Bickley v. Schneider National, Inc. et al, No. 3:2008cv05806 - Document 82 (N.D. Cal. 2011)
Court Description: ORDER GRANTING 80 Stipulation to Continue Dates: Motion to Amend the Pleadings is set for 6/17/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 3/25/11. (jjoS, COURT STAFF) (Filed on 3/25/2011)
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Bickley v. Schneider National, Inc. et al 1 2 3 4 5 6 7 8 9 Doc. 82 MARLIN & SALTZMAN LEAD COUNSEL [ATTORNEYS FOR DEDICATED AND INTERMODAL DRIVERS] Stanley D. Saltzman, Esq. (SBN 90058) Louis M. Marlin, Esq. (SBN 54053) Marcus J. Bradley, Esq. (SBN 174156) Christina A. Humphrey (SBN 226326) 29229 Canwood Street, Suite 208 Agoura Hills, California 91301 Telephone: (818) 991-8080 Facsimile: (818) 991-8081 ssaltzman@marlinsaltzman.com louis.marlin@marlinsaltzman.com mbradley@marlinsaltzman.com chumphrey@marlinsaltzman.com 14 HAGENS BERMAN SOBOL SHAPIRO [LEAD COUNSEL FOR REGIONAL DRIVERS] Steve W. Berman, Esq. Lee M. Gordon, Esq (SBN 174168) 700 S. Flower Street, Suite 2940 Los Angeles, California 90017-4101 Telephone: (213) 330-7150 Facsimile: (213) 330-7152 Steve@hbsslaw.com Lee@hbsslaw.com 15 Attorneys for Plaintiffs 16 (Additional Plaintiffs’ counsel on next page) 10 11 12 13 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA CASE NO. 3:08-cv-05806-JSW ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) SCHNEIDER NATIONAL CARRIERS, ) INC., a Nevada corporation, and DOES 1 to ) ) 10, inclusive, ) ) Defendants. ____________________________________ ) ) 19 MORRIS BICKLEY, MICHAEL D. PATTON, RAYMOND GREWE, and 20 DENNIS VANHORN, individually and on behalf of themselves, all others similarly 21 situated, and the general public, 22 23 24 25 26 27 CLASS ACTION (FRCP 23) ORDER ON STIPULATION TO CONTINUE DATES Complaint Filed: Trial Date: 11/25/08 June 6, 2011 28 1 CASE NO. 3:08-CV-05806 JSW STIPULATION TO CONTINUE DATES Dockets.Justia.com 1 Additional Plaintiffs’ Counsel 2 THE CULLEN LAW FIRM, APC Paul T. Cullen, Esq. (SBN 193575) 3 29229 Canwood Street, Suite 208 Agoura Hills, California 91301-1555 4 Telephone: (626) 744-9125 Facsimile: (626) 744-9436 5 paul@cullenlegal.com; pat@cullenlegal.com 6 LAW OFFICES OF PETER M. HART Peter M. Hart, Esq. (SBN 198691) 7 13952 Bora Bora Way, F-320 Marina Del Rey, California 90292 8 Telephone: (310) 478-5789 Facsimile: (509) 561-6441 9 hartpeter@msn.com 10 LAW OFFICES OF KENNETH H. YOON Kenneth H. Yoon, Esq. (SBN 198443) 11 One Wilshire Boulevard, Suite 2200 Los Angeles, California 90017 12 Telephone: (213) 612-0988 Facsimile: (213) 947-1211 13 kyoon@yoon-law.com 14 LAW OFFICE OF ERIC HONIG Eric Honig, Esq. (SBN 140765) 15 P.O. Box 10327 Marina Del Rey, California 90295 16 Telephone: (310) 314-2603 Facsimile: (310) 314-2793 17 erichonig@aol.com 18 HAGENS BERMAN SOBOL SHAPIRO Steve W. Berman, Esq. 19 1918 Eighth Avenue, Suite 3300 Seattle, Washington 98101 20 Telephone: (206) 623-7292 Steve@hbsslaw.com 21 REHWALD GLASNER & CHALEFF 22 William Rehwald, Esq. (SBN 51396) Lawrence Glasner, Esq. (SBN 142677) 23 Daniel Chaleff, Esq. (SBN 173028) 5855 Topanga Canyon Blvd., Suite 400 24 Woodland Hills, California 91367 Telephone: (818) 703-7500 25 DChaleff@rehwaldlaw.com 26 27 28 2 CASE NO. 3:08-CV-05806 JSW STIPULATION TO CONTINUE DATES 1 Plaintiffs MORRIS BICKLEY, MICHAEL D. PATTON, RAYMOND GREWE, and 2 DENNIS VANHORN, individually, and on behalf of themselves, all others similarly situated, and 3 the general public (collectively hereinafter “Plaintiffs”) and Defendants SCHNEIDER 4 NATIONAL CARRIERS, INC., a Nevada corporation (hereinafter “Defendants”), hereby 5 stipulate and agree as follows: 6 WHEREAS, on November 25, 2008, Plaintiff MORRIS BICKLEY, on behalf of himself 7 and all others similarly situated, filed this class action lawsuit in the United States District Court 8 for the Northern District of California; 9 WHEREAS, on February 11, 2009, Plaintiff MICHAEL D. PATTON, on behalf of 10 himself and all others similarly situated, filed a class action lawsuit in the United States District 11 Court for the Central District of California, Patton v. Schneider National, Inc., et. al., Case No. 12 CV09-1010-MMM, which was premised on similar and, in many respects, identical issues; 13 WHEREAS, the parties stipulated to the transfer to the United States District Court for 14 the Northern District of California of the Patton action and to agree to the consolidation of the 15 Patton action with the Bickley action; 16 WHEREAS, on December 10, 2009, this Court signed a stipulated Order permitting 17 Plaintiffs BICKLEY and PATTON to file a Consolidated First Amended Complaint, and pursuant 18 to that Order, on January 12, 2010, Plaintiffs BICKLEY and PATTON filed their First Amended 19 Consolidated Complaint; 20 WHEREAS, on January 21, 2010, the parties jointly moved to amend the scheduling 21 order in light of the consolidation of the Bickley and Patton cases, and this Court granted the 22 parties’ joint motion through an Order entered on January 25, 2010; 23 WHEREAS, on May 21, 2010, Plaintiffs GREWE, KABEL, and VANHORN, on behalf 24 of themselves and all others similarly situated, filed a class action lawsuit in the United States 25 District Court for the Northern District of California, CV-10-2208-EDL, which was premised on 26 some of the same or similar issues, as well as an Administrative Motion to Consider Whether the 27 Cases Should be Related; 28 WHEREAS, on June 7, 2010, this Court issued an Order relating the Bickley-Patton 3 CASE NO. 3:08-CV-05806 JSW STIPULATION TO CONTINUE DATES 1 consolidated action, C 08-05806 JSW, to the Grewe action, C 10-02208 EDL; 2 WHEREAS, on June 14, 2010, Defendants filed a Motion to Dismiss, Stay, or 3 Consolidate the Grewe case; 4 WHEREAS, on July 20, 2010, this Court ordered that the Bickley-Patton consolidated 5 action, case no. C 08-05806 JS, be consolidated with the Grewe action, case no. C 10-02208 EDL 6 for all purposes, and ordered that the parties meet and confer and submit a stipulation no later 7 than September 3, 2010, regarding the pre-trial schedule and continuing deadlines; 8 WHEREAS, on September 9, 2010, this Court signed the parties’ stipulation to continue 9 dates for the pre-trial schedule; 10 WHEREAS, since the entry of the last stipulated dates, the parties have been 11 continuously engaged engaged in discovery, preparing for class certification briefing, and overall 12 continuously litigating the case, including the following: 13 a. Defendant’s production of two “employee lists” - one for dedicated and intermodal 14 drivers represented by the Marlin & Saltzman group and another for regional drivers represented 15 by Hagens Berman - to the claims administrator, following which an agreed-upon Bel-Aire West 16 notice was sent to drivers on both lists; 17 b. Plaintiffs’ subsequently mailed pre-certification letters to those drivers on the 18 “employee lists” who did not send an opt-out post-card pursuant to the agreed upon Belaire-West 19 procedure; 20 c. The parties have engaged in extensive requests for and responses to written 21 discovery including three sets of requests for production, three sets of interrogatories, and 22 numerous productions of documents and electronic data, including the production of multiple 23 documents and electronic data; 24 d. Two and a half weeks of depositions occurring in Greenbay, WI (defendant’s 25 corporate headquarters)- one week occurring the week of November 02, 2010, which included 26 depositions of six (6) witnesses, and another week and a half round occurring the week of 27 February 21, 2010, which included depositions of seven (7) witnesses. 28 e. Briefing on Plaintiffs’ Motion to Quash thirteen (13) subpoenas issued by 4 CASE NO. 3:08-CV-05806 JSW STIPULATION TO CONTINUE DATES 1 Defendant to the four proposed representative Plaintiffs’ employers, which has been submitted 2 and still pending for ruling before Magistrate Judge James Larson; 3 WHEREAS, in addition to the above, on December 31, 2009, another putative class 4 action was filed against Schneider National Carriers, Inc. in the Central District of California 5 entitled Beaudoin v. Schneider National Carriers, Inc., Case No. CV-10-004975. 6 WHEREAS, on October 13, 2010, the Plaintiff in the Beaudoin action filed a Motion 7 of Plaintiff for Transfer of Action to the Northern District of California Pursuant to 28 U.S.C. 8 §1407 for Coordinated or Consolidated Pretrial Proceedings; 9 WHEREAS, on November 8, 2010, the parties all jointly filed an Opposition to the 10 Beaudoin Motion of Plaintiff for Transfer of Action to the Northern District of California 11 Pursuant to 28 U.S.C. §1407 for Coordinated or Consolidated Pretrial Proceedings; 12 WHEREAS, on January 27, 2011, the parties attended oral argument regarding the 13 Beaudoin motion to transfer before the United States Judicial Panel on Multi-District Litigation in 14 New Orleans, LA; 15 WHEREAS, on February 4, 2011, the United States Judicial Panel issued an order 16 denying transfer of the Beaudoin action to the Northern District; 17 WHEREAS, the Beaudoin matter has now been ordered stayed by Central District Court 18 Judge King; 19 WHEREAS, the parties have worked diligently to resolve outstanding discovery issues 20 in this case, though there remain certain outstanding discovery issues that may require Court 21 intervention prior to completion of class discovery; which deadline is currently set for May 2, 22 2011, and which require the parties to file discovery motions by March 28, 2011, to comply with 23 the 35 days notice requirement; 24 WHEREAS, Plaintiffs plan to amend the complaint (namely, the class definition and to 25 add a representative plaintiff), which motion hearing deadline is currently set for May 6, 2011, 26 and which requires the Plaintiffs to file a motion to amend the complaint by April 1, 2011, but 27 Plaintiffs cannot do so until an outstanding discovery issue is resolved, and Plaintiffs receive the 28 necessary data from Defendant to examine for purposes of amending the class definition; 5 CASE NO. 3:08-CV-05806 JSW STIPULATION TO CONTINUE DATES 1 WHEREAS, Defendant anticipates taking the depositions of the proposed representative 2 Plaintiffs, and has propounded Requests for Production of Documents to the Plaintiffs, which are 3 outstanding, and not due until the end of April; 4 WHEREAS, while the parties have been working diligently to resolve all discovery 5 issues, propel the litigation forward, and move toward briefing on class certification, the parties 6 need additional time to resolve outstanding issues and complete all pre-certification discovery 7 work-up, and have been working on a broader stipulation to continue certain pre-trial dates for 8 presentation to this Court; 9 WHEREAS, the parties were unable to reach an agreement regarding an overall 10 stipulation to continue pre-trial dates, and agree that both parties would be better served if a 11 discussion could be had with the Court regarding pre-trial dates at the case management 12 conference currently scheduled for April 1, 2011; 13 WHEREAS, the parties intend to set forth their respective positions regarding the existing 14 pre-trial dates in a joint case management conference statement, and would like the opportunity to 15 discuss with the Court their issues more extensively at the case management conference currently 16 scheduled for April 1, 2011; 17 WHEREAS, in the meantime, the parties agree that an interim stipulation would serve 18 the interests of both parties to relieve the parties from having to request ex-parte relief as to 19 outstanding discovery issues prior to the case management conference scheduled for April 1, 20 2011; 21 WHEREAS, given that Defendant Schneider is awaiting Plaintiffs’ motion to further 22 amend their class definitions and to add another class representative, Schneider has entered into 23 this agreement and seeks to address scheduling issues further with the Court at the April 1, 2011 24 Case Management Conference to ensure that Schneider has sufficient time to oppose the motion 25 (if necessary), and to take and enforce (if necessary) adequate discovery on the new allegations 26 prior to a certification motion, as well as related discovery issues; 27 WHEREAS, the parties agree that removing the existing date for class certification 28 discovery cutoff - May 02, 2011, from calendar would better serve both parties’ interests in 6 CASE NO. 3:08-CV-05806 JSW STIPULATION TO CONTINUE DATES 1 resolving discovery issues and propelling the litigation forward; 2 WHEREAS, given that Plaintiffs are awaiting further discovery responses prior to 3 moving to amend the Consolidated Third Amended Complaint, the parties agree to move the 4 existing date for final hearing on Motions to Amend the Pleadings by one week from May 6, 5 2011, to May 13, 2011; 6 NOW, THEREFORE, the parties request the following dates be removed and/or 7 continued: 8 1. 9 removed from this Court’s September 9, 2010, Order Stipulation to Continue 10 11 12 The existing date for class certification discovery cutoff - May 2, 2011, be Dates; 2. The last day to hear motions to amend the pleadings be continued from May 6, 2011, to May 13, 2011. 13 14 DATED: March 22, 2011 15 16 17 MARLIN & SALTZMAN THE CULLEN LAW FIRM LAW OFFICES OF PETER M. HART LAW OFFICES OF KENNETH H. YOON LAW OFFICE OF ERIC HONIG HAGENS BERMAN SOBOL SHAPIRO REHWALD GLASNER & CHALEFF 18 19 By: ______/s/__________________________ Christina A. Humphrey, Esq. of Marlin & Saltzman Attorneys for Plaintiffs 20 21 22 DATED: March 22, 2011 23 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 24 25 26 By: ______/s/__________________________ Michael Nader, Esq. Attorneys for Defendants 27 28 7 CASE NO. 3:08-CV-05806 JSW STIPULATION TO CONTINUE DATES 1 2 CERTIFICATE OF SERVICE I hereby certify that on March 22, 2011, I filed the foregoing with the Clerk of the Court 3 using the CM/ECF system which will send notification of such filing to the email addresses 4 registered, as denoted on the attached Electronic Mail Notice List. I hereby certify that I have 5 mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF 6 participants indicated on the attached Manual Notice List. 7 8 /S/ Christina A. Humphrey Christina A. Humphrey 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 CASE NO. 3:08-CV-05806 JSW STIPULATION TO CONTINUE DATES ORDER 1 2 Pursuant to the stipulation of the parties to continue dates, the Court ORDERS as follows: 3 1. The existing date for class certification discovery cutoff - May 2, 2011, is vacated 4 and will be reset at the April 1, 2011 case management conference. The parties 5 must propose a new cutoff date for class certification discovery in the joint case 6 management conference statement; 7 2. 2011, to June 17, 2011. 8 9 10 The last day to hear motions to amend the pleadings be continued from May 6, 3. Any further stipulations or motions to change time must be accompanied by a proposed order and declaration pursuant to Civil Local Rules 6-2 and 6-3. 11 12 IT IS SO ORDERED. 13 Dated: March 25, 2011 14 15 _________________________________ JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 9 CASE NO. 3:08-CV-05806 JSW STIPULATION TO CONTINUE DATES
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