Acosta v. TForce Final Mile, LLC et al

Filing 90

ORDER by Judge Kandis A. Westmore. Granting Second 88 Stipulation to Extend Time to Finalize Conditional Settlement. (ndrS, COURT STAFF) (Filed on 2/5/2020) Modified on 2/5/2020 to add Mag Judge KAW and remove Judge HSG. (ndrS, COURT STAFF).

ELLEN C. ARABIAN-LEE, SBN 151615
ARABIAN-LEE LAW CORPORATION
1731 East Roseville Parkway, Suite 150
Roseville, California 95661
Telephone [phone]
Facsimile [phone]
[e-mail]
SCOTT T. SHIBAYAMA, SBN 173571
VISION LAW® CORPORATION
1380 Lead Hill Boulevard, Suite 106
Roseville, CA 95661
Telephone [phone]
Facsimile [phone]
[e-mail]
Attorneys for Defendant,
ON COURIER 365, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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

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

Case No. 3:17-cv-06624-RS
STIPULATION (SECOND) TO EXTEND
TIME TO FINALIZE CONDITIONAL
SETTLEMENT BETWEEN DEFENDANT
ON COURIER 365, INC. AND PLAINTIFF;
ORDER
Complaint Filed: November 16, 2017
Trial Date: August 24, 2020

Plaintiff SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR
(“Secretary”), and Defendant ON COURIER 365, INC. (“OC365”) (collectively “the

STIPULATION (SECOND) TO EXTEND TIME TO FINALIZE CONDITIONAL
SETTLEMENT BETWEEN DEFENDANT ON COURIER 365, INC. AND PLAINTIFF

Parties”), stipulate as follows:
1.

WHEREAS on January 13, 2020, the Parties attended a Settlement

Conference with Judge Kandis A. Westmore;
2.

WHEREAS a conditional settlement, subject to a written consent judgment,

was reached between the Plaintiff and Defendant OC 365;
3.

WHEREAS Judge Westmore’s subsequent report gave the parties until

January 21, 2020, to submit a written consent judgment (Dkt. 83);
4.

WHEREAS pursuant to stipulation between the parties, Judge Westmore

gave the parties an extension until February 4, 2020, to submit a written consent
judgment (Dkt. 85);
5.

WHEREAS the parties are still actively working on finalizing a consent

agreement, but need more time than originally planned due to issues that have arisen
since the settlement conference;
6.

WHEREAS the parties are requesting an additional two weeks, until

February 18, to file a consent judgment;
NOW THEREFORE, the Parties hereby stipulate and request an order as follows:
7.

That the time to file a written consent judgment in connection with the

conditional settlement agreement entered into between Plaintiff and Defendant On
Courier 365, Inc. is extended from February 4, 2020 to February 18, 2020.

STIPULATION (SECOND) TO EXTEND TIME TO FINALIZE CONDITIONAL
SETTLEMENT BETWEEN DEFENDANT ON COURIER 365, INC. AND PLAINTIFF

Respectfully submitted,

Dated:

February 4, 2020

ARABIAN-LEE LAW CORPORATION
By _/s/ Ellen C. Arabian-Lee____
ELLEN C. ARABIAN-LEE
Attorneys for Defendant
ON COURIER 365, INC.

Dated:

February 4, 2020

UNITED STATES DEPARTMENT OF LABOR
By _____/s/ Katherine E. Cameron____
KATHERINE E. CAMERON
Attorneys for Plaintiff
U.S. Department of Labor

PURSUANT TO STIPULATION, IT IS SO ORDERED:
The time to file a written consent judgment in connection with the conditional
settlement agreement entered into between Plaintiff and Defendant On Courier 365, Inc.
is extended from February 4, 2020 to February 18, 2020.

DATED: 2/5/2020

________________________________
HON. KANDIS WESTMORE
UNITED STATES MAGISTRATE JUDGE

STIPULATION (SECOND) TO EXTEND TIME TO FINALIZE CONDITIONAL
SETTLEMENT BETWEEN DEFENDANT ON COURIER 365, INC. AND PLAINTIFF