Slade v. LMS Intellibound, LLC et al

Filing 23

STIPULATION AND ORDER re 22 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference and Associated Deadlines; Declaration of Eric A. Grover in Support Thereof filed by Joseph Slade. Case Management Statement due by 10/8/2018. Initial Case Management Conference set for 10/17/2018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor. Signed by Judge Jon S. Tigar on July 23, 2018. (wsn, COURT STAFF) (Filed on 7/23/2018)

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ERIC A. GROVER (SBN 136080)
[e-mail]
ROBERT W. SPENCER (SBN 238491)
[e-mail]
KELLER GROVER LLP
1965 Market Street
San Francisco, California 94103
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Joseph Slade

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JOSEPH SLADE, as an individual and on
behalf of all others of similarly situated,

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES DISTRICT COURT

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Plaintiffs,
v.
LMS INTELLIBOUND, LLC; CAPSTONE
LOGISTICS, LLC; and DOES 1 through 10,
inclusive,
Defendants.

) Case No: 18-cv-00119-JST
)
~ CLASS ACTION
)

) STIPULATION AND [PROPOSED]
) ORDER TO CONTINUE CASE
)) MANAGEMENT CONFERENCE AND
ASSOCIATED DEADLINES;
)) DECLARATION OF ERIC A. GROVER
) IN SUPPORT THEREOF

~ [Local Rule 6-2]

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STIP AND [PROPOSED] ORDER RE
CONTINUING CMC

CASE NO. 18-CV-001119-JST

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The parties, Plaintiff Joseph Slade ("Plaintiff') and Defendants LMS Intellibound, LLC

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and Capstone Logistics, LLC ("Defendants"), through their respective counsel, hereby stipulate

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as follows:

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WHEREAS, the Court has scheduled a case management conference for August 1, 2018;

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WHEREAS, the parties are scheduled to file a joint Rule 26(f) Report and joint case

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management statement by July 23, 2018;

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Capstone Logistics, LLC and Pinnacle Worliforce Logistics, L.L. C., Santa Clara County Superior

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LLC and a related company, Pinnacle Workforce Logistics, L.L.C., in state court [Tapia v.

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WHEREAS, there are two other cases pending against Defendant Capstone Logistics,

Court Case No. 17cv319864 and Gomez and Lopez v. Pinnacle Worliforce Logistics, L.L. C., San

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Bernardino County Superior Court Case No. CIVDS 1804163].

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WHEREAS, the parties in all three cases participated in an ali-day mediation session on

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July 13,2018 with respected mediator Hunter R. Hughes, Esq.;
WHEREAS, on July 18, 2018, the parties in all three cases reached an agreement in

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principle and are discussing the terms of a settlement; and

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WHEREAS, the parties have met and conferred through counsel and have agreed to the

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schedule set forth below:
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The case management conference shall be continued from August 1, 2018 to

September 19, 2018, or a date thereafter convenient to the Court. October 17, 2018
2.

The deadline for the parties to file a joint case management statement shall be
ten

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continued to nine days before the continued date for the case management conference.
3.

The deadline for the parties to file a joint Rule 26(f) Report and complete initial

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disclosures is stayed pending the case management conference, wherein new deadlines shall be

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set unless a motion for preliminary approval has been filed.

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IT IS SO STIPULATED.

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STIP AND [PROPOSED] ORDER RE
CONTINUING CMC

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CASE NO. 18-CV-00119-JST

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Dated: July 23,2018

KELLER GROVER LLP

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tJuwe!

By: /s/ &~ rf,
ERIC A. GROVER
Attorneys for Plaintiff

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Dated: July 23, 2018

SEYFARTH SHAW LLP

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By: /s/ &~ &. 'lldt
ERIC E. HILL
Attorneys for Defendants

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STIP AND [PROPOSED) ORDER RE
CONTINUING CMC

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CASE NO. 18-CV-00119-JST

Attestation Pursuant to Civil Local Rule 5-l(i)

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Pursuant to Civil Local Rule 5-1 (i), I, Robert Spencer, hereby attest that I have obtained
the concurrence in the filing of this document from the signatory to this document.
I declare under penalty of perjury under the law of the United States that the foregoing is
true and correct. Executed this 23rd day of July 2018 in San Francisco, California.

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/s/ 'Rodetzt s~
Robert Spencer

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STIP AND [PROPOSED] ORDER RE
CONTINUING CMC

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CASE NO. 18-CV-00119-JST

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS ORDERED, that the case management conference
October _
is continued from August 1, 2018 to _ _ _17 _ _ , 2018 at 2:00p.m. The parties shall file a
October 8
joint case management statement by _ _ _ _ _ , 2018 . The parties' deadline to file a joint

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Rule 26(f) Report and complete initial disclosures is stayed and new deadlines shall be set at the
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case management conference unless a motion for preliminary approval has been filed.

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July 23, 2018

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Dated:

HON. JON S. TIGAR
UNITED STATES DISTRICT JUDGE

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STIP AND [PROPOSED] ORDER RE
CONTINUING CMC

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CASE NO. 18-CV-00119-JST

DECLARATION OF ERIC A. GROVER
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I, Eric A. Grover, hereby declare:

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1.

I am an attorney duly admitted to the practice of law in the State of California and

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before this Court. I am a partner in the law firm Keller Grover LLP, counsel for Plaintiff Joseph

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Slade in this action. I have personal knowledge of the facts stated herein and, if called as a

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witness, I could and would testify competently to the facts set forth below.

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2.

A case management conference is scheduled for August 1, 2018. The parties are

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scheduled to file a joint Rule 26(±) report and file a joint case management conference statement

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and initial disclosures by July 23 , 2018.
3.

There are two other cases pending against Defendant Capstone Logistics, LLC and

a related company, Pinnacle Workforce Logistics, L.L.C., in state court [Tapia v. Capstone

Logistics, LLC and Pinnacle Worliforce Logistics, L.L.C., Santa Clara County Superior Court
Case No. 17cv319864 and Gomez and Lopez v. Pinnacle Worliforce Logistics, L.L. C., San
Bernardino County Superior Court Case No. CIVDS1804163]. The parties in all three cases
participated in an ali-day mediation scheduled for July 13 , 2018 with respected mediator Hunter
R. Hughes, Esq.

The parties for all three cases reached an agreement in principle and are

working on a formal settlement agreement.
4.

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The parties met and conferred through counsel regarding continuing the case

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management conference and associated deadlines in light of the successful mediation and have

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agreed to continue the case management conference from August 1, 2018 to September 19, 2018

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or a date thereafter convenient to the Court. The parties have likewise agreed to move the

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deadlines to file a joint case management conference statement to nine days before the new date

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for the case management conference. The parties have agreed that the deadline to file a joint

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Rule 26(t) report and complete initial disclosures should be stayed. New deadlines shall be set at

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the case management conference unless a motion for preliminary approval has been filed.

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II
STIP AND [PROPOSED) ORDER RE
CONTINUING CMC

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CASE NO. 18-CV-00119-JST

I declare, under penalty of perjury, under the laws of the United States and the State of
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California, that the foregoing is true and correct. Executed this 23rd day of July 2018, at San

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Francisco, California.

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!si&~ZkA. ~
ERIC A. GROVER

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STIP AND [PROPOSED] ORDER RE
CONTINUING CMC

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CASE NO. 18-CV-00119-JST