Diaz et al v. City of San Jose

Filing 53

ORDER CONTINUING STATUS CONFERENCE RE: SETTLEMENT re (42 in 5:08-cv-02132-JW) Statement, (52 in 5:07-cv-06424-JW) Joint Case Management Statement. Although the Court had previously warned the parties regarding the timeliness of their filings, it appe ars that the parties have once again failed to adhere to the Court's Orders. The Court GRANTS a brief continuance to allow the parties to finalize their Settlement Agreement. The Court continues the Status Conference from 4/5/2010 to 5/24/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Stipulated Dismissals or Joint Status Statement due by 5/14/2010. Failure to timely file the required statement may result in monetary sanctions for both parties. Signed by Judge James Ware on 3/31/2010. (ecg, COURT STAFF) (Filed on 3/31/2010)

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UNITED STATES DISTRICT COURT DI SAN JOSE DIVISION

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NORTHERN DISTRICT OF CALIFORNIA

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 Case Number: C08-02132 JW JOINT STATUS STATEMENT AND ORDER CONTINUING STATUS CONFERENCE RE: SETTLEMENT

Pursuant to the Court's January 26, 2010 Order Continuing Status Conferences, 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. As reported in the parties' last joint status conference, the parties believe they have reached a settlement agreement in principle, subject to proper authorization. The parties have continued to meet and confer regarding the details of the settlement terms, and believe 1
JOINT STATUS STATEMENT C07-06424 JW 642881

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RICHARD DOYLE, City Attorney (#88625) S DISTRICT TE GEORGE RIOS, Assistant City Attorney (#77908) C A ROBERT FABELA, Sr. Deputy City Attorney (#148098) T Office of the City Attorney 200 East Santa Clara Street D RDERE San José, California 95113-1905 S SO O IED IT I Telephone Number: [phone] DIF Facsimile Number: [phone] AS MO E-Mail Address: [e-mail] es Ware Attorneys for CITY OF SAN JOSE dge Jam Ju

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that most if not all major issues have been resolved. On Tuesday, March 30, the matter will be heard by the City Council in closed session. The parties will then finalize a Settlement Agreement, a process which has already begun and is nearly completed, and will agree to a Stipulated Judgment, as mandated in FLSA cases. The parties also anticipate that this matter will need to be posted on an open session City Council agenda for final approval, pursuant to the City's "sunshine" rules. In light of the current status of this case, the parties jointly request a 60 day continuance of the Status Conference to allow them an opportunity to take the necessary steps to have this matter finalized. Should a settlement be finalized 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: March 29, 2010 RICHARD DOYLE, City Attorney

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

Dated: March 29, 2010

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

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: March 29, 2010
JOINT STATUS STATEMENT

By:____/s/ Robert Fabela_____________________ ROBERT FABELA 2
C07-06424 JW 642881

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that ORDER *** major issues have been resolved. On Tuesday, March 30, the matter will *** most if not all be heard by the City Council in closed session. parties regarding then finalize a Settlement it Although the Court had previously warned the The parties will the timeliness of their filings, Agreement, a process which has already begun and is nearly completed, and will agree to a appears that the parties have once again failed to adhere to the Court's Orders. The Court's January Stipulated Judgment, as mandated in FLSA cases. The parties also anticipate that this 26, 2010 Order required that the parties' Joint Statement be filed on or before March 26, 2010 (Docket matter will need to be posted on an open session City Council agenda for final approval, Item No. to the City's the parties did not pursuant 51); however, "sunshine" rules. file their Joint Statement until March 29, 2010. (Docket In light Item No. 52.) of the current status of this case, the parties jointly request a 60 day continuance of the Status Conference to allow them an opportunity to take the necessary Based on the representation that the City Council voted on the Settlement Agreement on March steps to have this matter finalized. Should a settlement be finalized prior to the continued 30, 2010, the Court GRANTS a brief continuance to allow the parties to finalize their Settlement Status Conference, the parties ask that this matter be dismissed at that time and that the Agreement. The Court taken off calendar. Status Conference becontinues the Status Conference from April 5, 2010 to May 24, 2010 at Dated: March before May 14, 2010, the parties shall their Joint DOYLE, City Attorney Judgment for RICHARD Statement or Stipulated 10 a.m. On or 29, 2010 the Court's approval. By: ___________/S/_______________ Failure to timely file the required statement may resultROBERT FABELA for both parties. in monetary sanctions Sr. Deputy City Attorney Attorney for Defendant CITY OF SAN JOSE Dated: March 31, 2010 Dated: March 29, 2010 _________________________________ JAMES WARE WYLIE, McBRIDE, United States District Judge PLATTEN & RENNER By: __ ___________/S/_______________ CAROL L. KOENIG Attorneys for Plaintiffs JUAN DIAZ, KEITH KEESLING, CHRISTOPHER MURPHY, GARY WEEKLEY and KAREN ALLEN

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: March 29, 2010
JOINT STATUS STATEMENT

By:____/s/ Robert Fabela_____________________ ROBERT FABELA 2
C07-06424 JW 642881