Perez et al v. Safety-Kleen Systems, Inc. et al

Filing 182

STIPULATION AND ORDER VACATING PRE-TRIAL AND TRIAL DATES AND SETTING CASE MANAGEMENT CONFERENCE re 180 Stipulation filed by Safety-Kleen Systems, Inc.. Signed by Judge Phyllis J. Hamilton on 1/14/09. (nah, COURT STAFF) (Filed on 1/14/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SEYFARTH SHAW LLP Robert W. Tollen (SBN 038875) rtollen@seyfarth.com Kevin John Lesinski (SBN 110862) klesinski@seyfarth.com 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 Attorneys for Defendant SAFETY-KLEEN SYSTEMS, INC. EDGAR LAW FIRM Donald S. Edgar, Esq. (SBN 139324) Jeremy R. Fietz, Esq. (SBN 200396) 408 College Avenue Santa Rosa, California 95401 Telephone: (707) 545-3200 Facsimile: (707) 578-3040 BARRON E. RAMOS (SBN 179620) Attorney at Law, a professional corporation 132 N. El Camino Real, No. 303 Encinitas, California 92924 Tel: 858-340-6019 Fax: 760-994-1354 HENDERSON & CAVERLY LLP Kristen E. Caverly (SBN 175070) P.O. Box 9144 16236 San Dieguito Road, Suite 4-13 Rancho Santa Fe, CA 92067 Telephone: (858) 756-6342 Facsimile: (858) 756-4732 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA REYMUNDO PEREZ and JERREL ) DOANE, individually and on behalf of others ) similarly situated and on behalf of the general ) public, ) ) Plaintiffs, ) ) v. ) ) SAFETY-KLEEN SYSTEMS, INC., a ) Wisconsin corporation, and DOES 1 through ) 100, inclusive, ) ) Defendant. ) ) Case No. C 05-05338 PJH STIPULATION AND PROPOSED ORDER VACATING PRE-TRIAL AND TRIAL DATES AND SETTING CASE MANAGEMENT CONFERENCE 1 STIP. AND PROP. ORDER VACATING PRE-TRIAL AND TRIAL DATES AND SETTING CMC Case Nos. 05-05338 PJH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Trial is presently scheduled for April 13, 2009. The first pre-trial event is to meet and confer regarding a pretrial conference statement no later than February 7, 2009. In settlement conferences with Magistrate Judge Edward Chen, the parties have settled all matters presently scheduled for trial, with the sole exception of the matter of attorney's fees to the prevailing party. Doc. 175. The parties are continuing to work with Magistrate Judge Chen on the matter of attorney's fees. Docs. 177, 179. In the event the parties are unable to resolve their dispute over attorney's fees, plaintiffs would move the Court for an award of attorney's fees, and the parties would brief the motion. Accordingly, the parties agree that the present dates for trial and pretrial proceedings should be vacated, and they so stipulate. The settlement provides for a recovery by the class on plaintiffs' Labor Code 226 claim (itemized wage statement). Pursuant to Fed.R.Civ. Proc 23, the settlement will need to be presented to the Court for preliminary and final approval. Plaintiffs wish the motion for preliminary approval to proceed regardless of the status of the settlement discussions concerning attorney's fees, as the settlement of the Labor Code 226 claim is not contingent on resolution of the fee dispute. Defendant believes the motion for preliminary approval should include the matter of attorney's fees and that, accordingly, the motion should await resolution of the attorney's fees dispute. For the purpose of resolving that particular dispute, the parties request a further case management conference to be held on Thursday, January 29, 2009, at 2:30 p.m., or on such date and time as mutually convenient. In the event, the matter of attorney's fees is settled before the case management conference, the parties will so notify the court. DATED: January 13, 2009 SEYFARTH SHAW LLP /S/ Robert W. Tollen Robert W. Tollen Attorneys for Defendant SAFETY-KLEEN SYSTEMS, INC. 2 STIP. AND PROP. ORDER VACATING PRE-TRIAL AND TRIAL DATES AND SETTING CMC Case Nos. 05-05338 PJH 1 2 3 4 5 6 7 8 9 10 DATED: January 13, 2009 EDGAR LAW FIRM THE LAW OFFICE OF BARRON RAMOS HENDERSON & CAVERLY /S/ Jeremy R. Fietz Jeremy R. Fietz Attorneys For Plaintiffs STEVEN WAMBOLDT, et al. IT IS SO ORDERED. January 29, 2009 2:30 p.m. Case Management Conference is set for ___________________, at _____. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ER N F D IS T IC T O R SF1 28344153.1 / 13215-000049 3 STIP. AND PROP. ORDER VACATING PRE-TRIAL AND TRIAL DATES AND SETTING CMC Case Nos. 05-05338 PJH A C LI FO Ju llis J. H dge Phy amilton R NIA JUDGE OF THE UNITEDRED RDE STATES DISTRICT COURT S SO O FOR THEINORTHERN DISTRICT OF CALIFORNIA IT UNIT ED 11 1/14/09 DATED: _________________ S S DISTRICT TE C TA RT U O NO RT H

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