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Vasquez v. Panella Trucking

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO


November 23, 2010

DANIEL VASQUEZ, ON HIS OWN BEHALF AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED PERSONS PURSUANT TO F.R.C.P. 23 AND 23 U.S.C. § 216, AND ON BEHALF OF THE GENERAL PUBLIC, PLAINTIFFS,
v.
PANELLA TRUCKING, L.L.C., A CALIFORNIA LIMITED LIABILITY CORPORATION, DEFENDANT.

The opinion of the court was delivered by: The Honorable John A. Mendez U.S. District Court Judge

STIPULATION AND ORDER RE EXTENSION OF CLASS BRIEFING SCHEDULE Judge: Hon. John A. Mendez Courtroom: 6, 14th Floor Complaint Filed: October 13, 2009 Trial Date: No date set

THIS STIPULATION AND PROPOSED ORDER REGARDING CLASS BRIEFING SCHEDULE is made by and entered into between Plaintiff Daniel Vasquez ("Plaintiff") and Defendant Panella Trucking, LLC ("Defendant").

WHEREAS, the parties have previously agreed to explore the possibility of settlement in this case;

WHEREAS, on July 30, 2010, the Court amended its May 7, 2010 Minute Order (Docket No. 24) to require that Plaintiff file a Motion for Certification on or before December 29, 2010 and to notice the Motion for hearing on January 26, 2011 at 9:30 a.m. (Docket No. 27);

WHEREAS, these settlement discussions have initially resulted in narrowing the case to the applicable relevant putative class and former named Plaintiff Wayne Cuthill dismissing his claims;

WHEREAS, in furtherance of the parties' settlement discussions, Defendant has produced documents related to Panella Trucking drivers similarly situated to Daniel Vasquez on September 30, 2010 to Plaintiff and his counsel for the purpose of evaluating the putative class' claims;

WHEREAS, Defendant continues to supplement the information already provided to Plaintiff and his counsel so that the parties can engage in continued, meaningful, and comprehensive settlement negotiations;

WHEREAS, Plaintiff and Defendant have been engaging in and continue to engage in settlement discussions;

WHEREAS, Plaintiff and Defendant believe that it be prudent to save the parties' and the Court's resources and time by extending the deadlines set in the July 30, 2010 Minute Order (Docket No. 27), so that the parties may fully and adequately explore the possibility of settlement in this case with a complete and accurate record;

WHEREAS, the parties have conferred and believe that an approximate 3 month extension of the above dates as set forth in July 30, 2010 Minute Order (Docket No. 27) is reasonable and necessary to provide the parties with adequate time to engage in meaningful settlement discussions and to determine if settlement of the matter is possible;

WHEREFORE, IT IS NOW HEREBY STIPULATED AND AGREED that:

1. Any motion for class certification by Plaintiffs be filed by April 6, 2011;

2. Any corresponding Opposition and Reply briefs be filed in accordance Local Rule 230;

3. The hearing on any motion for class certification filed by Plaintiffs shall be heard on May 4, 2011 at 9:30 a.m.; and

4. This Stipulation and Order is subject to revocation and modification by order of the Court, upon written stipulation of the parties, or upon motion and reasonable notice.

IT IS SO STIPULATED

DATED: November 23, 2010

IT IS SO ORDERED AS MODIFIED BY THE COURT:

ATTESTATION OF CONCURRENCE

I hereby attest that concurrence in the filing of this document has been obtained from each of the signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing declaration is true and correct to the best of my personal knowledge.

Executed this 23rd day of November 2010, in San Francisco, California.

20101123

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