Filed: May 31, 2013
Latest Update: May 31, 2013
Summary: JOINT STIPULATION TO CONTINUE HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION; [PROPOSED ORDER] EDWARD M. CHEN, District Judge. TO THE COURT: Plaintiffs PETER WRIGHT and MICHELLE TRAME ("Plaintiffs") and Defendants ADVENTURES ROLLING CROSS COUNTRY, INC., and SCOTT VON ESCHEN ("Defendants"), by and through their respective counsel of record, herein agree and stipulate as follows: RECITALS 1. Plaintiffs filed their Motion for Class Certification May 22, 2013. The court-ordered de
Summary: JOINT STIPULATION TO CONTINUE HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION; [PROPOSED ORDER] EDWARD M. CHEN, District Judge. TO THE COURT: Plaintiffs PETER WRIGHT and MICHELLE TRAME ("Plaintiffs") and Defendants ADVENTURES ROLLING CROSS COUNTRY, INC., and SCOTT VON ESCHEN ("Defendants"), by and through their respective counsel of record, herein agree and stipulate as follows: RECITALS 1. Plaintiffs filed their Motion for Class Certification May 22, 2013. The court-ordered dea..
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JOINT STIPULATION TO CONTINUE HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION; [PROPOSED ORDER]
EDWARD M. CHEN, District Judge.
TO THE COURT:
Plaintiffs PETER WRIGHT and MICHELLE TRAME ("Plaintiffs") and Defendants ADVENTURES ROLLING CROSS COUNTRY, INC., and SCOTT VON ESCHEN ("Defendants"), by and through their respective counsel of record, herein agree and stipulate as follows:
RECITALS
1. Plaintiffs filed their Motion for Class Certification May 22, 2013. The court-ordered deadline for Defendants to file an Opposition or Response to the Motion is June 5, 2013. See ECF Document 127.
2. Defendants make the following representations as the basis for their request to postpone the hearing and the opposition deadline:
• Due to other previously-scheduled meetings and appearances, Defendants' counsel of record is not available until approximately May 30, 2013, and thus unable to devote the necessary time and attention to Defendants' Opposition until May 30, 2013.
• The busiest time of year for Adventures-Rolling Cross Country (ARCC) is from May to August, when ARCC staff trains their Trip Leaders, prepares the Trip Leaders for the international and domestic trips, frequently communicates with the Trip Leaders while they are leading the trips, and conducts a three-day post-trip debriefing upon the Leaders' return in the months of July and August.
• The President of Adventures-Rolling Cross Country, Defendant Scott von Eschen, will be out of the office with limited email and telephone access from May 29, 2013 to June 7, 2013. Thereafter, Mr. von Eschen must lead and participate in staff training and preparation days for ARCC's Trip Leaders until approximately June 21, 2013, during which time he will not be readily available via email or telephone, nor will Mr. von Eschen have internet access. It is expected that Mr. von Eschen will participate in the strategy and decisions in the development of Defendants' Opposition, and thus be available to Defendants' counsel.
3. For the foregoing reasons, Defendants request a brief three-week continuance of the hearing on Plaintiffs' Motion for Class Certification and the deadline to file their response to the Motion.
4. Plaintiffs will not oppose Defendants' request based upon Defendants' representation that this will be the only extension request and that this matter will be submitted not later than July 18, 2013.
5. Plaintiffs further will not oppose Defendants' request based upon the understanding that the statute of limitations under 29 U.S.C. § 216(b) remains tolled, pursuant to the parties' prior stipulation, such that putative FLSA class members are not prejudiced by the brief delay.
STIPULATION
NOW, THEREFORE, based upon the foregoing representations and agreements, Plaintiffs and Defendants hereby agree and stipulate as follows, subject to Court approval, that the hearing on Plaintiffs' Motion for Class Certification set for June 27, 2013 be vacated and continued to July 25, 2013 at 1:30 p.m.
Defendants' Opposition and Response to Plaintiffs' Motion for Class Certification is due July 3, 2013. Plaintiff's Reply is due July 10, 2013.
IT IS SO STIPULATED:
[PROPOSED] ORDER
Pursuant to the parties' Joint Stipulation, it is so ordered that the hearing on Plaintiffs' Motion for Class Certification is re-scheduled from June 27, 2013 to July 25, 2013 at 1:30 p.m.
Defendants' response to Plaintiffs' Motion for Class Certification is due by July 3, 2013. Plaintiffs' reply is due by July 10, 2013.
