Free Stipulation - District Court of California - California

Case 4:07-cv-02828-CW

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DOSTART CLAPP GORDON & COVENEY James F. Clapp (SBN 145814) 4370 La Jolla Village Drive, Suite 970 San Diego, California 92122 Telephone: (858) 623-4200 Facsimile: (858) 623-4299 McINERNEY & JONES Charles A. Jones (SBN 224915) 18124 Wedge Parkway #503 Reno, Nevada 89511 Telephone: (775) 849-3811 Facsimile: (775) 849-3866 Attorneys for Plaintiffs LINDA YOUNG & MIKE SAFAIE SEYFARTH SHAW LLP Diana Tabacopoulos (SBN: 128238) [email protected] 2029 Century Park East, Suite 3300 Los Angeles, California 90067-3063 Telephone: (310) 277-7200 Facsimile: (310) 201-5219 SEYFARTH SHAW LLP Francis J. Ortman, III (SBN 213202) [email protected] 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 Attorneys for Defendant CHARLES SCHWAB & CO., INC. UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA LINDA YOUNG and MIKE SAFAIE, ) individually and on behalf of all others similarly ) situated, ) ) Plaintiff, ) ) vs. ) ) CHARLES SCHWAB & CO., INC., ) ) Defendant. ) ) Case No. C 07-2828 CW STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES PENDING PRIVATE MEDIATION

As required by the rules of civil procedure, the parties have met and conferred regarding their initial disclosures, discovery and case management plan, as well as their preferences for 1
Stipulation and [Proposed] Order Continuing CMC and Related Deadlines / Case No. C 07-2828 CW
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alternative dispute resolution. Counsel for both parties are experienced in the litigation of wage and hour putative class actions such as this matter. During the meet and confer process, the parties agreed to informally exchange discoverable information, enter into a tolling agreement with respect to the FLSA claim, and to participate in an early mediation of this matter before further litigation. Given this agreement, IT IS HEREBY STIPULATED by and between the parties through their respective attorneys, that they will informally exchange discoverable information and participate in an early mediation of this matter with a mutually agreed upon mediator, IT IS FURTHER STIPULATED that the parties ask the Court to continue the September 18, 2007 case management conference and the disclosure deadlines related thereto for a period of sixty (60) days to enable to parties to engage in mediation before incurring additional litigation costs, IT IS FURTHER STIPULATED that commencing with this Court's approval of this Stipulation, the statute of limitations under the Fair Labor Standards Act will be tolled for a period of sixty (60) days or until the parties agree that their mediation efforts have been unsuccessful, whichever occurs first, for branch client service specialists as described in Young's putative collective action complaint. Defendant maintains all defenses relating to Young's standing to represent any employee other than herself, including employees who held the Branch Client Service Specialist I position. IT IS SO STIPULATED. DATED: September 7, 2007 MCINERNEY & JONES

By: /s/ Kevin McInerney Kevin McInerney Attorneys for Plaintiffs LINDA YOUNG & MIKE SAFAIE

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DATED: September 7, 2007

SEYFARTH SHAW LLP

By: /s/ Diana Tabacopoulos Diana Tabacopoulos Francis J. Ortman, III Attorneys for Defendant CHARLES SCHWAB & CO., INC. I hereby attest that I have on file all holograph signatures for any signature indicated by a "conformed" signature (/S/) within this efiled document. /s/ Diana Tabacopoulos

Given the parties' intention to enter into early mediation in an effort to resolve this matter before pursuing further litigation, IT IS HEREBY ORDERED:

That the September 18, 2007 Case Management Conference date and the deadlines related thereto are hereby continued, and a new date is set for ______________________.

DATED: ______________________

____________________________________ UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA

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STATE OF CALIFORNIA COUNTY OF LOS ANGELES

) ) )

ss

I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Seyfarth Shaw LLP, 2029 Century Park East, Suite 3300, Los Angeles, California 90067-3063. On September 7, 2007, I served the within documents: STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES PENDING PRIVATE MEDIATION I sent such document from facsimile machine (310) 201-5219 on _______. I certify that said transmission was completed and that all pages were received and that a report was generated by facsimile machine (310) 201-5219 which confirms said transmission and receipt. I, thereafter, mailed a copy to the interested party(ies) in this action by placing a true copy thereof enclosed in sealed envelope(s) addressed to the parties listed below.



by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Los Angeles, California addressed as set forth below. by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. by placing the document(s) listed above, together with an unsigned copy of this declaration, in a sealed Federal Express envelope with postage paid on account and deposited with Federal Express at Los Angeles, California, addressed as set forth below. by transmitting the document(s) listed above, electronically, via the e-mail addresses set forth below.

James F. Clapp, Esq. DOSTART CLAPP GORDON & COVENEY 4370 La Jolla Village Drive, Suite 970 San Diego, CA 92122 (858) 623-4200 F: (858) 623-4299

Kevin J. McInerney, Esq. Kelley McInerney, Esq. Charles A. Jones, Esq. McINERNEY & JONES 18124 Wedge Parkway, No. 503 Reno, NV 89511 (775) 849-3811 F: (775) 849-3866

I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than on day after the date of deposit for mailing in affidavit.

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I declare that I am employed in the office of a member of the bar of this court whose direction the service was made. Executed on September 7, 2007, at Los Angeles, California.

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/s/ Lora Calma Lora Calma