Ortiz et al v. Home Depot U.S.A., Inc

Filing 64

ORDER re 63 Staying Pretrial Schedule Deadlines through August 31, 2011 Pursuant to Parties' Notice of Settlement. Signed by Judge Koh on 7/7/2011. (lhklc3, COURT STAFF) (Filed on 7/7/2011)

1
2
3
4
5
6

CLAUDIA CENTER (SBN 158255)
JINNY KIM (SBN 208953)
RACHAEL LANGSTON (SBN 257950)
THE LEGAL AID SOCIETY –
EMPLOYMENT LAW CENTER
180 Montgomery Street, Suite 600
San Francisco, CA 94104
TEL: [phone]
FAX: [phone]
EMAIL:[e-mail]
[e-mail]
[e-mail]

JOSHUA KONECKY (SBN 182897)
SCHNEIDER WALLACE
COTTRELL BRAYTON KONECKY LLP
180 Montgomery Street, Suite 2000
San Francisco, CA 94104
TEL: [phone]
FAX: [phone]
TTY: [phone]
EMAIL:[e-mail]

7
8

Attorneys for Plaintiffs Gabriel Ortiz, Andrew Gonzales,
Landon Mickey Miller and Joe Huynh

9
10
11
12
13

DONALD LIVINGSTON
WILLIAM ALLEN (Admitted Pro Hac Vice)
AKIN GUMP STRAUSS HAUER & FELD LLP
1333 New Hampshire Avenue, N.W.
Washington, D.C. 20036
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

TERESA W. GHALI (SBN 252961)
AKIN GUMP STRAUSS HAUER & FELD LLP
580 California Street, Suite 1500
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
Email: [e-mail]

14
15

Attorneys for Defendant
HOME DEPOT U.S.A., INC.

16
UNITED STATES DISTRICT COURT
17
NORTHERN DISTRICT OF CALIFORNIA
18
SAN JOSE DIVISION
19
20
21

GABRIEL ORTIZ, ANDREW GONZALES,
LANDON MICKEY MILLER, AND JOE
HUYNH, on behalf of themselves and all
others similarly situated,

22
Plaintiffs,
23

Case No. C 09-03485 LHK
NOTICE OF SETTLEMENT; JOINT
REQUEST TO STAY CASE
MANAGEMENT SCHEDULE;
DECLARATION IN SUPPORT;
[PROPOSED] ORDER

v.
24
HOME DEPOT U.S.A., INC.,

[Fed. R. Civ. P. 26(f), Civ. L.R. 6-1(b), 6-2,
7-12.]

25
Defendant.

The Honorable Lucy H. Koh

26
27
28
1
NOTICE OF SETTLEMENT AND ORDER
Case No. C 09-03485 LHK

1

After two mediation sessions before the Honorable Edward A. Infante (ret.), and significant

2

efforts and negotiations following those sessions, the parties have reached an agreement on material

3

terms, including provisions for class-wide equitable relief, monetary relief to the putative class

4

members and named plaintiffs, and reasonable attorneys’ fees and costs, subject to reaching a final

5

agreement on all language of a class action settlement agreement.

6

The parties are drafting a formal class action settlement agreement and motion papers to

7

present to the Court in connection with a motion for preliminary approval of the proposed agreement.

8

The parties submit that it is in the interest of justice and judicial economy to now devote their

9

resources entirely to the settlement drafting process and preliminary approval motion, rather than to

10

divert them to the final depositions and plaintiffs’ motion for class certification, otherwise due July 14,

11

2011. Accordingly, the parties respectfully request that the Court stay the current pretrial schedule

12

until August 31, 2011. Plaintiffs intend to file the motion for preliminary approval on or before August

13

31, 2011.

14

On January 26, 2011, the Court issued a scheduling order modifying the pretrial schedule

15

originally set by the Honorable James Ware in his order of February 25, 2010. Since the January 26,

16

2011 Order, the parties sought two other modifications of the pretrial schedule: (1) the parties

17

stipulated to extend the date for taking a Rule 30(b)(6) deposition for approximately one month; and

18

(2) the parties stipulated to extend the date for expert disclosures pertaining to class certification.

19

A declaration from plaintiffs’ counsel Joshua Konecky in support of this request is enclosed.

20
21
22
23
24
25
26
27
28
2
NOTICE OF SETTLEMENT AND ORDER
Case No. C 09-03485 LHK

1

Dated: July 7, 2011

THE LEGAL AID SOCIETY-EMPLOYMENT
LAW CENTER

2
SCHNEIDER WALLACE
COTTRELL BRAYTON
KONECKY LLP

3
4

/s/ Joshua Konecky
JOSHUA KONECKY

5
6

Attorneys for Plaintiffs
Gabriel Ortiz, Andrew Gonzales, Landon Mickey
Miller, and Joe Huynh

7
8
9

Dated: July 7, 2011.

AKIN GUMP STRAUSS HAUER & FELD LLP

10
11
/s/ Bill Allen
BILL ALLEN

12
13

Attorneys for Defendant
HOME DEPOT U.S.A., INC.

14
15

ECF CERTIFICATION
16
17

Pursuant to General Order No. 45 X. (B), I attest that concurrence in the filing of this
document has been obtained from Defendant’s counsel.

18
19
Dated: July 7, 2011.
20

/s/ Joshua Konecky
JOSHUA KONECKY

21
22
23
24
25
26
27
28
3
NOTICE OF SETTLEMENT AND ORDER
Case No. C 09-03485 LHK

1

DECLARATION OF JOSHUA KONECKY

2

I, Joshua Konecky, declare,

3

1.

I am an attorney in good standing licensed to practice in the Northern District of

4

California and am attorney of record in Ortiz v. Home Depot U.S.A., Inc., Case No. C 09-03485 LHK

5

(N.D. Cal.). I make this declaration based on my own personal knowledge and, if called to do so,

6

could and would competently so testify in court.

7

2.

The parties have appeared for two full-day mediation sessions before the Honorable

8

Edward A. Infante (ret.). Through these sessions and subsequent negotiations, the parties reached an

9

agreement on material terms for the equitable relief provisions of a comprehensive class action

10

settlement as well as the amount of monetary relief to the putative class members. Through further

11

arms-length negotiations conducted after the mediation sessions, the parties reached an agreement on

12

monetary provisions for the named plaintiffs and amounts for the payment of attorneys’ fees and costs.

13

These agreements are subject to reaching a final agreement on all language of a class action settlement

14

agreement.

15

3.

The parties memorialized the material terms of their agreement on July 1, 2011.

16

4.

The parties are now drafting the formal settlement agreement and papers in support of

17

the motion for preliminary approval of the proposed class action settlement. The parties submit that it

18

is in the interest of justice and judicial economy to now devote their resources entirely to the settlement

19

drafting process and preliminary approval motion, rather than to divert them to the final depositions

20

and motion for class certification, otherwise due July 14, 2011. Accordingly, the parties respectfully

21

request that the Court stay the current pretrial schedule until August 31, 2011. Plaintiffs intend to file

22

the motion for preliminary approval on or before August 31, 2011.

23

5.

In addition to the Case Management Order entered on January 26, 2011 (see dkt. No.

24

50), the following time modifications have been made by the Court, upon motion or by stipulation: (1)

25

plaintiffs’ motion for continuance of Case Management Conference (see dkt. no. 10); (2) stipulation to

26

extension of time for Defendant to file answer to amended complaint (see dkt. no. 13); (3) stipulation

27

to extend time for mediation (see dkt. no. 36); (4) stipulation to extend time for taking Rule 30(b)(6)

28
4
NOTICE OF SETTLEMENT AND ORDER
Case No. C 09-03485 LHK

1

deposition (see dkt. No. 36); and (5) stipulation to extend time for expert disclosures pertaining to class

2

certification (see dkt. No. 58).

3
4

6.

Defendant’s counsel Bill Allen has authorized Plaintiffs’ counsel to sign the joint

motion on his behalf.

5
6
7

I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed this 7th day of July, 2011, in Oneonta, NY.

8
9
10

/s/
Joshua Konecky

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

5
NOTICE OF SETTLEMENT AND ORDER
Case No. C 09-03485 LHK

1
2

The parties stipulate that they have reached an agreement on material terms of a proposed class

3

action settlement agreement to present to the Court for preliminary approval. The parties further

4

stipulate that it would be in the interest of justice and economy to stay the current pretrial schedule and

5

devote resources to the settlement drafting process and preliminary approval motion.

6
7

PURSUANT TO THE PARTIES’ NOTICE OF SETTLEMENT AND STIPULATION, AND
GOOD CAUSE SHOWN, IT IS SO ORDERED THAT:

8

The current pretrial schedule is STAYED until August 31, 2011. Plaintiffs shall file the motion

9

for preliminary approval on or before August 31, 2011. In the event that the parties do not finalize the

10

settlement and file the preliminary approval motion by August 31, 2011, the parties should be prepared

11

to file their class certification briefing on an expedited basis.

12

IT IS SO ORDERED.

13
14

Dated: July 7, 2011

_______________________________________
THE HON. LUCY H. KOH
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
NOTICE OF SETTLEMENT AND ORDER
Case No. C 09-03485 LHK