Scheiber v. Goodyear Tire and Rubber Company

Filing 28

STIPULATION AND ORDER EXTENDING MEDIATION COMPLETION DATE AND RELATED DATES re 27 Stipulation filed by Goodyear Tire and Rubber Company. Signed by Judge Phyllis J. Hamilton on 11/21/11. (nah, COURT STAFF) (Filed on 11/21/2011)

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JEREMY A. ROTH, Bar No. CA 129007
[e-mail]
MICHELLE B. HEVERLY, Bar No. 178660
[e-mail]
TOMOMI GLOVER, Bar No. 244886
[e-mail]
LITTLER MENDELSON
A Professional Corporation
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone:
408.998.4150
Fax No.:
408.288.5686
Attorneys for Defendant
THE GOODYEAR TIRE & RUBBER COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANDREW M. SCHEIBER, individually
and on behalf of all others similarly
situated,
Plaintiff,

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v.

Case No. C 10-05838 PJH
STIPULATION AND [PROPOSED]
ORDER EXTENDING MEDIATION
COMPLETION DATE AND RELATED
DATES

THE GOODYEAR TIRE & RUBBER
COMPANY and DOES 1-10,
Defendant.

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LITTLE R MEND ELSO N

A PROF E S SION AL C ORP OR A TION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

Case No. C 10-05838 PJH
STIPULATION AND [PROPOSED] ORDER EXTENDING MEDIATION COMPLETION DATE AND RELATED DATES

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WHEREAS, on or before August 26, 2011, Plaintiff requested a listing of putative
class members so as to obtain a sampling of time records of putative class members.

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WHEREAS, as indicated in the prior Stipulated Order Continuing Mediation and

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Class Certification Dates (Docket No. 24), the Parties believed that the listing of putative class

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members would be provided to Plaintiff’s counsel by September 16, 2011.

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WHEREAS, since the Court’s prior order of September 15, 2011, the Parties have

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worked diligently to investigate the facts of the case and to conduct discovery. Plaintiff has taken

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the deposition of Goodyear’s “person most knowledgeable” pursuant to FRCP 30(b)(6) and

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Goodyear has provided supplemental responses to written discovery (both interrogatories and

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requests for production of documents) previously served by Plaintiff and after the Parties met and

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conferred on Goodyear’s initial responses to that discovery.

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WHEREAS, on October 4, 2011, Goodyear provided Plaintiff a listing of putative

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class members. Plaintiff then engaged a statistician and three days later, on October 7, 2011, gave

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Goodyear the sample of 34 putative class members selected for gathering of those putative class

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members’ time records.

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WHEREAS, the Parties have learned that the time records are not in an electronic

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format. Rather, they are maintained in paper fashion in the various Goodyear stores in which the

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employee/class member worked. The records, known as GBMS records, are not kept by employee,

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but are maintained by date, in either a folder or binder for each pay period or month in question. The

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records at issue date from mid 2006 to August 2008.

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WHEREAS, gathering these GBMS records has proven to be a time consuming and

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difficult task. The records (one page per employee per week) are in various states of organization

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and are located in various places within each Goodyear store. Some Goodyear stores have since

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closed, many have changed management, and some have external storage sites. Goodyear has been

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working diligently to gather the records in question in order to produce them to Plaintiff in a timely

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fashion, but to date the records have not yet been produced.

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WHEREAS, Goodyear has informed Plaintiff that the time records for the 34 putative

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class members included in the sample will be delivered to Plaintiff’s counsel no later than November
Case No. C 10-05838 PJH
2.

LITTLE R MEND ELSO N

A PROF E S SION AL C ORP OR A TION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

STIPULATION AND [PROPOSED] ORDER EXTENDING MEDIATION COMPLETION DATE AND RELATED DATES

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28, 2011. Once the time records are received, Plaintiff’s counsel will undertake manual entry of the

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data from those time records into an electronic spreadsheet in preparation for mediation and class

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certification.

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WHEREAS, in light of the fact that the records have not yet been produced, that they

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do not exist in an electronic format, it will take additional time to prepare for the mediation. Once

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received, the documents will need to be inputted into an electronic spreadsheet, processed and

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analyzed by the Parties. As a result, it has become apparent that the Parties will not be able to

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complete mediation by the originally scheduled deadline of November 18, 2011.

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previously ordered that the parties attend a mediation session and further ordered that the mediation

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session be completed by November 18, 2011, with a post-mediation joint report to be filed by the

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Parties by November 22, 2011.

This Court

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WHEREAS, the Parties have agreed to use the Honorable Edward A. Infante (Ret.) of

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JAMS as a mediator and have reserved a mediation date of February 22, 2012. Accordingly, the

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Parties are requesting a continuance of the mediation completion date, as well as the related

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deadlines. Specifically, the Parties request that the Court modify its September 16, 2011 Order and

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set the following deadlines:

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• Deadline to complete mediation – February 22, 2012

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• Last day to file a Joint Mediation Status Report – February 29, 2012

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and

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between Plaintiff Andrew Scheiber and Defendant Goodyear Tire & Rubber Company, through their

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respective counsel, and subject to approval by the Court, that the above deadlines be set.

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IT IS HEREBY STIPULATED:

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DATED: November 16, 2011

LITTLER MENDELSON

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By: /s/ Michele Heverly
Michele Heverly
Attorneys for Defendant
GOODYEAR TIRE & RUBBER CO.

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LITTLE R MEND ELSO N

A PROF E S SION AL C ORP OR A TION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

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Case No. C 10-05838 PJH

STIPULATION AND [PROPOSED] ORDER EXTENDING MEDIATION COMPLETION DATE AND RELATED DATES

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DATED: November 16, 2011

WESTRUP KLICK, LLP

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By: /s/ Mark VanBuskirk
Mark VanBuskirk
Attorneys for Plaintiff
ANDREW SCHEIBER

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ORDER

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PURSUANT TO STIPULATION, IT IS ORDERED:
1. The mediation completion date of November 18, 2011 is CONTINUED to February 22,
2012;
2. The Parties are ORDERED to file a Joint Report on or after February 29, 2012 and inform

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the Court if the case settled at mediation. In the event that the case did not settle, the Parties

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are to propose, in their Joint Report, new dates for class certification discovery cutoff and for

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the briefing schedule on Plaintiff’s motion for class certification.

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IT IS SO ORDERED.

S

yllis J.
udge Ph

NO

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Hamilto

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By:_________________________________
ORDER
SO J. HAMILTON
HON. IT IS
PHYLLIS

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11/21/11
DATED:_________________

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LITTLE R MEND ELSO N

A PROF E S SION AL C ORP OR A TION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

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Case No. C 10-05838 PJH

STIPULATION AND [PROPOSED] ORDER EXTENDING MEDIATION COMPLETION DATE AND RELATED DATES