Vedachalam v. Tata America International Corporation et al

Filing 202

ORDER Granting #201 Stipulation CLASS CERTIFICATION DISCOVERY AND BRIEFING SCHEDULE as to #185 MOTION to Certify Class. Case Management Statement due by 10/13/2011. Further Case Management Conference set for 10/20/2011 02:00 PM. Motion Hearing set for 10/20/2011 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 5/10/2011. (ndr, COURT STAFF) (Filed on 5/10/2011)

1
2
3
4
5
6
7

William A. Escobar (Admitted, Pro Hac Vice)
[e-mail]
Robert I. Steiner (Admitted, Pro Hac Vice)
[e-mail]
Kevin J. Smith (Admitted, Pro Hac Vice)
[e-mail]
KELLEY DRYE & WARREN, LLP
101 Park Avenue
New York, NY 10178
Telephone: [phone]
Facsimile: [phone]

11

Michelle La Mar (State Bar No. 163038)
[e-mail]
John Daryanani (State Bar No. 205149)
[e-mail]
LOEB & LOEB LLP
10100 Santa Monica Boulevard, Suite 2200
Los Angeles, CA 90067-4120
Telephone: [phone]
Facsimile: [phone]

12

Counsel for Defendants

8
9
10

13
14
UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16
17
18

GOPI VEDACHALAM and KANGANA
BERI, on behalf of themselves and all
others similarly situated,

19
Plaintiffs,
20

CASE NO. C 06-0963 (CW)
STIPULATION AND ORDER RE: CLASS
CERTIFICATION DISCOVERY AND
BRIEFING SCHEDULE

v.
21
22
23
24
25

TATA AMERICA INTERNATIONAL
CORPORATION, a New York
corporation; TATA CONSULTANCY
SERVICES, LTD, an Indian Corporation;
and TATA SONS, LTD, an Indian
Corporation.
Defendants.

26
27
28
STIPULATION RE: CLASS CERTIFICATION
DISCOVERY AND BRIEFING SCHEDULE
Case No. C-06-0963 (CW)

1

WHEREAS, on February 2, 2011, the Court set the following schedule for Plaintiffs’

2

motion for class certification (the “Motion for Class Certification”): Plaintiffs’ moving papers

3

due on April 25, 2011; Defendants’ opposition papers due on June 3, 2011; Plaintiffs’ reply

4

papers due on June 23, 2011; and the class certification hearing on July 14, 2011;

5

WHEREAS, on April 25, 2011, Plaintiffs served and filed their Motion for Class

6

Certification, including 46 declarations of individuals (the “46 Declarants”), who are located

7

across sixteen (16) states in the United States and six (6) foreign countries;

8
9

WHEREAS, Defendants contend that the 46 Declarants were not previously disclosed to
Defendants;

10

WHEREAS, Defendants and Plaintiffs have agreed to produce documents and conduct

11

depositions of Declarants on an expedited schedule, including double-tracking depositions, where

12

possible, and evaluating whether time limits on the depositions may be appropriate, to conclude

13

depositions of the United States based Declarants by July 15, 2011;

14
15

WHEREAS, Defendants will inform Plaintiffs by July 1, 2011 whether they intend to
depose the non-United States-based Declarants; and

16
17

WHEREAS, Defendants and Plaintiffs submit this proposed order which seeks
modification of the current deadlines to allow for the referenced discovery;

18
19

THE PARTIES HEREBY AGREE AND STIPULATE AS FOLLOWS:
1.

Discovery, including production of documents and depositions, of the 46 Declarants may

20

commence as soon as reasonably feasible based on the parties’ and the 46 Declarants’

21

schedules, with discovery of all United States-based Declarants concluding no later than

22

July 15, 2011;

23
24

2.

For the 46 Declarants, Defendants will produce, so that Plaintiffs' Counsel receive them

25

by no later than five (5) days before the deposition, documents constituting or relating to

26

their personnel files, including Deputation Agreements, Deputation Terms Agreements,

27

visa petitions, W2 forms, monthly earnings statements, and tax refund checks or records

28
-1-

STIPULATION RE: CLASS CERTIFICATION
DISCOVERY AND BRIEFING SCHEDULE

Case No. C 06-0963 (CW)

1

of payment for tax refund amounts concerning or governing the time period from

2

February 12, 2002 to the present, to the extent the requested documents can be located;

3
4

3.

set for hearing on October 13, 2011 at 2:00 p.m. (or on a date thereafter convenient to the

5

Court); Defendants’ opposition to the Motion for Class Certification is due August 12,

6

2011; and Plaintiffs’ reply in further support of the Motion for Class Certification is due

7

on September 22, 2011; and

8
9
10
11
12
13

Plaintiffs’ Motion for Class Certification, currently set for hearing on July 14, 2011, is re-

4.

Defendants and Plaintiffs respectfully submit that this proposed schedule is without
prejudice to either party seeking additional time if: (a) discovery is not completed in the
timeframes outlined above despite the Parties’ best efforts or (b) Defendants notify
Plaintiffs that they intend to take the depositions of some or all of the non-United States
based Declarants and the parties cannot schedule such depositions before July 15, 2011.

14
15

IT IS SO STIPULATED.

16
17
18
19
20
21
22
23
24
25
26
27
28
-2-

STIPULATION RE: CLASS CERTIFICATION
DISCOVERY AND BRIEFING SCHEDULE

Case No. C 06-0963 (CW)

1
Dated: May 9, 2011

RUKIN HYLAND DORIA & TINDALL LLP

2
3

By:

4

Steven M. Tindall (State Bar No. 187862)
Angela K. Perone (State Bar No. 245793)
RUKIN HYLAND DORIA & TINDALL, LLP
100 Pine Street, Suite 2150
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

5
6
7

/s/ Steven M. Tindall

8
Dated: May 9, 2011

LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP

9
10

By:

11

Kelly M. Dermody (State Bar No. 171716)
Daniel M. Hutchinson (State Bar No.239458)
LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP
Embarcadero Center West
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: [phone]

12
13
14

/s/ Kelly M. Dermody

15
16
Counsel for Plaintiffs
17
18

LOEB & LOEB, LLP

19
Dated: May 9, 2011

By:

/s/ Michelle La Mar

20
21
22
23
24

Michelle La Mar (State Bar No. 163038)
[e-mail]
John Daryanani (State Bar No. 205149)
[e-mail]
LOEB & LOEB LLP
10100 Santa Monica Boulevard, Suite 2200
Los Angeles, CA 90067-4120
Telephone: [phone]
Facsimile: [phone]

25
26
27
28
-3-

STIPULATION RE: CLASS CERTIFICATION
DISCOVERY AND BRIEFING SCHEDULE

Case No. C 06-0963 (CW)

1

KELLEY DRYE & WARREN LLP

2
Dated: May 9, 2011

By:

/s/ William A. Escobar

3
4
5
6
7
8
9
10
11

William A. Escobar (Admitted, Pro Hac Vice)
[e-mail]
Robert I. Steiner (Admitted, Pro Hac Vice)
[e-mail]
Kevin J. Smith (Admitted, Pro Hac Vice)
[e-mail]
KELLEY DRYE & WARREN LLP
101 Park Avenue
New York, NY 10178
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendants TATA AMERICA
INTERNATIONAL CORPORATION, TATA
CONSULTANCY SERVICES, LTD., and TATA SONS,
LTD.

12
13
14
15

IT IS SO ORDERED. Plaintiffs’ Motion for Class Certification and Case Management
Conference will be heard on Thursday, October 20, 2011 at 2:00 p.m.

16
17
18

HONORABLE CLAUDIA WILKEN
United States District Court Judge

19
20
21
22
23
24
25
26
27
28
-4-

STIPULATION RE: CLASS CERTIFICATION
DISCOVERY AND BRIEFING SCHEDULE

Case No. C 06-0963 (CW)