SALVADOR ROBLES, individually and on behalf of others similarly situated, Plaintiffs,
COMTRAK LOGISTICS, INC., a Delaware corporation; and DOES 1 through 10, inclusive, Defendants.
Brandon R. McKelvey (SBN 217002), Timothy B. Nelson (SBN 235279), SEYFARTH SHAW LLP, Sacramento, California, Thomas J. Piskorski (admitted pro hac vice), SEYFARTH SHAW LLP, Chicago, IL, Attorneys for Defendant, COMTRAK LOGISTICS, INC.
Christina A. Humphrey (SBN 226326), MARLIN & SALTZMAN, LLP, Agoura Hills, California, Attorneys for Plaintiff, SALVADOR ROBLES.
CLASS ACTION STIPULATION AND ORDER RE: DISCOVERY DEADLINES
JOHN A. MENDEZ, District Judge.
WHEREAS, pursuant to the April 23, 2013, Stipulation and Order, entered by this Court as docket number 23, the deadline for Defendant to file a Motion to Dismiss Plaintiff's First Amended Complaint was June 3, 2013;
WHEREAS, Defendant filed its Motion to Dismiss Plaintiff's First Amended Complaint on June 3, 2013, with a noticed hearing date of July 24, 2013;
WHEREAS, Plaintiff served written discovery, including special interrogatories and requests for production of documents, to Defendant by United States mail on May 2, 2013;
WHEREAS, in order to preserve the parties' and the Court's resources until this Court hears Defendant's Motion to Dismiss Plaintiff's First Amended Complaint, the parties have agreed to a temporary stay on discovery and have reached the following agreement, each subpart below being material and necessary to the entire agreement;
THEREFORE, the parties, through their respective counsel of record, agree to stipulate that:
(a) The parties agree that they will not serve or propound any additional discovery until, at the earliest, the day after the Court issues its Order on Defendant's Motion to Dismiss Plaintiff's First Amended Complaint;
(b) All existing discovery is stayed and the discovery deadlines on the existing discovery are extended to thirty (30) days after the date that this Court issues its Order regarding Defendant's Motion to Dismiss Plaintiff's First Amended Complaint;
(c) Defendant agrees that it will produce the name, last known address, phone number, and dates of affiliation with Defendant of all owner-operators that fall within Plaintiff's proposed class definition (as stated in the First Amended Complaint) within thirty (30) days after the date that this Court issues its Order regarding Defendant's Motion to Dismiss Plaintiff's First Amended Complaint, assuming the Court's order does not dismiss the class claims; and
(d) The parties agree that Defendant's production of the contact information for the group of owner-operators alleged in the proposed class definition in Plaintiff's First Amended Complaint, does not constitute a concession or admission that class certification is appropriate or that further class discovery is appropriate. Defendant reserves the right to object to further ...