Sandoval et al v. AB Landscaping, Inc. et al

Filing 8

STIPULATION AND ORDER re 7 Stipulation filed by Luis Sandoval, Ricardo Jimenez, Israel Rodriguez . ADR deadlines 4/13/2010. Case Management Statement due by 4/27/2010. Case Management Conference set for 5/4/2010 01:30 PM in Courtroom 2, 5th Floor, San Jose. Signed by Magistrate Judge Howard R. Lloyd on 2/25/2010. (hrllc1, COURT STAFF) (Filed on 2/25/2010)

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ADAM WANG, Bar No. 201233 ADAM PEDERSEN, Bar No. 261901 LAW OFFICES OF ADAM WANG 12 S First Street, Suite 708 San Jose, CA 95113 Tel: [phone] Fax: [phone] Attorneys for Plaintiffs Luis Sandoval, Israel Rodriguez and Ricardo Jimenez ROGER M. MASON, ESQ. (107486) CAITLIN E. KAUFMAN, ESQ. (238424) SWEENEY, MASON, WILSON & BOSOMWORTH 983 University Avenue, Suite 104C Los Gatos, CA 95032-7637 408-356-3000 phone [phone] fax [e-mail] Attorneys for Defendants AB Landscaping, Inc. and Victor Arellano

** E-Filed February 25, 2010 **

UNITED STATES FEDERAL COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION LUIS SANDOVAL, ISRAEL RODRIGUEZ, AND RICARDO JIMENEZ, in behalf of themselves and similarly situated, Plaintiffs, vs. AB LANDSCAPING, INC. AND VICTOR ARELLANO, Defendants Case No.: 09-04969 HRL STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

Parties by and through their respective counsel, stipulate to continue the initial case management conference for 60 days as follows:

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE Sandoval, et al v. AB Landscaping Inc., et al 1 Case No. C09-4969 HRL

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1.

Plaintiffs filed this case on October 19, 2009, alleging unpaid overtime and other

violations under both California Labor Code and Fair Labor Standards Act. The Summons and Complaint were served on January 25, 2010. 2. Pursuant to California Labor Code Private Attorney General's Act § 2699(c),

Plaintiffs sent a notice to California Labor and Workforce Development Agency ("LWDA") of the overtime violation, intending to bring the action to recover unpaid overtime on behalf of all employees former and current under Labor Code § 558. 3. Attempting to avail themselves of the provision of Labor Code ("PAGA") §

2699(c)(2)(A), Defendants took actions allegedly to cure the violation, by conducting an audit and issuing payment to all employees the amount Defendants claim to be owing in unpaid overtime. Plaintiffs claim that the Defendants' methodology in audit is flawed, and not all overtime hours worked have been accounted for. As such, Plaintiffs plan to dispute that Defendants have cured the overtime violations according to the procedure provided for under Labor Code § 2699(c)(2)(B). 4. Until LWDA makes its decision whether or not the overtime violations have been

fully cured, Plaintiffs may not proceed to file the cause of action under PAGA to recover the overtime owed on behalf of all employees. 5. As such, parties stipulate to request a 60-day continuance for Initial Case

Management Conference currently set for March 2, 2010 and ask that the corresponding discovery deadlines to be continued accordingly. /// /// /// /// /// ///

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE Sandoval, et al v. AB Landscaping Inc., et al 2 Case No. C09-4969 HRL

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6.

Regardless of the outcome of the LWDA determination, Plaintiffs expect to file a

First Amended Complaint to add another Plaintiff and potentially amend one or more of the causes of action therein. For this reason, Plaintiffs and Defendants stipulate and agree that Defendants' response to the Complaint be extended until 20 days after a First Amended Complaint is served. Respectfully submitted, Dated: February 23, 2010

By: /s/ Adam Wang ADAM WANG Attorney for Plaintiffs

Dated: February 23, 2010

By: /s/ Caitlin E. Kaufman CAITLIN E. KAUFMAN SWEENEY, MASON, WILSON & BOSOMWORTH Attorneys for Defendants. ______________________________________________ [PROPOSED] ORDER

Pursuant to the parties' stipulation, GOOD CAUSE APPEARING, IT IS HEREBY
May 4 ORDERED the Initial Case Management Conference be continued to _______________, 2010. April 13 The ADR Certification is due on ________________, 2010. The Stipulation and Order April 13 Selecting ADR Process is due on ________________, 2010. The Rule 26(f) Report, Initial April 27 Disclosures, and Joint Case Management Statement are due on _____________, 2010.

25 Dated: February ___, 2010
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By: ___________________ Howard L. Lloyd US Magistrate Judge

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE Sandoval, et al v. AB Landscaping Inc., et al 3 Case No. C09-4969 HRL