Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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

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

March 6, 2013

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.CHENU

Assigned to the Hon. Edward M. Chen

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

Tesoro Refining and Marketing Company ("Tesoro") (collectively, the "Parties"), by and 4 through their undersigned counsel, hereby stipulate and agree as follows: 5 6 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 3

WHEREAS, a case management conference is currently scheduled in this matter for March 7, 2013, at 10:30 a.m.; 7 8 likelihood of success and hope to focus resources on settlement rather than continued litigation; 9

WHEREAS, the Parties are engaged in substantial settlement negotiations with a high

WHEREAS, The Parties participated in two all-day, private mediation sessions with Mediator Mark Rudy, on October 15, 2011 and May 14, 2012. After these sessions, the Parties 11 continued to engage in settlement discussions, ultimately agreeing to the principal terms of a 12 settlement in or around July 2012; 13

WHEREAS, after reaching agreement regarding the principal terms of settlement, the Parties spent considerable time and dedicated significant resources to analyzing payroll data 15 consisting of the number of 12-hour shifts worked by, and the applicable wage rates for, each 16 class member in this case (for a period covering 7 1/2 years) and in Burgess v. Tesoro Ref. & 17 Mktg. Co., USCD Case No. 10-cv-05870 DMG (PLAx) ("Burgess") (for a period covering more 18 than 4 years) to ensure that all eligible shifts were discovered in order to make accurate 19 settlement payments to all class members; 20 21 involves a certified class of employees at Tesoro's Los Angeles refinery and is pending in the 22 U.S. District Court for the Central District of California; 23

24 resolution of the "going forward" issues at Tesoro's Los Angeles and Golden Eagle refineries, 25 which required the drafting and negotiation of supplemental agreements to two separate 26 collective bargaining agreements governing the terms and conditions of employment of class 27 members in this action and in Burgess, which required the participation of two local bargaining 28 committees of Plaintiffs' labor union and Tesoro's labor negotiators;

WHEREAS, on August 8, 2012, the Parties consolidated this case with Burgess, which

WHEREAS, after reaching the agreement in principal, the Parties also negotiated the 2 detailed, 13-page Memorandum of Understanding specifying the terms of the global settlement 3 of this case, Burgess, and another related action, United Steel, Paper & Forestry, Rubber, Mfg., 4 Energy, Allied Indus. & Serv. Workers Int'l Union, AFL-CIO, CLC v. Shell Oil Co., Equilon 5 3693 RGK (Ex), which is pending in the U.S. Court of Appeals for the Ninth Circuit, Case Nos. 7 11-55242 and 11-55530; 8

9 person meetings with class members at the Los Angeles and Golden Eagle refineries to provide 10 information and answer questions regarding the settlement and proposed modifications to the 11 collective bargaining agreements. 12

WHEREAS, on or about December 4, 2012, the Parties finalized and executed a Enterp. LLC dba Shell Oil Prods. US, and Tesoro Ref. & Mktg. Co., USDC Case No. CV08-6

WHEREAS, on December 10 and 11, 2012, Class Counsel traveled to and held in-

WHEREAS, during and after these meetings, dozens of class members spoke to Class Counsel regarding their individual settlement data, leading Class Counsel to discover certain 14 issues with the settlement data provided by Tesoro, including a number of employees who were 15 each missing six months to a year's worth of shift data. 16 17 issues to Tesoro's attention and, on January 18, 2013 and thereafter, Tesoro provided Class 18 Counsel with three sets of supplemental data for more than 130 class members, consisting of 19 more than 10,000 additional shifts that had been inadvertently excluded from the settlement data. 20 21 certain aspects of their settlement agreement, and, on or about February 15, 2013, the Parties 22 reached an agreement on the revised settlement terms. 23 24 continuance of the briefing deadlines to revise the motion for ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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