Opinion
Case No.: 09-04969 HRL.
February 25, 2010
ADAM WANG, Bar No. 201233, ADAM PEDERSEN, Bar No. 261901, LAW OFFICES OF ADAM WANG, San Jose, CA, Attorneys for Plaintiffs Luis Sandoval, Israel Rodriguez and Ricardo Jimenez.
ROGER M. MASON, ESQ. (107486), CAITLIN E. KAUFMAN, ESQ. (238424), SWEENEY, MASON, WILSON BOSOMWORTH, Los Gatos, CA, Attorneys for Defendants AB Landscaping, Inc. and Victor Arellano.
STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
Parties by and through their respective counsel, stipulate to continue the initial case management conference for 60 days as follows:
1. Plaintiffs filed this case on October 19, 2009, alleging unpaid overtime and other violations under both California Labor Code and Fair Labor Standards Act. The Summons and Complaint were served on January 25, 2010.
2. Pursuant to California Labor Code Private Attorney General's Act § 2699(c), Plaintiffs sent a notice to California Labor and Workforce Development Agency ("LWDA") of the overtime violation, intending to bring the action to recover unpaid overtime on behalf of all employees former and current under Labor Code § 558.
3. Attempting to avail themselves of the provision of Labor Code ("PAGA") § 2699(c)(2)(A), Defendants took actions allegedly to cure the violation, by conducting an audit and issuing payment to all employees the amount Defendants claim to be owing in unpaid overtime. Plaintiffs claim that the Defendants' methodology in audit is flawed, and not all overtime hours worked have been accounted for. As such, Plaintiffs plan to dispute that Defendants have cured the overtime violations according to the procedure provided for under Labor Code § 2699(c)(2)(B).
4. Until LWDA makes its decision whether or not the overtime violations have been fully cured, Plaintiffs may not proceed to file the cause of action under PAGA to recover the overtime owed on behalf of all employees.
5. As such, parties stipulate to request a 60-day continuance for Initial Case Management Conference currently set for March 2, 2010 and ask that the corresponding discovery deadlines to be continued accordingly.
6. Regardless of the outcome of the LWDA determination, Plaintiffs expect to file a First Amended Complaint to add another Plaintiff and potentially amend one or more of the causes of action therein. For this reason, Plaintiffs and Defendants stipulate and agree that Defendants' response to the Complaint be extended until 20 days after a First Amended Complaint is served.
[PROPOSED] ORDER
Pursuant to the parties' stipulation, GOOD CAUSE APPEARING, IT IS HEREBY ORDERED the Initial Case Management Conference be continued to May 4, 2010. The ADR Certification is due on April 13, 2010. The Stipulation and Order Selecting ADR Process is due on April 13, 2010. The Rule 26(f) Report, Initial Disclosures, and Joint Case Management Statement are due on April 27, 2010.