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Rick Delagarza, Paul Gutierrez, Sal Lucido v. Tesoro Refining and Marketing Certification

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA -- SAN FRANCISCO


January 27, 2011

RICK DELAGARZA, PAUL GUTIERREZ, SAL LUCIDO, APRIL MOORE, AND CHARLES GRIMMETT, INDIVIDUALLY AND ON BEHALF OF ALL ASSIGNED FOR ALL PURPOSES TO HON. MARILYN HALL SIMILARLY SITUATED CURRENT AND FORMER EMPLOYEES, PATEL
PLAINTIFFS,
v.
TESORO REFINING AND MARKETING CERTIFICATION;
COMPANY AND DOES 1 THROUGH 20, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Marilyn Hall Patel IS United States District Judge

JOINT STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE AND DEADLINE TO FILE MOTIONS REGARDING CLASS [PROPOSED] ORDER

JOINT STIPULATION TO CONTINUE CMC AND DEADLINE TO FILE MOTIONS REGARDING CLASS CERTIFICATION

(collectively, "the Parties"), by and through their undersigned counsel, hereby stipulate as follows: file a third amended complaint and continue the deadline to file motions regarding class certification to 2011, and with motions to be heard on April 11, 2011, at 2:00 p.m. (Dkt. 78); or defended 10 depositions in another action currently pending in the U.S. District Court for the Central 10 VBF (PLAx), where the deadline to file motions regarding class certification is January 31, 2011; and managers of Tesoro, including Tesoro's former HR Manager, but scheduling conflicts and the trial 14 schedules of Tesoro's attorneys have created scheduling challenges; that he was taking emergency leave from Tesoro and wished to be dismissed from the lawsuit; motion for class certification that alleged differences among putative class members' job classifications, duties and responsibilities, and wage rates, as well as other alleged differences among the various work units at the refinery, including alleged differences between so-called "process" and "non-process" units, preclude class certification;

WHEREAS, Mr. Delagarza was the only named Plaintiff who worked in a "process" unit during the relevant statutory period and the only Plaintiff who worked as a Shift Safety Inspector, the remaining "process" units and as Shift Safety Inspectors, among other reasons; Pursuant to L.R. 6-2 and 7-12, Plaintiffs Rick Delagarza, Paul Gutierrez, Sal Lucido, April Moore, and Charles Grimmett, and Defendant Tesoro Refining and Marketing Company ("Tesoro") WHEREAS, on October 26, 2010, the Court granted the Parties' stipulation to allow Plaintiffs to February 14, 2011, with oppositions to be filed on March 14, 2011, and replies to be filed on March 28, WHEREAS, in December 2010 and January 2011, Plaintiffs' counsel and Tesoro's counsel took District of California, Burgess, et al. v. Tesoro Refining and Marketing Co., USDC WHEREAS, Plaintiffs have requested to depose approximately 10 representatives, supervisors, WHEREAS, on January 13, 2011, Plaintiff Rick Delagarza notified Plaintiffs' counsel by email WHEREAS, the remaining Plaintiffs anticipate that Tesoro will argue in opposition to Plaintiffs'

Plaintiffs wish to add a new named plaintiff to represent putative class members who work in the WHEREAS, Tesoro will not stipulate to allow Plaintiffs to add another plaintiff to the case, and Plaintiffs intend to file a motion to amend the complaint to add a plaintiff as soon as their counsel obtains 28 confirmation that Mr. Delagarza still wishes to be dismissed from the case;

WHEREAS, Plaintiffs' counsel has been summoned for jury duty in Pasadena, CA, the week of January 31, 2011, and she is unable to attend the further case management conference currently 3 scheduled for January 31, 2011, in San Francisco;

WHEREAS, there has been one other time modification in this case and the time modification to which the Parties stipulate herein will not adversely affect the schedule for the case.

NOW, THEREFORE, the Parties agree and stipulate that:

1. The further case management conference currently scheduled for January 31, 2011, at 3:00 p.m., shall be moved to February 28, 2011, at 3:00 p.m.;

2. The deadline for any motions regarding class certification shall be moved from February 14, 2011 to March 28, 2011;

3. The deadline for oppositions to any motions regarding class certification shall be moved from March 14, 2011 to April 25, 2011;

4. The deadline for replies to any motions regarding class certification shall be moved from March 28, 2011 to May 9, 2011; and

5. The hearing on any motions regarding class certification shall be moved from April 11, 2011, at 2:00 p.m. to May 23, 2011, at 2:00 p.m.

IT IS SO STIPULATED.

Dated: January 26, 2011

GILBERT & SACKMAN, A Law Corporation

By:

Linda S. Fang Attorneys for Plaintiffs Rick Delagarza, Paul Gutierrez, Sal Lucido, April Moore, Charles Grimmett

Dated: January 26, 2011 SEYFARTH SHAW LLP 23

By:

Timothy M. Rusche Attorneys for Defendant Tesoro Refining and Marketing Company A T S C E DIS T S TRI [PROPOSED] ORDER C D U T O PURSUANT TO STIPULATION ON PAGES 1-2, ABOVE, IT IS SO ORDERED. E R I ORDERED N SO T T IT

Patel N Marilyn R O Judge O

20110127

© 1992-2011 VersusLaw Inc.



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