Acosta v. TForce Final Mile, LLC et al

Filing 77

STIPULATION AND ORDER RE 75 to Modify Case Schedule AS MODIFIED BY THE COURT. Case Management Statement due by 2/13/2020. Further Case Management Conference set for 2/20/2020 AT 10:00 AM in San Francisco, Courtroom 03, 17th Floor. Jury Selecti on/Trial set for 8/24/2020 at 09:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Richard Seeborg. Pretrial Conference set for 8/5/2020 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 10/7/19. (cl, COURT STAFF) (Filed on 10/7/2019)

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JANET M. HEROLD, Regional Solicitor
BORIS ORLOV, Senior Trial Attorney (CA #223532)
KATHERINE E. CAMERON, Trial Attorney (WA #41777)
UNITED STATES DEPARTMENT OF LABOR
Office of the Solicitor
300 Fifth Avenue, Suite 1120
Seattle, WA 98104
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Eugene Scalia, Secretary,
United States Department of Labor

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUGENE SCALIA, Secretary of Labor,
UNITED STATES DEPARTMENT OF
LABOR, 1
Plaintiff,

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Case No. 3:17-cv-06624 RS-SK
ORDER
STIPULATION TO MODIFY CASE
SCHEDULE AS MODIFIED BY THE COURT
Complaint Filed: November 16, 2017
Trial Date:
April 27, 2020

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

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Eugene Scalia was appointed Secretary of Labor effective September 30, 2019. Pursuant to Fed. R. Civ. P. 25(d) the
caption has been changed to reflect the appointment

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STIPULATION TO MODIFY CASE SCHEDULE

Case No. 3:17-cv-06624 RS-SK

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Plaintiff EUGENE SCALIA, Secretary of Labor, UNITED STATES DEPARTMENT OF
LABOR (“Plaintiff”) and Defendants TFORCE FINAL MILE WEST LLC (“TForce”) and ON

3 COURIER 365, INC. (“OC 365”) (collectively, “the Parties”), submit this stipulated request for the
4 Court to modify the schedule for good cause under Rule 16(b)(4). Good cause to modify the case
5 schedule exists, for the following reasons:
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1.

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

7 Court. ECF 1.
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On March 22, 2018, the Court entered a Scheduling Order, following the initial
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Case Management Conference. ECF 40. The Order set trial for October 21, 2019. Id.
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3.
On October 17, 2018, Magistrate Judge Kim issued an order resolving various
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disputes between Plaintiff and Defendant TForce regarding the scope of discovery in this case.
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ECF 51. On November 8, 2018, the Court issued an order denying Defendant TForce’s Motion
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for Relief from Nondispositive Pretrial Order relating to one portion of Magistrate Judge Kim’s
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October 17, 2018 discovery order. ECF 56.
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4.
On January 31, 2019, the Parties submitted a stipulated request to modify the case
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schedule in order to accommodate Plaintiff’s review of approximately 50,000 documents TForce
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had produced in discovery. ECF 30. That same day, the Court granted the stipulation, continued
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the trial to February 3, 2020, and modified the pre-trial and discovery deadlines accordingly.
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ECF 31.
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5.
On July 11, 2019, the Parties submitted a stipulated request to modify the case
20 schedule in order to allow for production and review of a large volume of ESI containing delivery
21 and payment details for hundreds of drivers at issue in this case. ECF 68. The Court granted the
22 stipulation, continued the trial to April 27, 2020, and modified the pre-trial and discovery
23 deadlines accordingly. ECF 69. In a separate order, the Court scheduled a Case Management
24 Conference for January 16, 2020. ECF 71.
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6.

On September 26, 2019, and after several months of good faith collaboration

26 among the Parties, Defendant TForce produced the large volume (over 1 million lines) of ESI
27 data. After preliminary review, Plaintiff believe that significant amount of time is necessary to
28 process and analyze the data to estimate the damages in this case. It is the Plaintiff’s position that
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STIPULATION TO MODIFY CASE SCHEDULE

Case No. 3:17-cv-06624 RS-SK

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because Defendants did not keep a record of hours worked, work hours in part have to be

2 reconstructed from the dates and times drivers made deliveries. In addition, Plaintiff served a
3 subpoena on a third party, Google, LLC, for ESI delivery detail data for a period of time in which
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Defendants have represented that the ESI delivery data is not in their possession, custody, or

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control. The Parties believe that significant amount of time is necessary for all Parties to process

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and analyze this additional data. The current Settlement Conference date, discovery cutoff and

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expert disclosure deadlines leave insufficient time for them to complete this and other discovery

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in time for expert analysis. Thus, good cause exists to modify the schedule.
7.

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

Conference with Magistrate Judge Kandis Westmore. The Parties are not able to meaningfully
participate in the settlement conference without first completing preliminary damages
assessments, and they are not currently in a position to complete these assessments. Further, if
the Parties are able to resolve their dispute at the Settlement Conference, they will avoid the
substantial expense associated with expert reports and depositions. Thus, the Parties wish to set
the expert disclosure deadline after the Settlement Conference, and continue the trial and pre-trial
dates accordingly.
NOW, THEREFORE, the Parties hereby stipulate and request that the Court modify the
schedule to reflect the following dates:
a. Settlement Conference on or before January 31, 2020, based on Magistrate Judge
Westmore’s schedule.
b. Case Management Conference currently set for January 16, 2020, will be continued
to a date convenient for the Court. February 20, 2020.

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c. On or before March 2, 2020, the parties shall designate experts.

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d. On or before April 2, 2020, the parties shall designate their supplemental and

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rebuttal experts.

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e. On or before April 10, 2020, the Parties shall complete all non-expert discovery.

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f. On or before May 1, 2020, the parties shall complete all discovery of expert

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witnesses.
g. All pretrial motions shall be heard no later than June 11, 2020, or as soon thereafter
as the Court is available.

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STIPULATION TO MODIFY CASE SCHEDULE

Case No. 3:17-cv-06624 RS-SK

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h. The final pretrial conference shall be held on August 5, 2020, or as soon thereafter
as the Court is available.
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i. Trial shall commence on a date set by the Court on or after August 31, 2020, or as
soon thereafter as the Court is available.

5 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: __________________
10/7/19

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_________________________________
RICHARD SEEBORG
United States District Judge

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10 Respectfully submitted,
DATE: October 4, 2019
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s/ Katherine E. Cameron
KATHERINE E.
CAMERON
U.S. Department 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.

Attorneys for the
Secretary of Labor

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 RS-SK