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Terrell Jones, A California Resident v. Agilysys

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 26, 2012

TERRELL JONES, A CALIFORNIA RESIDENT;
MICHAEL JOHNSON, A FLORIDA RESIDENT;
DERRICK PAIGE, A TEXAS RESIDENT;
WILFREDO BETANCOURT, A NEVADA RESIDENT; YOLANDA MCBRAYER, A FORMER ;
COLORADO RESIDENT; AND MICHAEL PIERSON, A NORTH CAROLINA RESIDENT, INDIVIDUALLY, AND ON
BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
AGILYSYS, INC. AN OHIO CORPORATION;
AGILYSYS NV, LLC, A DELAWARE LIMITED 25 LIABILITY COMPANY; AND DOES 1 THROUGH 100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Saundra Brown Armstrong United States District Court Judge

JOINT STIPULATION AND MOTION TO STAY MATTER AND TOLL FLSA CLAIMS [PROPOSED] ORDER Date Action Filed: July 6, 2012

"Defendants"), and Michael D. Singer, lead attorney for Plaintiffs Terrell Jones, Michael Johnson, 4 Derrick Paige, Wilfredo Betancourt, and Yolanda McBrayer, submit the following stipulation 5 and [proposed] order regarding staying the case and tolling class claims.

Collective and Class Action Complaint for Damages and Injunctive Relief in the United States 9

WHEREAS, on July 25, 2012, the Parties jointly stipulated to extend Agilysys' deadline to file a response to the Complaint from July 27, 2012, to August 26, 2012. (ECF No. 5.)

Order setting an Initial Case Management Conference for October 10, 2012, at 3:00 p.m. (ECF 15

WHEREAS, on August 9, 2012, Plaintiffs filed a First Amended Collective and Class Action Complaint for Damages and Injunctive Relief ("FAC"). (ECF No. 9.) 18

19 and substance of the allegations in the FAC. Agilysys informed Plaintiffs that it was 20 contemplating filing a motion to dismiss and/or strike portions of the FAC. To avoid unnecessary 21 motion practice, the Parties agreed to informally exchange information and further discuss the 22 scope and substances of the allegations in the FAC. 23 Pursuant to Rules 6-1(b), 6-2, 7-12 and 16 of the Northern District Civil Local Rules, Francis J. Ortman III, attorney for AGILYSYS, INC. and AGILYSYS NV, LLC (collectively 3

WHEREAS, on July 6, 2012, plaintiffs Terrell Jones, Michael Johnson, Derrick Paige,

Wilfredo Betancourt, Yolanda McBrayer, and Michael Pierson (collectively, "Plaintiffs") filed a 8

District Court for the Northern District of California. (ECF No. 1.)

WHEREAS, on July 27, 2012, the case was reassigned to Judge Hon. Saundra Brown

Armstrong. (ECF No. 7.) On July 30, 2012, the Court issued a Case Management Scheduling 14 No. 8.)

WHEREAS, on or about August 22, 2012, the Parties met and conferred about the scope

WHEREAS, on August 23, 2012, the Parties filed a Joint Stipulation and Motion to

Extend Time to File A Responsive Pleading to the First Amended Complaint, in which they 25 requested that the Court extend Agilysys' deadline to file a response to the First Amended 26

Complaint from August 25, 2012, to September 26, 2012. (ECF No. 10.) 27 28

Agilysys' response deadline to September 26, 2012. (ECF No. 11.) 4

5 substance of the allegations in the FAC, the Parties thereafter agreed that more time was needed 6 to exchange information and discuss these matters in an effort to avoid unnecessary motion 7 practice. 8

9 agreed to jointly request that the Court continue the Initial Case Management Conference to 10

November 14, 2012, or as soon thereafter as would be convenient for the Court, along with all 11 associated Rule 26 deadlines. The Parties believed that it would better serve judicial efficiency to 12 conduct the Case Management Conference after Agilysys had filed a response to the Complaint. 13

WHEREAS, on September 5, 2012, the Court granted the Parties' Joint Stipulation and

Motion to Extend Time to File a Responsive Pleading to the First Amended Complaint, extending 3

WHEREAS, despite their diligent efforts to meet and confer about the scope and

WHEREAS, on September 18 and 19, 2012, the Parties met and conferred and further

WHEREAS On September 19, 2012, the Parties filed a Joint Stipulation and Motion to

Extend Time to File A Responsive Pleading to the First Amended Complaint, in which they 15 requested that the Court extend Agilysys' deadline to file a response to the First Amended 16

WHEREAS On September 21, 2012, the Court granted the Parties' Joint Stipulation and

Motion to Extend Time to File a Responsive Pleading to the First Amended Complaint, extending 19

WHEREAS On October 23, 2012 the Parties met and conferred and agreed to participate

21 in additional informal discovery and mediation to be completed by February of 2013. The parties 22 believe that this matter may be amenable to informal resolution. The parties further agreed to 23 jointly request that the Court stay all proceedings and continue the Initial Case Management 24

Conference along with all associated Rule 26 deadlines and toll Plaintiffs' FLSA claims until 25 thirty (30) days after the completion of mediation. The Parties believed that it would better serve 26 judicial efficiency to conduct the Case Management Conference after Agilysys had filed a 27 response to the Complaint. 28 Complaint from September 26, 2012, to October 26, 2012. (ECF No. 12.)

Agilysys' response deadline to October 26, 2012. (ECF No. 13.) 20

NOW THEREFORE, the parties hereby stipulate and agree, as follows:

1. All proceedings in this action shall be stayed upon entry of this Order by the Court until March 15, 2013;

2. The parties agree that the case management conference scheduled for December 6, 2012 is unnecessary in light of the above, and therefore jointly request that this Court continue the 6 Initial Case Management Conference to a date convenient for the court after March 15, 2013. 7

The parties further agree that all Rule 26 Meet and Confer deadlines should be continued and re-8 calendared based on the date of the rescheduled Initial Case Management Conference. 9

3. The parties agree that the statute of limitations on Plaintiffs' FLSA claims is tolled for the duration of the stay.

DATED: October 25, 2012 Respectfully submitted, 14 SEYFARTH SHAW LLP 13 15 16 By: /s/ Francis J. Ortman III Francis J. Ortman III Attorneys for Defendants 17 18 AGILYSYS, INC., and AGILYSYS NV., LLC DATED: October 25, 2012 Respectfully submitted, 20 COHELAN KHOURY & SINGER 21 22 By: /s/ Michael D. Singer 23 Michael D. Singer 24 Attorneys for Plaintiffs/Class members

therein, IT IS HEREBY ORDERED that: 5 until March 15, 2013; and, 7

ORDER

PURSUANT TO THE STIPULATION OF THE PARTIES, and finding good cause

(1) All proceedings in this action shall be stayed upon entry of this Order by the Court

(2) The Initial Case Management Conference originally scheduled for December 6, 2012, shall be continued to March 20, 2013 at 2:30 p.m. Prior to the date scheduled for the 9 conference, the parties shall meet and confer and prepare a joint Case Management Conference 10

California and the Standing Orders of this Court. Plaintiffs shall assume responsibility for filing 12 the joint statement no less than seven (7) days prior to the conference date. Plaintiffs' counsel is 13 to set up the conference call with all the parties on the line and call chambers at (510) 637-3559. 14

AUTHORIZATION OF THE COURT. All Rule 26 Meet and Confer deadlines are continued 16 and re-calendared based on the date of the rescheduled Initial Case Management Conference. 17 the stay. action in accordance with the provisions of Rule 5 of the Federal Rules of Civil Procedure not 22 enrolled in the e-filing program. Following service, the party causing the service shall file a 23 certificate of service with the Clerk of Court. 24

Statement which complies with the Standing Order for All Judges of the Northern District of 11

NO PARTY SHALL CONTACT CHAMBERS DIRECTLY WITHOUT PRIOR 15

(3) The statute of limitations on Plaintiffs' FLSA claims is tolled for the duration of

(4) This Order terminates Docket 14.

(5) Plaintiffs are directed to serve a copy of this Order at once on all parties to this

IT IS SO ORDERED.

20121026

© 1992-2012 VersusLaw Inc.



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