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

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


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 preliminary approval and 25 supporting documents, the settlement notice, the settlement agreement, and other supplemental 26 agreements in light of the revised settlement terms and are close to finalizing these documents. 27

The Parties have not sought an extension of the discovery, pre-trial or trial deadlines in that case; 28 and

WHEREAS, in or around December 2012 and thereafter, Class Counsel brought these

WHEREAS, given the discovery of these issues, the Parties were required to renegotiate

WHEREAS, the Parties have requested from the Burgess court a brief, two-week

WHEREAS, the Parties agree that judicial economy would be promoted by continuing 2 the case management conference until May 2, 2013, or a date thereafter that is convenient for the 3Court. 4

THEREFORE, THE PARTIES HERETO STIPULATE AND RESPECTFULLY REQUEST THAT THE COURT ORDER that the case management conference scheduled for 6 March 7, 2013, be continued to May 2, 2013, or the soonest available date thereafter. 7

DATED: March 4, 2013 SEYFARTH SHAW LLP By /s/ Timothy M. Rusche Timothy M. Rusche Kristen M. Agnew Attorneys for Defendant Tesoro Refining and Marketing Company DATED: March 4, 2013 GILBERT & SACKMAN A LAW CORPORATION By /s/ Linda S. Fang Linda S. Fang Attorneys for Plaintiffs

PURSUANT TO STIPULATION, IT IS SO ORDERED that the case management conference currently set for March 7, 2013 shall be rescheduled to May ____ at 10:30 a.m.

DATED: March ____, 2013. __________________________________

N IT IS SO ORDERED

ATTESTATION

I, Linda S. Fang, am the ECF user whose ID and password were used to file the above Stipulation and [Proposed] Order to Continue Case Management Conference. In accordance with the Northern District of California's General Order 45, X.B and Civil Local Rule 5-1(i)(3), I 4 hereby attest that I have obtained concurrence in the filing of this document from the other signatory in this document. 5

/s/ Linda S. Fang

Linda S. Fang

CERTIFICATE OF SERVICE

I, Linda S. Fang, certify that on March 4, 2013, the foregoing document entitled:

was filed electronically in the Court's ECF; thereby upon completion the ECF system automatically generated a "Notice of Electronic Filing" as service through CM/ECF to registered 13 e-mail addresses of parties of record in the case, in particular on the following: 14 Timothy M. Rusche trusche@seyfarth.com 15 William Dritsas 16 wdritsas@seyfarth.com 17 Kristen M. Agnew kagnew@seyfarth.com 18 I declare under penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct. Executed on March 4, 2013, at Los Angeles, California. 20 /s/ Linda S. Fang Linda S. Fang

20130306

© 1992-2013 VersusLaw Inc.



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