STIPULATION RE EXTENSION OF MOTION HEARING CUTOFF DATES AND ORDER THEREON

CHARLES R. BREYER, District Judge.

Plaintiff Demetriot K. Lewis ("Plaintiff"), and defendant Safelite Fulfillment, Inc. ("Defendant"), by and through their counsel of record, hereby enter into the following Stipulation re Extension of Motion Cutoff Date and mutually request the Court to enter an order in accordance therewith.

STIPULATION

1. Plaintiff initiated this action on November 14, 2011. In his complaint, Plaintiff asserts claims against Defendant for unpaid overtime wages under the Fair Labor Standards Act, which Plaintiff seeks to pursue as a collective action under 29 U.S.C. Section 216, and various wage and hour claims against Defendant under California law, which Plaintiff seeks to pursue as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure.

2. At a case management conference on July 20, 2012, the Court set the following deadlines:

3. The parties have exchanged written discovery. Among other things, Defendant provided Plaintiff with the names and addresses of putative class members in California and produced nearly a thousand pages of documents. To date, neither party has yet taken any depositions.

4. Due to the volume of documents, the number of putative class members, and scheduling issues, it has taken Plaintiff longer than previously anticipated to complete his investigation and discovery.

5. In light of the foregoing, Plaintiff requests that the cut-off dates listed above for the Motion to Certify the Rule 23 Class and Dispositive Motions be extended by 60 days to July 2, 2013. Defendant has no objection to Plaintiff's request for this extension.

6. Plaintiff intends to file his Motion for Conditional Certification of the nationwide FLSA collective action at the same time he files his Motion for Certification of his state law class action pursuant to Rule 23. Should the Court order conditional certification of the nationwide FLSA class, the parties will then have to prepare the opt-in notice, submit that notice to the Court for approval, and then send the Court-approved notice to the potential nationwide class members; conduct additional discovery based on those who opt in to participate in the collective action; and then prepare a decertification motion for filing 35 days before the scheduled hearing date. Defendant respectfully suggests that the current deadline providing only 60 days from the date of the hearing on the Motion for Certification until the hearing on the Motion for Conditional Certification provides insufficient time for all of this to occur. Defendant thus requests that the hearing date for the motion for decertification be extended by an additional 60 days. Plaintiff has no objection to this request.

8. The extensions requested herein will not result in any prejudice or undue delay. The Court has not yet scheduled a trial date.

9. For the foregoing reasons, the parties mutually request that the Court revise and extend the existing case schedule as follows:

ORDER

Good cause having been shown, it is hereby ordered that the case schedule previously set by the Court is modified as follows:

IT IS SO ORDERED.