Welch et al v. City of San Jose

Filing 13

STIPULATION AND ORDER Continuing Case Management Conference from 9/8/2008 to 10/20/2008 re 11 Stipulation filed by City of San Jose. Joint Case Management Conference statement/Rule 26(f) disclosures due 10/10/2008. Initial Case Management Conference set for 10/20/2008 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 9/4/2008. (ecg, COURT STAFF) (Filed on 9/4/2008)

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UNIT ED 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attorneys for CITY OF SAN JOSE ER N F D IS T IC T O R UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JEFFREY WELCH, GLEN BISHIP, MITCHELL WITSINSKI, ROBERT CULBERTSON and other employees similarly situated, Plaintiffs, v. CITY OF SAN JOSE, Defendants. Case Number: C08-02132 JW STIPULATION AND [PROPOSED] ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE STIPULATION This case involves the claim by certain plaintiff firefighters that the City of San Jose has not made overtime payments to plaintiffs pursuant to the Fair Labor Standards Act. This case has been related to Diaz, et al. v. City of San Jose, case number C07-06424 JW, which also involves FLSA claims by certain firefighters against the City of San Jose. In the related Diaz matter, the Court appointed Thomas Gosselin, Esq. as the early neutral evaluator in this matter. 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 1 CITY OF SAN JOSE'S ANSWER TO COMPLAINT C07-06424 JW 501475 A C LI 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: (408) 535-1900 Facsimile Number: (408) 998-3131 E-Mail Address: cao.main@sanjoseca.gov S S DISTRICT TE C TA FO m Judge Ja es Ware R NIA O ORD IT IS S ERED RT U O NO RT H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 damages being claimed by Plaintiffs under the Fair Labor Standards Act. The parties have also agreed to attempt to address this related case, Welch v. City of San Jose, at the second ENE. The parties have now agreed with Mr. Gosselin to conduct the next phase of the ENE session, which will include both the Diaz and the Welch matter, on September 18, 2008. The Case Management Conference in this case is currently scheduled for September 8, 2008, ten days prior to the scheduled ENE. The parties agree that it would be more efficient and productive for the Case Management Conference to occur after the ENE session on September 18. After having consulted with court staff on available alternative dates, the parties have agreed to a new Case Management Conference date of October 20, 2008, pending approval from this Court. WYLIE, MCBRIDE, PLATTEN & RENNER Dated: August 22, 2008 By: _____/s/ Carol L. Koenig________ CAROL L. KOENIG Attorney for Plaintiffs, JUAN DIAZ, KEITH KEESLING, CHRISTOPHER MURPHY, GARY WEEKLEY, and KAREN ALLEN RICHARD DOYLE, City Attorney Dated: August 22, 2008 By: _____/s/ Robert Fabela_________ ROBERT FABELA Sr. Deputy City Attorney Attorney for Defendant CITY OF SAN JOSE 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 L. Koenig, has been obtained, and that a record of the concurrence shall be maintained at the Office of the City Attorney. 2 CITY OF SAN JOSE'S ANSWER TO COMPLAINT C07-06424 JW 501475 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date: August 22, 2008 By:____/s/ Robert Fabela_____________________ ROBERT FABELA 3 CITY OF SAN JOSE'S ANSWER TO COMPLAINT C07-06424 JW 501475 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 4, 2008 August ____, 2008 [PROPOSED] ORDER IT IS HEREBY ORDERED that the Case Management Conference in this matter shall be continued to October 20, 2008, at 10:00 a.m. The last day to file a Rule 26(f) Report and Case Management Statement shall be continued to October 10, 2008. ____________________________________ UNITED STATES DISTRICT JUDGE 4 CITY OF SAN JOSE'S ANSWER TO COMPLAINT C07-06424 JW 501475

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