Ohring v. UniSea Inc et al, No. 2:2021cv00359 - Document 41 (W.D. Wash. 2021)
Court Description: ORDER granting Parties' 40 Stipulated Motion Regarding Limited Stay of Action. Signed by Judge Thomas S. Zilly.(MW)
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Ohring v. UniSea Inc et al Doc. 41 Case 2:21-cv-00359-TSZ Document 41 Filed 08/05/21 Page 1 of 6 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 AMICHAI OHRING, individually and on behalf of others similarly situated, 12 13 14 15 Plaintiffs, STIPULATION AND ORDER REGARDING LIMITED STAY OF ACTION v. UNISEA, INC., and DOES 1 THROUGH 100, inclusive, Defendants. 16 17 CASE NO. 21-359 TSZ Pursuant to Local Rules W.D. Wash. LCR 16(b)(6) and 23(i)(3), Plaintiff Amichai 18 Ohring (“Plaintiff”) and Defendant UniSea, Inc. (“Defendant”) (collectively, “the Parties”) 19 hereby jointly stipulate as follows: 20 21 22 WHEREAS, on July 13, 2021, this Court issued an Order denying Defendant’s Motion to Compel Arbitration [Dkt. 34]; WHEREAS, on July 22, 2021, Defendant filed a notice of appeal of the Court’s order 23 24 25 denying Defendant’s Motion to Compel Arbitration [Dkt. 36] (“the Appeal”); WHEREAS, on July 22, 2021, Defendant filed with this Court a motion to stay this 26 litigation pending the resolution of the Appeal (“Motion to Stay”) [Dkt. 37]; STIPULATION AND ORDER REGARDING LIMITED STAY OF ACTION - 1 #5042734 v1 / 06930-054 Dockets.Justia.com Case 2:21-cv-00359-TSZ Document 41 Filed 08/05/21 Page 2 of 6 1 WHEREAS, Plaintiff’s position is that a stay should not be granted; 2 WHEREAS, on July 28, 2021, the Parties conducted a status conference before the Court, 3 wherein the Parties advised the Court that they were in the process of negotiating the terms of the 4 present stipulation; 5 WHEREAS, the Court accordingly struck the Motion to Stay without prejudice and also 6 struck the deadlines set forth on its Minute Order Setting Trial and Related Dates [Dkt. 35] for 7 completion of discovery on class certification issues and for any motions related to class 8 certification [Dkt. 39]; 9 WHEREAS, in order to streamline the proceedings in this matter and in recognition of the 10 fact that relevant evidence, including the availability of witnesses, could be affected by the passage 11 of time during the pendency of the Appeal, the Parties have conferred and agreed to a partial stay 12 of this matter that provides for limited discovery and related agreements while the Appeal is 13 pending. 14 NOW, THEREFORE, THE PARTIES HEREBY STIPULATE to the following: 15 This litigation will be stayed pending resolution of the Appeal with the following 16 exceptions: 17 1. If any of the following UniSea employees announce their intention to leave 18 employment with Defendant during the pendency of the Appeal, Defendant will 19 provide Plaintiff advance notice of said departure and make the witness(es) 20 available to Plaintiff for deposition: Ferdinand Lopez, Amelito Maglasang, and 21 Windy Yang. Should depositions of these witnesses take place, Defendant will be 22 provided the option to depose Plaintiff; 23 2. Defendant will produce all diagrams and blueprints of the UniSea plants where 24 members of the putative classes worked from March 16, 2018, to the present within 25 a reasonable time period not to exceed 30 days from the date the Court grants the 26 attached Order; STIPULATION AND ORDER REGARDING LIMITED STAY OF ACTION - 2 #5042734 v1 / 06930-054 Case 2:21-cv-00359-TSZ Document 41 Filed 08/05/21 Page 3 of 6 1 3. If, during the pendency of the Appeal, any changes are made to the location of items 2 within UniSea plants relevant to either class or merits issues in this litigation, 3 including but not limited to changing rooms, time clocks, and hand and boot 4 washing stations, Defendant will notify Plaintiff of the change and identify the 5 current location of said items and the location to which they will be moved; 6 4. Defendant’s counsel will obtain and preserve a complete sample set of all gear worn 7 by a seafood processing worker during the class period (March 16, 2018, to the 8 present, and continuing through the pendency of the litigation); 9 10 5. Defendant will maintain a list of all putative class members and their last known contact information, including mailing and email addresses; 11 6. Defendant will produce a limited set of two categories of documents responsive to 12 Plaintiff’s first set of document requests within a reasonable time frame. Defendant 13 will either produce these documents by August 6, 2021, or provide an update to 14 Plaintiff by August 6, 2021, as to when any unproduced documents will be 15 produced in the near future, not to exceed 30 days from the date the Court grants 16 the Order. This production will include: 17 a. Category 1: exemplars of the following document types for the class period: 18 contracts with employees, ADR documents, policies and procedures, 19 employee handbooks, job descriptions for the putative class positions, 20 generic recruiting information, and generic information regarding terms and 21 conditions of employment; and 22 b. Category 2: clock in/out data and financial data for Mr. Ohring only as well as Mr. Ohring’s personnel file; 23 24 7. Defendant will maintain payroll data for all putative class members from March 16, 25 2018 through the present and continuing for the pendency of the litigation. With 26 respect to payroll data for putative class members from March 16, 2018, through STIPULATION AND ORDER REGARDING LIMITED STAY OF ACTION - 3 #5042734 v1 / 06930-054 Case 2:21-cv-00359-TSZ Document 41 Filed 08/05/21 Page 4 of 6 1 January 2020 that was recorded by the predecessor payroll system, Defendant will, 2 no later than 30 days from the date the Court grants the Order, provide confirmation 3 to Plaintiff that it has recovered this data or, if the data has not yet been recovered, 4 the status of the recovery efforts, and, once recovered, will maintain it in a usable 5 format. 6 8. Each Party’s preservation obligations are unchanged by this Stipulation. 7 9. This Court maintains jurisdiction and authority to enforce the terms of this 8 9 10 Stipulation. 10. All remaining deadlines set forth on the Court’s Minute Order Setting Trial and Related Dates [Dkt. 35] are stricken. 11 11. Upon the issuance of the Ninth Circuit’s decision regarding Defendant’s Appeal, if 12 the Court retains jurisdiction and is directed to proceed with the case, the partial 13 stay agreed to in this Stipulation shall terminate and the parties shall meet and 14 confer regarding a reasonable timeline for completion of any remaining discovery 15 on class certification issues and to establish other deadlines in the case. 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 17 18 19 20 21 22 23 24 25 26 STIPULATION AND ORDER REGARDING LIMITED STAY OF ACTION - 4 #5042734 v1 / 06930-054 Case 2:21-cv-00359-TSZ Document 41 Filed 08/05/21 Page 5 of 6 1 DATED: August 3, 2021 2 /s/__Julie C. Erickson___________ /s/ J. Derek Little 3 ERICKSON KRAMER OSBORNE LLP Kevin Osborne, pro hac vice kevin@eko.law Julie Erickson, pro hac vice julie@eko.law Elizabeth Kramer, pro hac vice elizabeth@eko.law 182 Howard Street #736 San Francisco, CA 94105 Telephone: (415) 635-0631 Facsimile: (415) 599-8088 KARR TUTTLE CAMPBELL, P.S. THE ARNS LAW FIRM Shounak S. Dharap, pro hac vice ssd@arnslaw.com 515 Folsom St., 3rd Floor San Francisco, CA 94109 Tel: (415) 495-7800 Fax: (415) 495-7888 Attorneys for Defendant 4 5 6 7 8 9 10 11 12 13 14 18 ZWERLING, SCHACHTER & ZWERLING, LLP Henry Avery, WSBA #54086 havery@zsz.com 1904 Third Avenue, Suite 1030 Seattle, WA 98101 Telephone: (206) 223-2053 Facsimile: (206) 343-96360 19 Attorneys for Plaintiff 15 16 17 20 21 22 23 24 25 26 STIPULATION AND ORDER REGARDING LIMITED STAY OF ACTION - 5 #5042734 v1 / 06930-054 Richard J. Omata, WSBA #7032 J. Derek Little, WSBA #40560 Peter V. Montine, WSBA #49815 701 Fifth Avenue, Suite 3300 Seattle, Washington 98104 Telephone: (206) 223-1313 Email: romata@karrtuttle.com dlittle@karrtuttle.com pmontine@karrtuttle.com Case 2:21-cv-00359-TSZ Document 41 Filed 08/05/21 Page 6 of 6 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 3 DATED: August 5th, 2021 4 A 5 6 Thomas S. Zilly United States District Judge 7 8 9 10 11 Presented by: /s/ J. Derek Little KARR TUTTLE CAMPBELL, P.S. 12 Richard J. Omata, WSBA #7032 J. Derek Little, WSBA #40560 13 Peter V. Montine, WSBA #49815 701 Fifth Avenue, Suite 3300 14 Seattle, Washington 98104 Telephone: (206) 223-1313 15 Email: romata@karrtuttle.com dlittle@karrtuttle.com 16 pmontine@karrtuttle.com 17 18 Attorneys for Defendant 19 20 21 22 23 24 25 26 STIPULATION AND ORDER REGARDING LIMITED STAY OF ACTION - 6 #5042734 v1 / 06930-054
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