June 17, 2013
HUMBERTO ARRUDA, Plaintiff,
UFCW-5, AND DOES 1 THROUGH 20, Defendants.
DAVID A. ROSENFELD, Bar No. 058163, ANNE I. YEN, Bar No. 187291, WEINBERG, ROGER & ROSENFELD, A Professional Corporation, Alameda, California, Attorneys for Defendant United Food & Commercial Workers Union, Local 5.
FRANK E. MAYO, Bar No. 42972, LAW OFFICES OF FRANK E. MAYO, Los Altos, C, Attorney for Plaintiff Humberto Arruda.
JOINT CASE MANAGEMENT STATEMENT; [PROPOSED] ORDER
LUCY H. KOH, District Judge.
Plaintiff's counsel substituted in effective June 6, 2013. Previously, Plaintiff was in pro per. Counsel for the parties request continuance of the case management conference to allow time to confer regarding initial disclosures, discovery and other litigation procedures. In the event the Court grants continuance of the case management conference, for scheduling purposes please note that counsel will be unavailable June 27 through July 7. At this time, the parties submit the following pursuant to Northern District Local Rules.
1. JURISDICTION AND SERVICE
Plaintiff filed this action under Title VII of the Civil Rights Act of 1964. Defendant removed to this Court on March 18, 2013.
In Plaintiff's complaint, he states that he was an employee of Lucky Stores, Inc. as a meat cutter. He states that he was discharged from Lucky Stores, Inc. on August 11, 2011. Plaintiff alleges that he was sexually harassed by the meat manager at Lucky Stores; that he allegedly reported unfair treatment to his representative; and that Defendant, UFCW-5, allegedly refused to investigate and take action to prevent discrimination. Defendant denies Plaintiff's allegations, except that Defendant agrees Plaintiff was a former employee of Lucky Stores in a bargaining unit represented by Local 5.
3. LEGAL ISSUES
In Defendant's Answer, Defendant denies the allegations of Plaintiff's Complaint and alleges fifteen affirmative defenses including, but not limited to, failure to exhaust administrative remedies, internal union remedies and contractual remedies; preemption by federal labor law; and statute of limitations.
Plaintiff's attorney recently substituted in and the substitution was approved on June 6, 2013. Previously, Plaintiff was in pro per. Counsel for the parties have not yet had the 2 opportunity to confer regarding other anticipated motions, but they will do so at the earliest opportunity.
5. AMENDMENT OF PLEADINGS
See number 4 above.
6. EVIDENCE PRESERVATION
Those persons who may have records for electronically stored information at UFCW Local 5 which may be relevant to the issues reasonably anticipated in this case have been informed of the need to preserve evidence.
Please see number 4 above.
As Plaintiff's counsel only recently substituted effective June 6, discovery has not yet commenced. Defendant's counsel will confer with Plaintiff's new counsel regarding whether Plaintiff's counsel intends to amend the pleading and regarding discovery scheduling.
9. CLASS ACTIONS
10. RELATED CASES
Please see number 4 above. Plaintiff has also filed an action against the employer, Lucky Store's Inc., and Defendant's counsel is willing to confer with Plaintiff's new counsel regarding whether the matters are related.
In Plaintiff's complaint, he seeks damages for health care expenses, emotional pain and suffering, punitive damages, lost wages and benefits, reinstatement and cost of suit.
12. SETTLEMENT AND ADR
An ADR phone conference has been scheduled by the ADR Program on June 17, 2013.
13. CONSENT TO MAGISTRATE JUDGE
14. OTHER REFERENCES
15. NARROWING OF ISSUES
Defendant's counsel is willing to confer with Plaintiff's new counsel regarding narrowing of issues.
16. EXPEDITED TRIAL PROCEDURE
Not applicable at this time.
Defendant's counsel is willing to confer with Plaintiff's counsel regarding litigation scheduling and proposes that the Court continue the case management conference to allow the parties to counsel to do so.
See Number 17 above.
19. DISCLOSURE OF NON ENTITY, INTERESTED ENTITIES OR PERSONS
None to disclose by Defendant.
Defendant has no other requests at this time.
The request to continue the case management conference in this matter is approved. The parties shall appear for case management conference on July 24, 2013 and shall file a joint case management statement and proposed order no later than July 17, 2013.
IT IS SO ORDERED.