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Samuel Brandon Kress, et al v. Pricewaterhousecoopers Llp

December 14, 2012

SAMUEL BRANDON KRESS, ET AL,
PLAINTIFFS,
v.
PRICEWATERHOUSECOOPERS LLP, DEFENDANT.



STIPULATION AND ORDER FOR PARTIAL STAY PENDING RULING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

STIPULATION

WHEREAS, this action seeks the recovery of overtime compensation on behalf of several certified and/or putative collective and Rule 23 classes of current and former employees of Defendant, PricewaterhouseCoopers LLP;

WHEREAS, pursuant to section 216(b) of the Fair Labor Standards Act, the Court has conditionally certified collective classes comprising of current and former unlicensed Associates who, during the relevant time period, worked in: (1) the Attest division of Defendant's Assurance line of service (see ECF No. 92); (2) the Disputes, Analysis and Investigations group of Defendant's Advisory line of service (see ECF No. 141); (3) the Threat and Vulnerability Management group of Defendant's Advisory line of service (id.); and (4) the Tax Projects Delivery Group of Defendant's Tax line of service (id.);

WHEREAS, Plaintiffs have moved for certification of a class of current and former unlicensed Senior Associates who, during the relevant time period, worked for Defendant in the Attest division of its Assurance line of service in California, pursuant to Federal Rule of Civil Procedure 23 (see ECF No. 245) ("Rule 23 Attest Senior Associate Motion");

WHEREAS, Plaintiffs also intend to move for certification of a class (or classes) of current and former unlicensed Associates and/or Senior Associates who, during the relevant time period, worked for Defendant in one or more divisions of its Tax line of service in California, pursuant to Federal Rule of Civil Procedure 23 ("Rule 23 Tax Motion");

WHEREAS, pursuant to the Court's October 23, 2012 Order, briefing on Plaintiffs' Rule 23 Tax Motion was vacated pending resolution of the discovery dispute referenced in Plaintiffs' ex parte application (see ECF No. 311);

WHEREAS, pursuant to the Court's November 20, 2012 Order, the parties' pending discovery-related motions (wherein Plaintiffs seek an Order regarding additional days of deposition for Defendant's Rule 30(b)(6) witness, and Defendant seeks an Order regarding the sufficiency of Plaintiffs' discovery responses) are currently set to be heard on January 30, 2013;

WHEREAS, the parties intend to engage in further meet and confer efforts regarding Plaintiffs' responses to Defendant's discovery requests, the results of which may impact the scope of PwC's discovery motion;

WHEREAS, the parties believe that the Court's ruling on Plaintiffs' Rule 23 Attest Senior Associate Motion may offer guidance with respect to (1) Plaintiffs' anticipated Rule 23 Tax Motion; (2) the parties' current discovery-related disputes; (3) additional discovery; and (4) other case management considerations;

WHEREAS, the parties have met and conferred and agree to temporarily stay the conditionally certified collective actions comprising of current and former unlicensed Associates who, during the relevant time period, worked in: (a) the Disputes, Analysis and Investigations group of Defendant's Advisory line of service; (b) the Threat and Vulnerability Management group of Defendant's Advisory line of service; and (c) the Tax Projects Delivery Group of Defendant's Tax line of service; and Plaintiffs' state law claims and discovery associated with the Rule 23 Tax Motion, pending a ruling from the Court on Plaintiffs' Rule 23 Attest Senior Associate Motion. The conditionally certified collective action comprising of current and former unlicensed Associates who, during the relevant time period, worked in the Attest division of Defendant's Assurance line of service shall not be stayed and discovery related thereto shall continue;

WHEREAS, the parties agree that the temporary stay will expire ten (10) business days after the Court rules on Plaintiffs' Rule 23 Attest Senior Associate Motion, at which time the parties will contact the Court to schedule a hearing date with respect to the discovery-related motions (to the extent they have not been resolved by the parties);

WHEREAS, the parties believe that such a stay will conserve the parties' and the Court's resources; and

WHEREAS, this stipulation is not for the purpose of delay, will not prejudice either party and will promote the just, speedy and efficient administration of this action.

ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and PwC, by and through their ...


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