Slade v. LMS Intellibound, LLC et al

Filing 27

STIPULATION AND ORDER re 26 STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES; DECLARATION OF ROBERT SPENCER IN SUPPORT THEREOF filed by Joseph Slade. Case Management Statement due by 3/13/2019. Initial Case Management Conference set for 3/20/2019 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor. Signed by Judge Jon S. Tigar on December 12, 2018. (wsn, COURT STAFF) (Filed on 12/12/2018)

1
2

3
4
5
6

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

7
8
9
......

~

~

r.il

..q-.....,
0\

-<

~

0V")
()

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

.

~
ro

Plaintiffs,

13

V.

~~

~c "'l/")
Vlo
.._r<"J
(!)
(1)

......
•

r.il ..... ..q.... (")
....:l(/)V:
....:l Q)
r.il..!<:;;t
l/")

~til .
:::8Q:i
l/")f-<

\0

) Case No: 18-cv-00119-JST

)

) CLASS ACTION

12

V)l/")

T) c ..q-

Cj
~

11

t--

u....;
o ..q-

> "'
....

0

NORTHERN DISTRICT OF CALIFORNIA

10

(")

0

~
~

UNITED STATES DISTRICT COURT

14
15
16

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

)
)

)) STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
)) MANAGEMENT CONFERENCE AND
ASSOCIATED DEADLINES;
) DECLARATION OF ROBERT
~ SPENCER IN SUPPORT THEREOF

~ [Local Rule 6-2]

17

0\
......

18
19
20
21
22
23
24
25
26
27
28
STIP AND [PROPOSED] ORDER RE
CONTINUING CMC

CASE NO . 18-CV-001119-JST

The parties, Plaintiff Joseph Slade ("Plaintiff') and Defendants LMS Intellibound, LLC
2

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

3

as follows:
WHEREAS, the Court has scheduled a case management conference for December 19,

4
.5

2018;
WHEREAS, the parties are scheduled to file a joint case management statement by

6
7

December 12, 2018;

8

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

9

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

10

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

~

11

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

Ov-,

12

Bernardino County Superior Court Case No. CIVDS 1804163] .

t: 7:><
C<S

13

(')

0

......

~

7,.....

0\

~ <C r-~ u~ ,.<)
7

u
.
rJ)V)
j:.Ll "(3 ......

~

>

0

c

....
f-l...

f-l..

~t: -

~

j:.Ll

C<S

V)
iflo
~
~

<!)
<1)

......
•

14

July 13, 2018, with respected mediator Hunter R. Hughes, Esq.;

(')

.... (')

~7

.....:lifJV:
.....:l 0 ~

~

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

C<S

-c
::;s-v
C<S

7

16

principle and are finalizing the terms of a settlement;

•

v-, f-<

1.0

WHEREAS, on July 18, 2018, the parties in all three cases reached an agreement in

15

WHEREAS , the parties have agreed in principal to consolidate this action m San

17

0\

18

Bernardino Superior Court with the Gomez and Tapia actions;

19

WHEREAS , the parties are finalizing the settlement agreement and have reserved a

20

February 1, 2019 hearing date for the motion for preliminary approval in San Bernardino Superior

21

Court;

22
23
24
25
26
27

WHEREAS, upon receiving an order granting preliminary approval the parties will seek
to stay this matter pending the completion of the settlement process;
WHEREAS , the parties have met and conferred through counsel and have agreed to the
schedule set forth below:
1.

The case management conference shall be continued from December 19, 2018 to

February 13, 2019, or a date thereafter convenient to the Court.

28
STIP AND [PROPOSED] ORDER RE
CONTINUING CMC

CASE NO. 18-CV-00119-JST

2.
2
3

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

continued to seven days before the continued date for the case management conference.
IT IS SO STIPULATED.

4
Dated: December 12,2018

KELLER GROVER LLP

5

6

By: /s/ iii:~ "Jf/. S~
ERIC A. GROVER
ROBERT W. SPENCER
Attorneys for Plaintiff

7

8

9
Dated: December 12,2018

SEYFARTH SHAW LLP

By: /s/ &'tk &. '71ift
ERIC E. HILL
Attorneys for Defendants

18
19
20
21
22
23

24
25

26
27

28
STIP AND [PROPOSED] ORDER RE
CONTINUING CMC

2

CASE NO. 18-CV-00119-JST

1
2
3
4
5

Attestation Pursuant to Civil Local Rule 5-l(i)
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 12th day of December 2018 in San Francisco, California.

6
/s/ i!:oktzt S/te#Wt
Robert Spencer

7
8
9
10

M

0
,.....
"<~",......

~ "'~

11

~ Ur-1
· "<I"

12

~ ~ r~

~

0V)

(.).

VJV)

"{)

......

> ::::"'~"
"'

0 ~~
.... "'
~:::: C) V l o
"'V)
~

~

13
14

.....r

M
0 ......
0
.
.._M

..... "'"

15

....:lVJV:
....:l v ~

16

~ V)f-<
~~

17

~~"'"
\.0

"'

18
19
20
21
22
23
24
25
26
27
28
STIP AND [PROPOSED] ORDER RE
CONTINUING CMC

3

CASE NO. 18-CV-00119-JST

[PROPOSED] ORDER

2
3

PURSUANT TO STIPULATION, IT IS ORDERED, that the case management conference

4

March __
is continued from December 19,2018 to _ _ _20 _ _, 2019 at 2:00p.m. The parties shall

5

file a joint case management statement by _March_ __ _, 2019.
_ _ 13

6
7

December 12, 2018
Dated: - - - -- - - -

8

HON. JON S. TIGAR
UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14

15
16
17

18
19
20
21

22
23

24
25

26
27

28
STIP AND [PROPOSED] ORDER RE
CONTINUING CMC

4

CASE NO. 18-CV-00119-JST

DECLARATION OF ROBERT W. SPENCER

2

I, ROBERT W . SPENCER, hereby declare:

3

1.

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

4

before this Court. I am an associate with the law firm Keller Grover LLP, counsel for Plaintiff

5

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

6

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

7

2.

A case management conference is scheduled for December 19, 2018.

8

3.

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

9

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

10

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

11

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

o.,

12

Bernardino County Superior Court Case No. CIVDS 1804163]. The parties in all three cases

> ·u~
"' ~

13

participated in an all-day mediation scheduled for July 13, 2018 with respected mediator Hunter

14

R. Hughes, Esq. The parties for all three cases reached an agreement in principle and are

15

working on a formal settlement agreement.

r<)

0

~
~
~

'<t_
0\

--<

u.....;
• '<t

cz:::: u
~

~

t--

</)

.

"'

'<t

0 ~~
. . . "'

c:::::~ -

t:l Vlo
"' "'
...... r<)

cz::::
~

Q)
.....

- •
r<)

+->'<f"

......:lr/JV:
......:l Q) ~

~ ~ '<t.
"'
::;Ea:i
.,f-.<

\0
0\

16

4.

The parties have agreed in principal to consolidate this matter with the Gomez and

17

Tapia matters in San Bernardino Superior Court.

18

agreement and have reserved a February 1, 2019 hearing date for the preliminary approval

19

motion. Upon receiving an order granting preliminary approval the parties will seek to stay this

20

matter pending the completion of the settlement process.

21

5.

The parties are finalizing the settlement

The parties met and conferred through counsel regarding continuing the case

22

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

23

agreed to continue the case management conference from December 19, 2018 to February 13,

24

2019, or a date thereafter convenient to the Court. The parties have likewise agreed to move the

25

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

26

for the case management conference.

27

II

28

II
STIP AND [PROPOSED] ORDER RE
CONTINUING CMC

5

CASE NO. 18-CV-00119-JST

I

6.

I declare, under penalty of perjury, under the laws of the United States and the

2

State of California, that the foregoing is true and correct. Executed this 12th day of December

3

2018, at San Francisco, California.

4

s~
ROBERT W . SPENCER

!slil:olent'UI.

5
6
7
8
9

10
II

12
13
14

15
16
17
18
19
20
21

22
23
24
25

26
27
28
STIP AND [PROPOSED] ORDER RE
CONTINUING CMC

6

CASE NO. 18-CV-00119-JST