Arruda v. United Food and Commercial Workers of North America, Local 5

Filing 10

ORDER Continuing Case Management Conference. Signed by Judge Lucy H. Koh on 6/17/2013. (lhklc3, COURT STAFF) (Filed on 6/17/2013)

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DAVID A. ROSENFELD, Bar No. 058163
ANNE I. YEN, Bar No. 187291
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]
Attorneys for Defendant United Food & Commercial Workers
Union, Local 5

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FRANK E. MAYO, Bar No. 42972
LAW OFFICES OF FRANK E. MAYO
4962 El Camino Real, Suite 104
Los Altos, C 94022
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]

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Attorney for Plaintiff Humberto Arruda

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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HUMBERTO ARRUDA,

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Case No. 13-CV-01192 (LHK)
Plaintiff,

JOINT CASE MANAGEMENT
STATEMENT; [PROPOSED] ORDER

v.

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UFCW-5, AND DOES 1 THROUGH 20,

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Date: June 19, 2013
Time: 2:00 p.m.
Ctrm: 8

Defendants.

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Plaintiff’s counsel substituted in effective June 6, 2013. Previously, Plaintiff was in pro

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per. Counsel for the parties request continuance of the case management conference to allow

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time to confer regarding initial disclosures, discovery and other litigation procedures. In the

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event the Court grants continuance of the case management conference, for scheduling purposes

WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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JOINT CASE MANAGEMENT STATEMENT (CASE NO. 13-CV-01192 LHK)

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please note that counsel will be unavailable June 27 through July 7. At this time, the parties

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submit the following pursuant to Northern District Local Rules.

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1.

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Plaintiff filed this action under Title VII of the Civil Rights Act of 1964. Defendant

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JURISDICTION AND SERVICE

removed to this Court on March 18, 2013.

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2.

FACTS

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In Plaintiff’s complaint, he states that he was an employee of Lucky Stores, Inc. as a meat

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cutter. He states that he was discharged from Lucky Stores, Inc. on August 11, 2011. Plaintiff

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alleges that he was sexually harassed by the meat manager at Lucky Stores; that he allegedly

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reported unfair treatment to his representative; and that Defendant, UFCW – 5, allegedly refused

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to investigate and take action to prevent discrimination. Defendant denies Plaintiff’s allegations,

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except that Defendant agrees Plaintiff was a former employee of Lucky Stores in a bargaining

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unit represented by Local 5.

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3.

LEGAL ISSUES

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In Defendant’s Answer, Defendant denies the allegations of Plaintiff’s Complaint and

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alleges fifteen affirmative defenses including, but not limited to, failure to exhaust administrative

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remedies, internal union remedies and contractual remedies; preemption by federal labor law; and

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statute of limitations.

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4.

MOTIONS

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Plaintiff’s attorney recently substituted in and the substitution was approved on June 6,

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2013. Previously, Plaintiff was in pro per. Counsel for the parties have not yet had the

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opportunity to confer regarding other anticipated motions, but they will do so at the earliest

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opportunity.

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5.

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See number 4 above.

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6.

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Those persons who may have records for electronically stored information at UFCW

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

AMENDMENT OF PLEADINGS

EVIDENCE PRESERVATION

Local 5 which may be relevant to the issues reasonably anticipated in this case have been
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JOINT CASE MANAGEMENT STATEMENT (CASE NO. 13-CV-01192 LHK)

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informed of the need to preserve evidence.

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DISCLOSURES

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Please see number 4 above.

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As Plaintiff’s counsel only recently substituted effective June 6, discovery has not yet

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commenced. Defendant’s counsel will confer with Plaintiff’s new counsel regarding whether

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Plaintiff’s counsel intends to amend the pleading and regarding discovery scheduling.

DISCOVERY

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9.

CLASS ACTIONS

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Not applicable.

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RELATED CASES

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Please see number 4 above. Plaintiff has also filed an action against the employer, Lucky

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Store’s Inc., and Defendant’s counsel is willing to confer with Plaintiff’s new counsel regarding

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whether the matters are related.

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11.

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In Plaintiff’s complaint, he seeks damages for health care expenses, emotional pain and

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RELIEF

suffering, punitive damages, lost wages and benefits, reinstatement and cost of suit.

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12.

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An ADR phone conference has been scheduled by the ADR Program on June 17, 2013.

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13.

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Not applicable.

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14.

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Not applicable.

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15.

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Defendant’s counsel is willing to confer with Plaintiff’s new counsel regarding narrowing

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SETTLEMENT AND ADR

CONSENT TO MAGISTRATE JUDGE

OTHER REFERENCES

NARROWING OF ISSUES

of issues.

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16.

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Not applicable at this time.

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

EXPEDITED TRIAL PROCEDURE

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JOINT CASE MANAGEMENT STATEMENT (CASE NO. 13-CV-01192 LHK)

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17.

SCHEDULING

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Defendant’s counsel is willing to confer with Plaintiff’s counsel regarding litigation

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scheduling and proposes that the Court continue the case management conference to allow the

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parties to counsel to do so.

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See Number 17 above.

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None to disclose by Defendant.

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20.

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TRIAL

DISCLOSURE OF NON ENTITY, INTERESTED ENTITIES OR PERSONS

OTHER

Defendant has no other requests at this time.

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Dated: June 12, 2013

WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By:

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Attorneys for Defendant United Food &
Commercial Workers Union, Local 5

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/s/ Anne I. Yen
David A. Rosenfeld
Anne I. Yen

Dated: June 12, 2013

LAW OFFICES OF FRANK E. MAYO

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By:

/s/ Frank E. Mayo
Frank E. Mayo
Attorney for Plaintiff Humberto Arruda

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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JOINT CASE MANAGEMENT STATEMENT (CASE NO. 13-CV-01192 LHK)

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[PROPOSED] ORDER
The request to continue the case management conference in this matter is approved. The
July 24, 2013
parties shall appear for case management conference on ___________________ and shall file a
joint case management statement and proposed order no later than _______________.
July 17, 2013
IT IS SO ORDERED.

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Date: June 17, 2013

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United States District Court Judge Lucy H. Koh

133866/721075

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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JOINT CASE MANAGEMENT STATEMENT (CASE NO. 13-CV-01192 LHK)