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Butler v. Central Transport, LLC, 17-cv-02710-KJM-CMK. (2018)

Court: District Court, E.D. California Number: infdco20180607a44 Visitors: 23
Filed: Jun. 06, 2018
Latest Update: Jun. 06, 2018
Summary: JOINT STIPULATION REGARDING DISCOVERY DISCLOSURES; ORDER GRANTING STIPULATION IN PART KIMBERLY J. MUELLER , District Judge . Plaintiff Randall Butler ("Plaintiff") and Defendant Central Transport, LLC ("Defendant") (collectively referred to as "the parties") hereby enter into the following Stipulation regarding discovery disclosures: WHEREAS, on May 3, 2018, Plaintiff indicated that intended to amend his Complaint to bring class and/or collective action claims against Defendant; WHEREAS,
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JOINT STIPULATION REGARDING DISCOVERY DISCLOSURES; ORDER GRANTING STIPULATION IN PART

Plaintiff Randall Butler ("Plaintiff") and Defendant Central Transport, LLC ("Defendant") (collectively referred to as "the parties") hereby enter into the following Stipulation regarding discovery disclosures:

WHEREAS, on May 3, 2018, Plaintiff indicated that intended to amend his Complaint to bring class and/or collective action claims against Defendant;

WHEREAS, on May 10, 2018, the parties attended the Court's Initial Scheduling Conference; and,

WHEREAS, at the Initial Scheduling Conference, the parties agreed to engage in certain discovery to allow Plaintiff to determine whether he intends to file a motion to amend his pleadings to bring class and/or collective action claims against Defendant.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, and respectfully requested that the Court approve the same:

1. Within 40 days of the Court's approval of this Stipulation, Defendant agrees to answer Plaintiff's interrogatories and respond to Plaintiff's request for production listed below:

Interrogatory No. 1:

As to any location in any state where Defendant Central Transport, LLC employs a terminal manager or any person in a similar position, please list the address of each location and the number of such persons at each location.

Interrogatory No. 2:

Please state all facts upon which you base your claim that Plaintiff Randall Butler was an employee exempt from the wage and hour laws of California.

Request for Production:

Please produce all writings upon which you base your denial that Plaintiff Randall Butler was an employee exempt from the wage and hour laws of California.

Nothing contained herein shall constitute a waiver of any privilege. Defendant shall provide a privilege log as to any information or document it declines to provide based on privilege.

2. Upon receipt of the information from Defendant, Plaintiff shall have 40 days to inform the Court whether Plaintiff intends to amend his Complaint. If Plaintiff communicates his intent to amend his Complaint, the Court shall issue a briefing schedule for Plaintiff's Motion for Leave to Amend.

3. Other than the discovery described herein, all other discovery shall be stayed until Plaintiff determines whether he will amend his Complaint. In the event Plaintiff moves to amend his Complaint, the parties agree that discovery shall be stayed until the Court determines whether Leave to Amend should be granted.

The court approves paragraphs 1 and 3 of the parties' stipulation. Paragraph 2 is modified as follows:

Upon receipt of the information from Defendant, Plaintiff shall have forty (40) days to file a motion to amend his Complaint. If no motion to amend is filed, the parties shall file a joint status report within the next fourteen (14) days providing all the information called for by this court's standing orders.

IT IS SO ORDERED.

Source:  Leagle

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