Allen et al v. County of Monterey et al

Filing 34

ORDER VACATING CASE MANAGEMENT CONFERENCE SET FOR 3-20-2014 AND CONTINUING TO MAY 7, 2014 AT 2PM Signed by Judge Lucy Koh on 3/14/2014. (lhklc2S, COURT STAFF) (Filed on 3/14/2014)

Case5:13-cv-01659-LHK Document32 Filed03/13/14 Page1 of 3

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Harry S. Stern (State Bar No. 176854)
Peter A. Hoffmann (State Bar No. 254354)
RAINS LUCIA STERN, PC
2300 Contra Costa Blvd., Suite 500
Pleasant Hill, California 94523
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

CHARLES J. McKEE (SBN 152458)
County Counsel
JANET L. HOLMES (SBN 107639)
Deputy County Counsel
Office of the County Counsel
County of Monterey
168 W. Alisal Street, Third Floor
Salinas, California 93901-2653
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

Joshua Konecky (State Bar No. 182897)
[e-mail]
SCHNEIDER WALLACE
COTTRELL KONECKY LLP
180 Montgomery Street, Suite 2000
San Francisco, CA 94104
Telephone: [phone]

ATTORNEYS FOR DEFENDANT,
COUNTY OF MONTEREY

ATTORNEYS FOR PLAINTIFFS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAWN ALLEN, JEFF BOLES, ROGER
MCRAE, on behalf of themselves and all others
similarly situated,

Case No. CV 13-01659LHK
JOINT CASE MANAGEMENT
STATEMENT, NOTICE OF PENDING
SETTLEMENT, REQUEST FOR
CONTINUANCE AND [PROPOSED]
ORDER

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Plaintiffs,
v.
COUNTY OF MONTEREY, and DOES 1-50.

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[Fed. R. Civ. P. 26(f), Civ.L.R. 16-9]
Defendants.
Conference Date: March 20, 2014
Time: 2:00 p.m.
Place: Courtroom 8, 4th Floor
The Honorable Lucy H. Koh

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JOINT CASE MANAGEMENT STATEMENT, NOTICE OF PENDING SETTLEMENT, REQUEST FOR CONTINUANCE AND [PROPOSED] ORDER

CASE NO. CV 13-01659LHK

Case5:13-cv-01659-LHK Document32 Filed03/13/14 Page2 of 3

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The parties to the above-entitled action jointly submit this Case Management Statement, Notice
of Pending Settlement, Request for Continuance and Proposed Order.
This is an action under the Fair Labor Standards Act alleging that Defendant County of

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Monterey failed to accurately calculate and pay all overtime due to probation officers and juvenile

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institution officers. The parties’ previous Joint Case Management Conference Statement [doc 29]

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provides an overview of the claims and issues raised by the case.

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Since the last Case Management Conference of October 30, 2013, the parties have reached a

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comprehensive settlement through the assistance of the Court appointed mediator, Allen R. Berkowitz.

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Counsel has completed drafting the formal settlement documents, which are now with the parties for

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their final review and signature. As part of the settlement, the parties have stipulated to the filing of an

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amended complaint that will align the claims in the operative pleadings with the claims addressed by the

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settlement. The parties will then request that the amended complaint be dismissed upon review of the

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settlement agreement by the Court. Although this is not a class action subject to FRCP 23(e), the parties

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intend to file a complete copy of the entire settlement agreement along with the stipulated amended

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complaint and request for dismissal, once the settlement agreement has been signed by all parties.

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Counsel anticipate that the settlement documentation will be finalized within fourteen (14)

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days of the submission of this case management conference statement and request that the Court

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continue the case management conference for fourteen (14) or more days to facilitate this process.

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Respectfully submitted,

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DATED: _March 13, 2014

By:

/s/
Joshua Konecky
Attorneys for Plaintiffs

DATED: __March 13, 2014

By:

/s/
Janet Holmes, Deputy County Counsel
Attorneys for Defendant, County of Monterey

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Joint Case Management Statement, Notice of Pending Settlement, Request for Continuance and [proposed] Order

Case No. CV 13-01659LHK

Case5:13-cv-01659-LHK Document32 Filed03/13/14 Page3 of 3

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CASE MANAGEMENT ORDER

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To permit the parties to finalize and file settlement documents, the Case Management
May 7, 2014 at 2p.m.
Conference set for March 20, 2014 is hereby continued to ________________, 2014.

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IT IS SO ORDERED.
Dated:

3/14/2014
THE HONORABLE LUCY H. KOH
UNITED STATES DISTRICT JUDGE

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Joint Case Management Statement, Notice of Pending Settlement, Request for Continuance and [proposed] Order

Case No. CV 13-01659LHK