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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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
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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
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Attorneys for PLAINTIFFS
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LEONARD CARDER, LLP
ATTORNEYS
1330 BROADWAY, SUITE 1450
OAKLAND, CA 94612
TEL: (510) 272-0169 FAX: (510) 272-0174
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MOHIT NARAYAN, HANNA RAHAWI,
THOMAS HEATH and UGO IHEONU, on
behalf of themselves and all others similarly
situated,
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Plaintiffs,
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v.
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EGL, INC., a Texas Corporation; CEVA Freight, )
LLC, a Delaware Corporation, and DOES 2-10,
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inclusive,
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Defendants.
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CLASS ACTION
No. C05-04181 RMW
STIPULATION AND
ORDER RE LIMITED STAY OF
ORDER DENYING CLASS
CERTIFICATION TO TOLL
STATUTE OF LIMITATIONS
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STIPULATION AND ORDER RE LIMITED STAY OF ORDER DENYING CLASS
CERTIFICATION TO TOLL STATUTE OF LIMITATIONS
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WHEREAS, Plaintiffs initially filed this case on September 12, 2005 as a class action.
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WHEREAS, Plaintiffs filed a motion for class certification on September 26, 2011 in
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which they sought to represent the following class:
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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
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the matter under submission.
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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
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1330 BROADWAY, SUITE 1450
OAKLAND, CA 94612
TEL: (510) 272-0169 FAX: (510) 272-0174
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failed to show predominance under Rule 23(b)(3)." Dkt. No. 228, 5:20-22.
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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.
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WHEREAS putative class members in this matter may need to intervene or file their own
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actions in order to toll the statute of limitations on the claims that had been averred on their behalf
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in this action.
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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
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litigation.
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The parties HEREBY STIPULATE AND REQUEST that the Order Denying Class
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Certification be stayed nunc pro tunc to September 7, 2012, only insofar as that order may affect
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the running of the statute of limitations on the putative class members' individual claims that
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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
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stay extend until, but no longer than, the date on which the Ninth Circuit Court of Appeals issues
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its ruling on the Rule 23(f) petition in this matter.
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DATED: September 26, 2012.
LEONARD CARDER, LLP
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By
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/s/ Aaron Kaufmann
AARON KAUFMANN
Attorneys for Plaintiffs
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DATED: September 26, 2012.
HUNTON & WILLIAMS
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By
/s/ Fraser McAlpine
FRASER A. McALPINE
Attorneys for Defendants
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LEONARD CARDER, LLP
ATTORNEYS
1330 BROADWAY, SUITE 1450
OAKLAND, CA 94612
TEL: (510) 272-0169 FAX: (510) 272-0174
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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that this Court's Order
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Denying Class Certification is stayed nunc pro tunc to September 7, 2012, only insofar as that
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order may affect the running of the statute of limitations on the putative class members' individual
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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
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on the Rule 23(f) petition in this matter.
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DATED:
, 2012.
By
HONORABLE RONALD M. WHYTE
UNITED STATES DISTRICT COURT
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-2STIPULATION AND ORDER RE LIMITED STAY OF ORDER DENYING CLASS
CERTIFICATION TO TOLL STATUTE OF LIMITATIONS
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