Filed: Oct. 01, 2014
Latest Update: Oct. 01, 2014
Summary: STIPULATION AND [PROPOSED] ORDER TOLLING FLSA CLAIMS GARRETT R. BROSHUIS, District Judge. Plaintiffs and Defendants ("the Parties"), by and through their respective counsel, enter into the following stipulation. WHEREAS, Plaintiffs, former minor league baseball players, filed this action in the United States District Court for the Northern District of California, alleging, among other things, that Defendants failed and continue to fail to meet the requirements of the Fair Labor Standard
Summary: STIPULATION AND [PROPOSED] ORDER TOLLING FLSA CLAIMS GARRETT R. BROSHUIS, District Judge. Plaintiffs and Defendants ("the Parties"), by and through their respective counsel, enter into the following stipulation. WHEREAS, Plaintiffs, former minor league baseball players, filed this action in the United States District Court for the Northern District of California, alleging, among other things, that Defendants failed and continue to fail to meet the requirements of the Fair Labor Standards..
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STIPULATION AND [PROPOSED] ORDER TOLLING FLSA CLAIMS
GARRETT R. BROSHUIS, District Judge.
Plaintiffs and Defendants ("the Parties"), by and through their respective counsel, enter into the following stipulation.
WHEREAS, Plaintiffs, former minor league baseball players, filed this action in the United States District Court for the Northern District of California, alleging, among other things, that Defendants failed and continue to fail to meet the requirements of the Fair Labor Standards Act ("FLSA") in their treatment of Plaintiffs;
WHEREAS, Plaintiffs seek to bring a nationwide FLSA collective on behalf of those similarly-situated minor leaguers;
WHEREAS, Defendants deny engaging in the unlawful activities alleged by Plaintiffs under the FLSA and deny that certification of any class or collective action is appropriate;
WHEREAS, the Parties await resolution of a Motion to Dismiss for Lack of Personal Jurisdiction, filed by certain Defendants, and a Motion to Transfer Venue, filed by other Defendants (the "Defendants' Pending Motions") on May 23, 2014;
WHEREAS, the Initial Case Management Conference was held on July 11, 2014;
WHEREAS, the Parties agree that Plaintiffs will not move for conditional certification of the proposed FLSA collective until resolution of the Defendants' Pending Motions;
THEREFORE, the Parties stipulate and agree as follows:
STIPULATION AND AGREEMENT
1. Plaintiffs will not move for conditional certification of the proposed FLSA collective until resolution of the Defendants' Pending Motions.
2. The Parties will continue to meet and confer on the briefing schedules for any motion for conditional certification and for any motion for class certification under state laws.
3. The Plaintiffs will not request, through interrogatories or other discovery mechanisms, the contact information for similarly-situated minor leaguers before resolution of Defendants' Pending Motions.
4. The statute of limitations under the FLSA applicable to all current or former similarly-situated minor leaguers shall be tolled from July 11, 2014 until 45 days after the Court's resolution of both of the Defendants' Pending Motions. In the event the Court resolves one motion before the other, tolling will continue until 45 days after the later resolution.
5. This Stipulation is without prejudice to Plaintiffs moving the Court, pursuant to the doctrine of equitable tolling, to toll the FLSA statute of limitations for periods before July 11, 2014 or after the end of the tolled period. Yet Plaintiffs agree not to use Defendants' Pending Motions as a basis for moving for equitable tolling. Defendants reserve the right to oppose any such request.
6. Except as expressly set forth in this Stipulation, this Stipulation does not constitute a waiver of Plaintiffs' or Defendants' legal positions, rights, or remedies, including any defense under any statute of limitations or any other defense relating to the passage of time.
7. This Stipulation is not intended as an admission by any Party that any other Party has or does not have a valid claim or defense.
8. This stipulation is also without prejudice to the Parties reaching further agreement about additional tolling. Respectfully submitted,
Filer's Attestation
I, Garrett R. Broshuis, am the ECF user whose identification and password are being used to file this Stipulation and [Proposed] Order Tolling FLSA Claims. In compliance with Local Rule 5-1(i)(3), I hereby attest that the counsel listed above concur in this filing. I will maintain an executed copy of this stipulation in our files that can be made available for inspection upon request.
[Proposed] Order
The foregoing stipulation is approved, and IT IS SO ORDERED.
