Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Rick Delagarza, Individually, and Paul Gutierrez, Sal Lucido, April Moore v. Tesoro Refining and Marketing Company and Does 1 Through 10

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


March 28, 2011

RICK DELAGARZA, INDIVIDUALLY, AND PAUL GUTIERREZ, SAL LUCIDO, APRIL MOORE, CHARLES GRIMMETT, ANTONIO GARCIA, ASSIGNED FOR ALL PURPOSES TO HON. MARILYN HALL AND BRIAN CASHWELL, INDIVIDUALLY AND ON PATEL BEHALF OF ALL SIMILARLY SITUATED CURRENT AND FORMER EMPLOYEES,
PLAINTIFFS,
v.
TESORO REFINING AND MARKETING COMPANY AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

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

JAY SMITH (CA Bar No. 166105) (Email: js@gslaw.org) LINDA S. FANG (CA Bar No. 240245) (Email: lfang@gslaw.org) GILBERT & SACKMAN A LAW CORPORATION 3699 Wilshire Boulevard, Suite 1200 Los Angeles, California 90010 Tel: (323) 938-3000, Fax: (323) 937-9139 RICHARD P. ROUCO (pro hac vice) (Email: rrouco@wdklaw.com) WHATLEY DRAKE & KALLAS, LLC 2001 Park Place North 8 Birmingham, Alabama 35203 Tel: (205) 328-9576, Fax: (205) 328-9669 Attorneys for Plaintiffs Rick Delagarza, Paul Gutierrez, Sal Lucido, April Moore, Charles Grimmett, Antonio Garcia, and Brian Cashwell WILLIAM J. DRITSAS (CA Bar No. 97523) (Email: wdritsas@seyfarth.com) SEYFARTH SHAW LLP 560 Mission Street, 31st Floor San Francisco, California 94105 Tel: (415) 397-2823, Fax: (415) 397-8549 TIMOTHY M. RUSCHE (CA Bar No. 230036) (Email: trusche@seyfarth.com) SEYFARTH SHAW LLP 333 South Hope Street, Suite 3900 Los Angeles, California 90071 Tel: (213) 270-9662, Fax: (310) 201-5219 Attorneys for Defendant Tesoro Refining and Marketing Company

JOINT STIPULATION TO CONTINUE CLASS CERTIFICATION MOTION BRIEFING SCHEDULE; [PROPOSED] ORDER

Marketing Company ("Tesoro") (collectively, "the Parties"), by and through their undersigned counsel, 4 hereby stipulate as follows: meet and confer regarding outstanding discovery;

Pursuant to L.R. 6-2 and 7-12, Plaintiffs Rick Delagarza, Paul Gutierrez, Sal Lucido, April Moore, Charles Grimmett, Antonio Garcia, and Brian Cashwell, and Defendant Tesoro Refining and

WHEREAS, at the Case Management Conference on March 7, 2011, the Court ordered counsel to

WHEREAS, counsel met and conferred on March 7, 2011 and continuing thereafter and, on

March 11, 2011, reached agreement regarding the scope of production of additional documents; 2011, and intends to produce additional documents by March 22, 2011;

believe that they will need at least 10 days, from the date of receipt, to be able to review the additional 13 documents produced by Tesoro and incorporate them into their class certification motion, which is 14 currently scheduled to be filed on March 28, 2011;

WHEREAS, because many of the additional documents that have or will be produced by Tesoro may be subject to the stipulated protective order that has been entered in this case (Dkt. 81), as well as the Court's Order modifying the stipulated protective order (Dkt. 81-1), Plaintiffs will need an additional 10 18 days to meet and confer with Tesoro regarding the documents that should be filed under seal and to 19 prepare and file, pursuant to L.R. 79-5 and 7-11, an administrative motion to file documents under seal; 20

WHEREAS, Tesoro intends to seek the depositions of individuals from whom Plaintiffs submit declarations in support of their motion for class certification-whose identities are not yet known to 22 Tesoro believes it needs additional time to conduct such depositions before filing its opposition; 24 and Brian Cashwell, new plaintiffs added to the lawsuit pursuant to the third and fourth amended 26 complaints; and 27 to which the Parties stipulate herein will not adversely affect the schedule for the case.

WHEREAS, Tesoro produced additional documents to Plaintiffs' counsel on March 16 and 18,

WHEREAS, Plaintiffs have not yet received the documents produced on March 18 or 22 and they Tesoro-and because Plaintiffs have indicated they are likely to file approximately 15 such declarations,

WHEREAS, Tesoro has not yet had the opportunity to conduct the depositions of Antonio Garcia

WHEREAS, there have been four other time modifications in this case and the time modification

NOW, THEREFORE, the Parties agree and stipulate that:

1. The deadline for any motions regarding class certification shall be moved from March 28, 2011, to April 18, 2011;

2. The deadline for oppositions to any motions regarding class certification shall be moved from April 25, 2011 to June 13, 2011;

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

4. The hearing on any motions regarding class certification shall be moved from May 23, 2011, at 2:00 p.m. to July 18, 2011, at 2:00 p.m.

IT IS SO STIPULATED.

E R Hon. Marilyn

N IT IS SO ORDERED U A

I

T Hall Patel T

I N

N Marilyn H. Patel R

O Judge O

R I

F

T

H A

L

E

RN F C

T

DIS RICT O

20110328

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.