Diaz et al v. City of San Jose

Filing 29

STIPULATION AND ORDER EXTENDING THE EARLY NEUTRAL EVALUATION PERIOD re 28 Stipulation filed by City of San Jose. The Court continued the case management conference from 11/17/2008 to 12/1/2008. The parties are to file a joint case management confe rence statement by 11/21/2008. The Statement shall include, among other things, an update on the parties' ENE efforts and a discovery plan with a proposed date for the close of all discovery. Signed by Judge James Ware on 10/30/2008. (ecg, COURT STAFF) (Filed on 10/31/2008)

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D UNITED STATES DISTRICT COURT I S T R I C T
NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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JUAN DIAZ, KEITH KEESLING, CHRISTOPHER MURPHY, GARY WEEKLEY, KAREN ALLEN and other employees similarly situated, Plaintiffs, v. CITY OF SAN JOSE, Defendant.

Case Number: C07-06424 JW THIRD STIPULATION AND [PROPOSED] ORDER EXTENDING THE EARLY NEUTRAL EVALUATION PERIOD

STIPULATION Pursuant to the stipulation of the parties, the Court, on April 23, 2008, ordered the matter to Early Neutral Evaluation ("ENE") and appointed Thomas Gosselin, Esq. as the evaluator. The parties engaged in an ENE session before Mr. Gosselin on July 21, 2008. At the end of session, it was determined that it would be most efficient for the parties and the court, and would more likely result in the informal resolution of this matter, were the parties to engage in another ENE session with Mr. Gosselin after having a reasonable opportunity to further study the scope of the claims and damages being asserted by Plaintiffs under the Fair Labor Standards Act. The parties also agreed to attempt to address the related case, Welch __________________________________1____________________________________
THIRD STIPULATION AND [PROPOSED] ORDER CONTINUING THE EARLY NEUTRAL EVALUATION PERIOD C07-06424 JW 513721

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Attorneys for CITY OF SAN JOSE

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RICHARD DOYLE, City Attorney (#88625) GEORGE RIOS, Assistant City Attorney (#77908) ROBERT FABELA, Sr. Deputy City Attorney (#148098) Office of the City Attorney 200 East Santa Clara Street San José, California 95113-1905 Telephone Number: [phone] Facsimile Number: [phone] E-Mail Address: [e-mail]

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DERED SO OR ED IT IS DIFI AS MO

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v. City of San Jose (Case No. C08-02132 JW) at the second ENE, as some of the legal issues overlap in the two cases. Combining the ENE of Diaz v. City of San Jose and Welch v. City of San Jose would further promote efficiency for the parties and the court. The parties subsequently scheduled another joint ENE session with Mr. Gosselin for September 18, 2008. Due to the complexity of the issues and the number of employees involved in the case (basically, every firefighter in the San Jose Fire Department), the City requested, and the Plaintiffs and the evaluator agreed, that the subsequent ENE session should be rescheduled to October 30, 2008. In the meantime, the City has continued analyzing the issues and gauging its exposure, a process which has taken longer than originally planned, and will be placing this matter before the entire City Council in closed session in early November 2008. The City believes that the second ENE session will be more effective after the City Council has an opportunity to review this matter in closed session. As such, the parties and the evaluator have agreed to continue the second ENE session to November 12, 2008 at 1:30 p.m. Therefore, the parties, with Mr. Gosselin's support, stipulate through counsel that the ENE period will be extended up through and including November 14, 2008, by which time the parties will have completed the second ENE session. WYLIE, MCBRIDE, PLATTEN & RENNER

Dated: October 28, 2008

By: _____/s/ Carol Koenig________ CAROL KOENIG Attorney for Plaintiffs, JUAN DIAZ, KEITH KEESLING, CHRISTOPHER MURPHY, GARY WEEKLEY, and KAREN ALLEN RICHARD DOYLE, City Attorney

Dated: October 28, 2008

By: _____/s/ Robert Fabela_________ ROBERT FABELA Sr. Deputy City Attorney Attorney for Defendant CITY OF SAN JOSE

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THIRD STIPULATION AND [PROPOSED] ORDER CONTINUING THE EARLY NEUTRAL EVALUATION PERIOD C07-06424 JW 513721

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ATTESTMENT OF CONCURRENCE PER GENERAL ORDER 45 FOR FILING: I attest that concurrence in the filing of this document by the signatories, Robert Fabela and Carol Koenig, has been obtained, and that a record of the concurrence shall be maintained at the Office of the City Attorney. Date: October 28, 2008 By:____/s/ Robert Fabela_____________________ ROBERT FABELA

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THIRD STIPULATION AND [PROPOSED] ORDER CONTINUING THE EARLY NEUTRAL EVALUATION PERIOD C07-06424 JW 513721

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[PROPOSED] ORDER IT IS HEREBY ORDERED that the ENE period shall be extended up through and including November 14, 2008, by which time the parties will schedule another ENE session with the Evaluator regarding both the present case as well as Welch v. City of San Jose (Case No. C08-02132 JW). In light of this Order, the Court continues the Case Management Conference currently set for Dated: October ____, 2008 ____________________________________ November 17, 2008 to December 1, 2008 at 10 a.m. On or before November 21, 2008, the parties UNITED STATES DISTRICT JUDGE shall file a Joint Case Management Statement. The Statement shall include, among other things, an update on the parties' ENE efforts and a discovery plan with a proposed date for the close of all discovery.

________________________________ JAMES WARE United States District Judge

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THIRD STIPULATION AND [PROPOSED] ORDER CONTINUING THE EARLY NEUTRAL EVALUATION PERIOD C07-06424 JW 513721