Martinez v. City and County of San Francisco

Filing 121

ORDER RE CASE MANAGEMENT CONFERENCE STATEMENT re 120 Joint Case Management Statement, filed by Andrew Cohen, Steve Moss, David D Wright, City and County of San Francisco, Mukesh Chandra, Michael P. Collins, Robert Del Torre, James Wilson, Jack Wron ski, James P. Gaan, Jeremiah Morgan, Michael Rebollini, James Lewis. Joint Case Management Statement due by 11/12/2010. Further Case Management Conference set for 11/18/2010 02:00 PM. Signed by Judge Phyllis J. Hamilton on 8/27/10. (nah, COURT STAFF) (Filed on 8/27/2010)

Wilson, et al. v. City and County of San Francisco

Doc. 121

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MARY SHEA HAGEBOLS, State Bar #113222 SHEA LAW OFFICES 425 Market Street, Suite 2200 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] LESLIE F. LEVY, State Bar #104634 SHARON R. VINICK, State Bar #129914 DARCI E. BURRELL, State Bar #180467 EMILY A. NUGENT, State Bar #255048 DICKSON LEVY VINICK BURRELL HYAMS LLP 180 Grand Ave. Suite 1300 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiffs

DENNIS J. HERRERA, State Bar #139669 City Attorney ELIZABETH SALVESON, State Bar #83788 Chief Labor Attorney JONATHAN ROLNICK, State Bar #151814 ROSE-ELLEN H. FAIRGRIEVE, SB #181257 Deputy City Attorneys Fox Plaza 1390 Market Street, 5th Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JAMES WILSON, et al., Plaintiffs, vs. CITY AND COUNTY OF SAN FRANCISCO CALIFORNIA, A MUNICIPAL CORPORATION, Defendant. Case No. C 07-1016 PJH JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND PROPOSED ORDER Hearing Date: Time: Courtroom: N/A Hon. Phyllis J. Hamilton

The parties submit the following Updated Joint Case Management Statement: I. UPDATED PROCEDURAL HISTORY On July 13, 2009, the Court stayed the proceedings in this matter pursuant to the parties' stipulation. The parties were awaiting the Ninth Circuit's decision in Bamonte v. City of Mesa, as case which is directly relevant to the issues at hand. In late March, the Ninth Circuit issued its decision, holding that under the facts before the Court, the donning and doffing of police uniforms and equipment was not compensable under the FLSA where neither the employer nor any rule or law
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required police officers to engage in such activities at work. 598 F.3d 1217, at 1225-34 (9th Cir. 2010). Following the issuance of the Ninth Circuit opinion, counsel for the parties met to discuss the possibility of settling the case. Based on these discussions, the parties concluded that another settlement conference with Magistrate Judge Chen would be useful. In order to allow the parties time to adequately prepare for settlement discussions, the parties agreed to set the further settlement conference with Magistrate Judge Chen on October 14, 2010. II. DISCOVERY TO DATE In light of the stay the parties have not conducted additional discovery. III. EXPECTED PRE-TRIAL MOTIONS In light of the Court's Order granting Plaintiffs' motion for conditional certification, and the Ninth Circuit's decision in Bamonte, supra, Defendant may file a motion to decertify the class. The parties will be filing cross-motions for summary judgment. IV. PROPOSED DEADLINES AND COURT DATES The Parties request that the case remain stayed until after the October 14, 2010 settlement conference with Judge Chen. The Parties propose that the Court schedule a further status conference for November 18, 2010, at which time the parties will report on the status of settlement discussions, discovery and propose a scheduling order for any further non-expert discovery, expert discovery, cross-motions for summary judgment, motion to decertify, and trial.

Dated: August 23, 2010 SHEA LAW OFFICES s:/Mary Shea Hagebols______________ MARY SHEA HAGEBOLS Attorney for Plaintiffs

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Dated: August 23, 2010 DICKSON LEVY VINICK BURRELL HYAMS LLP By: s:/Sharon R. Vinick SHARON R. VINICK Attorney for Plaintiffs Dated: August 23, 20010 DENNIS J. HERRERA City Attorney ELIZABETH SALVESON Chief Labor Attorney JONATHAN ROLNICK ROSE-ELLEN H. FAIRGRIEVE Deputy City Attorneys By: s:/Rose-Ellen H. Fairgrieve ROSE-ELLEN H. FAIRGRIEVE Deputy City Attorney Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO

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CASE MANAGEMENT ORDER The foregoing joint statement is adopted by this Court as the Case Management Order in this action in accordance with Civil Local Rule 16-9 and other applicable Local Rules, and shall govern all further proceedings in this action. IT IS SO ORDERED.

Dated: 8/27/10

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