Acosta v. TForce Final Mile, LLC et al

Filing 79

ORDER by Judge Kandis A. Westmore Granting 78 Stipulation to Continue Date of Settlement Conference.Settlement Conference set for 1/13/2020 11:00 AM. (ndrS, COURT STAFF) (Filed on 10/18/2019)

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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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v.

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Case No. 3:17-cv-06624 RS-SK
STIPULATION TO CONTINUE DATE OF
SETTLEMENT CONFERENCE ; ORDER
Complaint Filed: November 16, 2017
Trial Date:
August 24, 2020

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

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Plaintiff SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR

21 (“Secretary”), and Defendants TFORCE FINAL MILE WEST LLC (“TForce”) and ON COURIER
22 365, INC. (“OC 365”) (collectively, “the parties”), stipulate as follows:
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WHEREAS, on October 7, 2019, the Court entered a stipulated order modifying the

24 scheduling order and continuing the trial date. ECF 77;
2.

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WHEREAS, per the October 7 order, the settlement conference with Magistrate

26 Judge Westmore scheduled for October 28, 2019, shall be continued to a mutually-convenient date
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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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Case No. 3:17-cv-06624 RS-SK
STIPULATION TO CONTINUE DATE OF SETTLEMENT CONFERENCE

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on or before January 31, 2020;
3.

WHEREAS, the parties have met and conferred on a mutually-convenient dates to

reschedule the settlement conference;

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NOW, THEREFORE, the Parties hereby stipulate and request an order as follows:

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4.

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The settlement conference date shall be continued to a date in January 2020. Parties

are not available on the following dates: January 1-3, 6-9, 15, 17, 23-24, 27-31.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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January 13, 2020
The Settlement Conference shall be continued to ______________.at 11 a.m.

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DATED: __________________
10/18/2019

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HON. KANDIS WESTMORE
UNITED STATES MAGISTRATE JUDGE

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______________________________

Respectfully submitted,
DATE: October 10, 2019
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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Case No. 3:17-cv-06624 RS-SK
STIPULATION TO CONTINUE DATE OF SETTLEMENT CONFERENCE