Acosta v. TForce Final Mile, LLC et al

Filing 69

STIPULATION AND ORDER RE 68 to Modify Case Schedule filed by TForce Final Mile, LLC. Jury Selection/Trial set for 4/27/2020 at 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Pretrial Conference set for 4/1/2020 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 7/15/19. (cl, COURT STAFF) (Filed on 7/15/2019)

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DOUGLAS J. FARMER, CA Bar No. 139646
[e-mail]
BRIAN D. BERRY, CA Bar No. 229893
[e-mail]
JASON P. BROWN, CA Bar No. 266472
[e-mail]
JONATHAN W. BLACK, CA Bar No. 280421
[e-mail]
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870

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Attorneys for Defendant
TFORCE FINAL MILE WEST LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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R. ALEXANDER ACOSTA, Secretary of
Labor, UNITED STATES DEPARTMENT
OF LABOR,

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Case No. 3:17-cv-06624 LB
STIPULATION TO MODIFY CASE
SCHEDULE

Plaintiff,
Complaint Filed: November 16, 2017
Trial Date:
February 3, 2020

vs.
TFORCE FINAL MILE WEST LLC, a
Delaware company; and ON COURIER 365,
INC., a California corporation,
Defendants.

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STIPULATION TO MODIFY CASE SCHEDULE

Case No. 3:17-cv-06624 LB

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Plaintiff R. ALEXANDER ACOSTA, Secretary of Labor, UNITED STATES

2 DEPARTMENT OF LABOR (“Plaintiff”) and Defendants TFORCE FINAL MILE WEST LLC
3 (“TForce”) and ON COURIER 365, INC. (“OC 365”) (collectively, “the Parties”), submit this
4 stipulated request for the Court to modify the schedule for good cause under Rule 16(b)(4). Good
5 cause to modify the case schedule exists, for the following reasons:
1.

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Court. ECF 1.
2.

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On November 16, 2017, Plaintiff initiated this lawsuit by filing a complaint in this

On March 22, 2018, the Court entered a Scheduling Order, following the initial Case

Management Conference. ECF 40. The Order set trial for October 21, 2019. Id.
3.

On January 31, 2019, the Parties submitted a stipulated request to modify the case

schedule in order to accommodate Plaintiff’s review of approximately 50,000 documents TForce
had produced in discovery. ECF 30. That same day, the Court granted the stipulation, continued
the trial to February 3, 2020, and modified the pre-trial and discovery deadlines accordingly. ECF
31.
4.

On May 23, 2019, Plaintiff took a Rule 30(b)(6) deposition of TForce regarding its

15 recordkeeping practices. Based on the deposition, the Parties have been actively engaged in a
16 cooperative effort to identify data elements and data samples that will facilitate the production of a
17 large volume of ESI containing delivery and payment details for hundreds of drivers at issue in this
18 case. Plaintiff believes this data is necessary for it to compute the damages it alleges are due as
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well as inform additional discovery. The Parties believe that the current discovery cutoff and expert

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disclosure deadline, August 16, 2019, leave insufficient time for them to complete this and other

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discovery in time for expert analysis. Thus, good cause exists to modify the schedule.

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5.

Currently, the Parties are set to appear on October 28, 2019, at a Settlement

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Conference with Magistrate Judge Kandis Westmore. If the Parties are able to resolve their dispute

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at the Settlement Conference, they will avoid the substantial expense associated with expert reports

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and depositions. Thus, the Parties wish to set the expert disclosure deadline after the Settlement
Conference.
NOW, THEREFORE, the Parties hereby stipulate and request that the Court modify the
schedule to reflect the following dates:
a. On or before November 25, 2019, the parties shall designate experts.
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STIPULATION TO MODIFY CASE SCHEDULE

Case No. 3:17-cv-06624 LB

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b. On or before December 19, 2019, the parties shall designate their
supplemental and rebuttal experts.

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c. On or before January 13, 2020, the parties shall complete all discovery of

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expert witnesses.

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d. On or before January 13, 2020, the Parties shall complete all non-expert

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discovery.

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e. All pretrial motions shall be heard no later than February 20, 2020, or as

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soon thereafter as the Court is available.

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f. The final pretrial conference shall be held on April 1, 2020, or as soon

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thereafter as the Court is available.

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g. Trial shall commence on a date set by the Court on or after April 27, 2020,
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or as soon thereafter as the Court is available.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: __________________
7/15/19

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_________________________________
RICHARD SEEBORG
United States District Judge

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Respectfully submitted,
DATE: July 12, 2019

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s/ Boris Orlov
BORIS ORLOV
U.S. DOL
Attorneys for the
Secretary of Labor

s/ Ellen Arabian-Lee
ELLEN C. ARABIANLEE
Arabian-Lee Law Corp.

s/ Brian Berry
BRIAN D. BERRY
Ogletree Deakins Nash Smoak
& Stewart, P.C.

Attorney for Defendant
On Courier 365, Inc.

Attorney for Defendant
TForce Final Mile West, LLC

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STIPULATION TO MODIFY CASE SCHEDULE

Case No. 3:17-cv-06624 LB