Narayan et al v. EGL, Inc. et al

Filing 232

STIPULATION AND ORDER 231 Re: Limited Stay of Order Denying Class Certification to Toll Statute of Limitations. Signed by Judge Ronald M. Whyte on 10/11/12. (jgS, COURT STAFF) (Filed on 10/11/2012)

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1 2 3 4 5 6 AARON KAUFMANN, SBN 148580 DAVID POGREL, SBN 203787 LEONARD CARDER, LLP 1330 Broadway, Suite 1450 Oakland, CA 94612 Telephone: (510) 272-0169 Facsimile: (510) 272-0174 akaufmann@leonardcarder.com dpogrel@leonardcarder.com 12 MICHAEL RUBIN, SBN 80618 JAMES M. FINBERG, SBN 114850 EVE CERVANTEZ, SBN 164709 MATTHEW J. MURRAY, SBN 271461 ALTSHULER BERZON LLP 177 Post Street, Suite 300 San Francisco, California 94108 Telephone: (415) 421-7151 Facsimile: (415) 362-8064 mrubin@altshulerberzon.com jfinberg@altshulerberzon.com ecervantez@altshulerberzon.com mmurray@altshulerberzon.com 13 Attorneys for PLAINTIFFS 7 8 9 10 LEONARD CARDER, LLP ATTORNEYS 1330 BROADWAY, SUITE 1450 OAKLAND, CA 94612 TEL: (510) 272-0169 FAX: (510) 272-0174 11 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 18 19 20 21 22 23 24 MOHIT NARAYAN, HANNA RAHAWI, THOMAS HEATH and UGO IHEONU, on behalf of themselves and all others similarly situated, ) ) ) ) ) Plaintiffs, ) ) v. ) ) EGL, INC., a Texas Corporation; CEVA Freight, ) LLC, a Delaware Corporation, and DOES 2-10, ) inclusive, ) ) Defendants. ) ) CLASS ACTION No. C05-04181 RMW STIPULATION AND ORDER RE LIMITED STAY OF ORDER DENYING CLASS CERTIFICATION TO TOLL STATUTE OF LIMITATIONS 25 26 27 28 STIPULATION AND ORDER RE LIMITED STAY OF ORDER DENYING CLASS CERTIFICATION TO TOLL STATUTE OF LIMITATIONS 1 WHEREAS, Plaintiffs initially filed this case on September 12, 2005 as a class action. 2 WHEREAS, Plaintiffs filed a motion for class certification on September 26, 2011 in 3 which they sought to represent the following class: 4 5 6 7 All persons who are or have operated as pick-up and delivery drivers for defendants EGL, Inc. and/or CEVA Freight, LLC in the State of California under an “independent contractor services” contract or similar written contract (referred to as “Drivers”) during the period from September 12, 2001 through October 16, 2011. WHEREAS, the Court heard the class certification motion on March 30, 2012 and took 8 the matter under submission. 9 10 WHEREAS the Court issued its Order Denying Motion for Class Certification on LEONARD CARDER, LLP ATTORNEYS September 7, 2012 ("Order Denying Class Certification") on the grounds that "plaintiffs have 12 1330 BROADWAY, SUITE 1450 OAKLAND, CA 94612 TEL: (510) 272-0169 FAX: (510) 272-0174 11 failed to show predominance under Rule 23(b)(3)." Dkt. No. 228, 5:20-22. 13 14 15 WHEREAS Plaintiffs filed a Petition for Permission to Appeal from the Order Denying Class Certification pursuant to Federal Rule of Civil Procedure Rule 23(f) ("Rule 23(f)Petition") with the Ninth Circuit on September 21, 2012. See Dkt. No. 230. 16 17 WHEREAS putative class members in this matter may need to intervene or file their own 18 actions in order to toll the statute of limitations on the claims that had been averred on their behalf 19 in this action. 20 21 22 WHEREAS, while the Rule 23 Petition is pending in this matter, the parties wish to avoid the burdens associated with individual putative class members pursuing intervention and commencement of new actions and to avoid burdening this Court and other courts with such 23 litigation. 24 25 The parties HEREBY STIPULATE AND REQUEST that the Order Denying Class 26 Certification be stayed nunc pro tunc to September 7, 2012, only insofar as that order may affect 27 the running of the statute of limitations on the putative class members' individual claims that 28 mirror the class claims averred in the Second Amended Complaint, Dkt. No. 149, and that such -1STIPULATION AND ORDER RE LIMITED STAY OF ORDER DENYING CLASS CERTIFICATION TO TOLL STATUTE OF LIMITATIONS 1 stay extend until, but no longer than, the date on which the Ninth Circuit Court of Appeals issues 2 its ruling on the Rule 23(f) petition in this matter. 3 4 DATED: September 26, 2012. LEONARD CARDER, LLP 5 By 6 /s/ Aaron Kaufmann AARON KAUFMANN Attorneys for Plaintiffs 7 8 DATED: September 26, 2012. HUNTON & WILLIAMS 9 10 By /s/ Fraser McAlpine FRASER A. McALPINE Attorneys for Defendants 11 LEONARD CARDER, LLP ATTORNEYS 1330 BROADWAY, SUITE 1450 OAKLAND, CA 94612 TEL: (510) 272-0169 FAX: (510) 272-0174 12 13 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that this Court's Order 14 Denying Class Certification is stayed nunc pro tunc to September 7, 2012, only insofar as that 15 order may affect the running of the statute of limitations on the putative class members' individual 16 17 claims that mirror the class claims averred in the Second Amended Complaint, Dkt. No. 149. Such stay shall extend until the date on which the Ninth Circuit Court of Appeals issues its ruling 18 19 on the Rule 23(f) petition in this matter. 20 21 22 23 DATED: , 2012. By HONORABLE RONALD M. WHYTE UNITED STATES DISTRICT COURT 24 25 26 27 28 -2STIPULATION AND ORDER RE LIMITED STAY OF ORDER DENYING CLASS CERTIFICATION TO TOLL STATUTE OF LIMITATIONS

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