Aviation objected to Plaintiff’s Interrogatory

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primarily on the grounds that such a request for a Class List is premature prior to Plaintiff

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satisfying his prima facie burden showing that the Federal Rule of Civil Procedure 23 class action

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requirements are met and the dissemination of a Class List violates the privacy rights of U.S.

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Aviation former and current employees;

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WHEREAS, on April 11, 2017, Plaintiff sent U.S. Aviation a meet and confer letter
arguing its position as to why U.S. Aviation’s initial discovery response was deficient;

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WHEREAS, on April 28, 2017, after the Parties engaged in good faith meet and confer

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discussions, and based on the legal authorities presented by Plaintiff U.S. Aviation agreed to

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produce the requested Class List subject to an Order from this Court requiring it do so;

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THEREFORE, the parties hereby stipulate and jointly request that the Court enter this

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Order requiring U.S. Aviation to produce a Class List and instructing Plaintiff’s counsel to protect

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the privacy interest of putative class members as follows:

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1.

U.S. Aviation is required to produce the name, last known mailing address, last

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known cellular telephone number if in possession of U.S. Aviation, last known

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personal email address if in possession of U.S. Aviation and last known job title

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held at U.S. Aviation for each putative class member, with putative class member

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defined as all persons employed by Defendant U.S. Aviation Services Corp. in

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hourly paid or non-exempt positions as aircraft cleaners in California since

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September 9, 2012;

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VEDDER PRICE (CA), LLP

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ATTORNEYS AT LAW
LOS ANGELES

LOS_ANGELES/#27415.3

STIPULATION FOR AN ORDER
COMPELLING THE PRODUCTION OF A
CLASS LIST

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Unless the Parties agree to a different date, the deadline for U.S. Aviation to

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produce the Class List shall be within thirty (30) days of the entry of this Court’s

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order;

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3.

Plaintiff’s counsel must inform each putative class member that Plaintiff’s counsel

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contacts that he or she has a right not to talk to Plaintiff’s counsel and that, if he or

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she declines to talk with Plaintiff’s counsel, Plaintiff’s counsel will immediately

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terminate the conversation and will not contact that individual again.

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Dated: June 15, 2017

SETAREH LAW GROUP

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By: /s/ H. Scott Leviant
Shaun Setareh
Thomas Segal
H. Scott Leviant

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Attorneys for Plaintiff
JAMES HARALSON

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Dated: June 15, 2017

VEDDER PRICE (CA), LLP

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By: /s/ Christopher A. Braham
Brendan Dolan
Christopher A. Braham

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Attorneys for Defendant
U.S. AVIATION SERVICES, CORP.

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ORDER

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Good cause appearing therefor, IT IS SO ORDERED.

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June 19, 2017
Dated: __________________________

THE HONORABLE JON S. TIGAR

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VEDDER PRICE (CA), LLP

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ATTORNEYS AT LAW
LOS ANGELES

LOS_ANGELES/#27415.3

STIPULATION FOR AN ORDER
COMPELLING THE PRODUCTION OF A
CLASS LIST

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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
I, Christopher A. Braham, attest that concurrence in the filing of this stipulation has been
obtained from all signatories.
Executed this 15th day of June 2017, in Los Angeles, California.

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/s/ Christopher A. Braham
Christopher A. Braham

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VEDDER PRICE (CA), LLP

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ATTORNEYS AT LAW
LOS ANGELES

LOS_ANGELES/#27415.3

STIPULATION FOR AN ORDER
COMPELLING THE PRODUCTION OF A
CLASS LIST