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Rick Delagarza, Individually v. Tesoro Refining and Marketing Company and Does 1 Through 20

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


August 16, 2012

RICK DELAGARZA, INDIVIDUALLY,
PAUL GUTIERREZ, SAL LUCIDO, APRIL MOORE, CHARLES GRIMMETT, ANTONIO GARCIA, AND
BRIAN CASHWELL, INDIVIDUALLY AND ON BEHALF OF ALL SIMILARLY SITUATED CURRENT AND FORMER ; EMPLOYEES, PLAINTIFFS,
v.
TESORO REFINING AND MARKETING COMPANY AND DOES 1 THROUGH 20, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Edward M. Chen

Assigned to the Hon. Edward M. Chen

NOTICE OF SETTLEMENT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

Marketing Company ("Tesoro") (collectively, the "Parties"), by and through their undersigned counsel, 4 hereby stipulate and agree as follows: 5 6 civil actions entitled Burgess v. Tesoro Refining and Marketing Co., USDC Case No. 10-cv-05870 DMG 7 (C.D. Cal.) ("Burgess") and United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied 8 Industrial & Service Workers International Union, AFL-CIO, CLC v. Shell Oil Company, Equilon 9 08-3693 RGK (Ex) (C.D. Cal.) ("USW"); (presiding judge in Burgess) for approval of the proposed global settlement; 14 15 and claims in this action and Burgess; 16

17 settlement and they anticipate that they will be finalizing the settlement agreements and meal period 18 agreements and filing a motion for final approval of the global settlement before Judge Gee within the 19 next 45 days; and 20 21 Pursuant to Civil L.R. 7-12, Plaintiffs Rick Delagarza, Paul Gutierrez, Sal Lucido, April Moore, Charles Grimmett, Antonio Garcia, and Brian Cashwell ("Plaintiffs") and Defendant Tesoro Refining and 3 WHEREAS, the Parties have reached a global settlement in principle of this action and two other Enterprises LLC dba Shell Oil Products US, and Tesoro Refining and Marketing Co., USDC Case No. 10

WHEREAS, the Parties desire that this action, Burgess, and USW be consolidated before the Honorable Dolly M. Gee of the United States District Court for the Central District of California 13

WHEREAS, the plaintiffs in Burgess have filed an amended complaint consolidating the parties

WHEREAS, the Parties are close to finalizing a memorandum of understanding of the global

WHEREAS, the Parties anticipate that, if the proposed global settlement is approved by Judge Gee within the next 120 days, Plaintiffs will be able to file a notice of dismissal of this action by the end 2 of January 2013. 23

THEREFORE, the Parties hereto stipulate and restfully request that the Court order that the case 2 management conference scheduled for August 21, 2012, at 10:30 a.m., be continued to February 5, 2013, 3 at 10:30 a.m., unless a notice of dismissal is filed, in which case the case management conference will be 4 taken off calendar. 5 6

DATED: August 14, 2012 SEYFARTH SHAW LLP 7 8 By /s/ Timothy Rusche Timothy M. Rusche 9 Attorneys for Defendant Tesoro Refining and Marketing Company 10 DATED: August 14, 2012 GILBERT & SACKMAN 11 A Law Corporation 12 13 By /s/ Linda Fang Jay Smith 14 Linda S. Fang Attorneys for Plaintiffs Rick Delagarza, Paul 15 Gutierrez, Sal Lucido, April Moore, Charles Grimmett, Antonio Garcia, and Brian Cashwell

PURSUANT TO STIPULATION, IT IS SO ORDERED that the case management conference currently set for August 21, 2012 shall be rescheduled for February 5, 2013, at 10:30 a.m., unless a notice 19 of dismissal is filed, in which case the case management conference will be taken off calendar. 20

CONSENT TO ELECTRONIC FILING

Pursuant to General Order 45, paragraph X.B, I hereby attest that Timothy M. Rusche, a 3 registered ECF user whose user ID and password will not be utilized in the filing of the foregoing 4 document, concurred in the filing. 5

DATED: August 14, 2012 GILBERT & SACKMAN 6 A Law Corporation

By /s/ Linda Fang Jay Smith Linda S. Fang Attorneys for Plaintiffs Rick Delagarza, Paul Gutierrez, Sal Lucido, April Moore, Charles Grimmett, Antonio Garcia, and Brian Cashwell

CERTIFICATE OF SERVICE

I, Linda S. Fang, certify that on August 14, 2012, the foregoing document entitled: was filed electronically in the Court's ECF; thereby upon completion the ECF system automatically 5 generated a "Notice of Electronic Filing" ("NEF") as service through CM/ECF to registered e-mail addresses of parties of record in the case, in particular on the following: 6 Timothy M. Rusche 7 trusche@seyfarth.com 8 William Dritsas wdritsas@seyfarth.com 9 Sara Poggi 10 spoggi@seyfarth.com 11 Kristen Agnew kagnew@seyfarth.com 12 I declare under penalty of perjury under the laws of the State of California that the foregoing is 13 true and correct. Executed on August 14, 2012, at Los Angeles, California. 14 /s/ Linda S. Fang Linda S. Fang

20120816

© 1992-2012 VersusLaw Inc.



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