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Delagarza v. Tesoro Ref. & Mktg. Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO
Mar 6, 2013
Case No. C 09-05803 EMC (N.D. Cal. Mar. 6, 2013)

Opinion

Case No. C 09-05803 EMC

03-06-2013

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.

JAY SMITH (CA Bar No. 166105) LINDA S. FANG (CA Bar No. 240245) GILBERT & SACKMAN, A Law Corporation RICHARD R. ROUCO (pro hac vice) QUINN, CONNOR, WEAVER, DAVIES & ROUCO Attorneys for Plaintiffs Rick Delagarza, Paul Gutierrez, Sal Lucido, April Moore, Charles Grimmett, Antonio Garcia, and Brian Cashwell WILLIAM DRITSAS (CA Bar No. 97523) SEYFARTH SHAW LLP TIMOTHY M. RUSCHE (CA Bar No. 230036) KRISTEN M. AGNEW (CA Bar No. 247656) SEYFARTH SHAW LLP Attorneys for Defendant Tesoro Refining and Marketing Company


JAY SMITH (CA Bar No. 166105)
LINDA S. FANG (CA Bar No. 240245)
GILBERT & SACKMAN, A Law Corporation
RICHARD R. ROUCO (pro hac vice)
QUINN, CONNOR, WEAVER, DAVIES & ROUCO
Attorneys for Plaintiffs Rick Delagarza, Paul Gutierrez,
Sal Lucido, April Moore, Charles Grimmett, Antonio Garcia, and Brian Cashwell
WILLIAM DRITSAS (CA Bar No. 97523)
SEYFARTH SHAW LLP
TIMOTHY M. RUSCHE (CA Bar No. 230036)
KRISTEN M. AGNEW (CA Bar No. 247656)
SEYFARTH SHAW LLP
Attorneys for Defendant Tesoro Refining and
Marketing Company

Assigned to the Hon. Edward M. Chen


STIPULATION AND [PROPOSED]

ORDER TO CONTINUE CASE

MANAGEMENT CONFERENCE

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

WHEREAS, a case management conference is currently scheduled in this matter for March 7, 2013, at 10:30 a.m.;

WHEREAS, the Parties are engaged in substantial settlement negotiations with a high likelihood of success and hope to focus resources on settlement rather than continued litigation;

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 continued to engage in settlement discussions, ultimately agreeing to the principal terms of a settlement in or around July 2012;

WHEREAS, after reaching agreement regarding the principal terms of settlement, the Parties spent considerable time and dedicated significant resources to analyzing payroll data consisting of the number of 12-hour shifts worked by, and the applicable wage rates for, each class member in this case (for a period covering 7 1/2 years) and in Burgess v. Tesoro Ref. & Mktg. Co., USCD Case No. 10-cv-05870 DMG (PLAx) ("Burgess") (for a period covering more than 4 years) to ensure that all eligible shifts were discovered in order to make accurate settlement payments to all class members;

WHEREAS, on August 8, 2012, the Parties consolidated this case with Burgess, which involves a certified class of employees at Tesoro's Los Angeles refinery and is pending in the U.S. District Court for the Central District of California;

WHEREAS, after reaching the agreement in principal, the Parties also negotiated the resolution of the "going forward" issues at Tesoro's Los Angeles and Golden Eagle refineries, which required the drafting and negotiation of supplemental agreements to two separate collective bargaining agreements governing the terms and conditions of employment of class members in this action and in Burgess, which required the participation of two local bargaining committees of Plaintiffs' labor union and Tesoro's labor negotiators;

WHEREAS, on or about December 4, 2012, the Parties finalized and executed a detailed, 13-page Memorandum of Understanding specifying the terms of the global settlement of this case, Burgess, and another related action, United Steel, Paper & Forestry, Rubber, Mfg., Energy, Allied Indus. & Serv. Workers Int'l Union, AFL-CIO, CLC v. Shell Oil Co., Equilon Enterp. LLC dba Shell Oil Prods. US, and Tesoro Ref. & Mktg. Co., USDC Case No. CV08-3693 RGK (Ex), which is pending in the U.S. Court of Appeals for the Ninth Circuit, Case Nos. 11-55242 and 11-55530;

WHEREAS, on December 10 and 11, 2012, Class Counsel traveled to and held in-person meetings with class members at the Los Angeles and Golden Eagle refineries to provide information and answer questions regarding the settlement and proposed modifications to the collective bargaining agreements.

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 issues with the settlement data provided by Tesoro, including a number of employees who were each missing six months to a year's worth of shift data.

WHEREAS, in or around December 2012 and thereafter, Class Counsel brought these issues to Tesoro's attention and, on January 18, 2013 and thereafter, Tesoro provided Class Counsel with three sets of supplemental data for more than 130 class members, consisting of more than 10,000 additional shifts that had been inadvertently excluded from the settlement data.

WHEREAS, given the discovery of these issues, the Parties were required to renegotiate certain aspects of their settlement agreement, and, on or about February 15, 2013, the Parties reached an agreement on the revised settlement terms.

WHEREAS, the Parties have requested from the Burgess court a brief, two-week continuance of the briefing deadlines to revise the motion for preliminary approval and supporting documents, the settlement notice, the settlement agreement, and other supplemental agreements in light of the revised settlement terms and are close to finalizing these documents. The Parties have not sought an extension of the discovery, pre-trial or trial deadlines in that case; and

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

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

SEYFARTH SHAW LLP

By __________

Timothy M. Rusche

Kristen M. Agnew

Attorneys for Defendant

Tesoro Refining and Marketing Company

GILBERT & SACKMAN

A LAW CORPORATION

By _____

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 9 at 10:30 a.m.

______________

HONORABLE EDWARD M. CHEN

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 hereby attest that I have obtained concurrence in the filing of this document from the other signatory in this document.

______________

Linda S. Fang

CERTIFICATE OF SERVICE

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

STIPULATION AND [PROPOSED]

ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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 e-mail addresses of parties of record in the case, in particular on the following: Timothy M. Rusche
trusche@seyfarth.com
William Dritsas
wdritsas@seyfarth.com
Kristen M. Agnew
kagnew@seyfarth.com

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 4, 2013, at Los Angeles, California.

______________

Linda S. Fang


Summaries of

Delagarza v. Tesoro Ref. & Mktg. Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO
Mar 6, 2013
Case No. C 09-05803 EMC (N.D. Cal. Mar. 6, 2013)
Case details for

Delagarza v. Tesoro Ref. & Mktg. Co.

Case Details

Full title:RICK DELAGARZA, individually, PAUL GUTIERREZ, SAL LUCIDO, APRIL MOORE…

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

Date published: Mar 6, 2013

Citations

Case No. C 09-05803 EMC (N.D. Cal. Mar. 6, 2013)