Diaz et al v. City of San Jose

Filing 49

ORDER CONTINUING 11/2/2009 STATUS CONFERENCES re (48 in 5:07-cv-06424-JW) Joint Case Management Statement, (37 in 5:08-cv-02132-JW) Joint Case Management Statement. Joint Status Report or Stipulated Dismissal due by 1/22/2010. Status Conference set for 2/1/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 10/27/2009. (ecg, COURT STAFF) (Filed on 10/27/2009)

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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] Attorneys for CITY OF SAN JOSE

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mes Wa Judge Ja UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA E SAN JOSE DIVISION

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F D IS T IC T O R

JUAN DIAZ, KEITH KEESLING, CHRISTOPHER MURPHY, GARY WEEKLEY, KAREN ALLEN and other employees similarly situated,

Case Number: C07-06424 JW

Case Number: C08-02132 JW
JOINT STATUS STATEMENT

and JEFFREY WELSCH, et al, Plaintiffs,
v. v. CITY OF SAN JOSE, Defendant.

ORDER CONTINUING STATUS CONFERENCES

Plaintiffs,

Pursuant to the Court's August 27, 2009 Order Vacating Preliminary Pretrial Conference, the parties hereby submit the following Joint Status Statement. As this Court is aware, this is a Fair Labor and Standards Act case in which the Plaintiffs are asserting, based on several different theories, that Defendant City of San Jose has not paid Plaintiff firefighters overtime consistent with the Fair Labor and Standards Act for the last several years. The City denies these allegations. After further extensive efforts to resolve the remaining differences between the parties, the parties now believe they have reached a settlement agreement in principle, subject to proper authorization. Over the next several weeks, the parties will endeavor to 1
JOINT STATUS STATEMENT C07-06424 JW 600306

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finalize in writing the specific terms of the settlement, obtain proper authorization, and agree to a Stipulated Judgment, as is mandated in FLSA cases. In light of the current status of this case, the parties jointly request a 75 day continuance of the Status Conference to allow them an opportunity to take the necessary steps to have this matter finalized. Should a Stipulated Judgment be filed by the parties and approved by the Court prior to the continued Status Conference, the parties ask that this matter be dismissed at that time and that the Status Conference be taken off calendar. Dated: October 26, 2009 RICHARD DOYLE, City Attorney

By: ___________/S/_______________ ROBERT FABELA Sr. Deputy City Attorney Attorney for Defendant CITY OF SAN JOSE

Dated: October 26, 2009

WYLIE, McBRIDE, PLATTEN & RENNER By: __ ___________/S/_______________ CAROL L. KOENIG Attorneys for Plaintiffs JUAN DIAZ, KEITH KEESLING, CHRISTOPHER MURPHY, GARY WEEKLEY and KAREN ALLEN

*** ORDER *** ATTESTMENT OF CONCURRENCE PER GENERAL ORDER 45 FOR FILING: The Court finds good cause to GRANT the parties a 75-day extension to finalize their Settlement Agreement. Accordingly, the Court continues thethis document by re: Settlement from November 2, I attest that concurrence in the filing of Status Conference the signatories, Robert 2009 to February 1, 2010 at 10 a.m. for both cases. On or before January 22, 2010, the parties shall Fabela and Carol Koenig, hasStipulate Dismissals are filed on Januarythe concurrence shall be file a Joint Status Statement. If been obtained, and that a record of 22, 2010, the Status Conference at the vacated. maintained will be Office of the City Attorney. Date: October 26, 2009 Dated: October 27, 2009 By:____/s/ Robert Fabela_____________________ ROBERT __________________________ FABELA JAMES WARE United States District Judge

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JOINT STATUS STATEMENT C07-06424 JW 600306