Filed: Oct. 19, 2017
Latest Update: Oct. 19, 2017
Summary: JOINT STIPULATION; [PROPOSED] ORDER THEREON JON S. TIGAR , District Judge . STIPULATION Plaintiffs Julia Bernstein, Lisa Marie Smith and Esther Garcia (collectively, "Plaintiffs") and Defendant Virgin America Inc. ("Defendant") (collectively, the "Parties"), through their counsel, hereby stipulate and agree that: WHEREAS, on August 29, 2017, Plaintiffs served Notices of Deposition of: (a) Defendant Virgin America Inc., pursuant to Fed. R. Civ. P. 30(b)(6) ("30(b)(6) Notice") reques
Summary: JOINT STIPULATION; [PROPOSED] ORDER THEREON JON S. TIGAR , District Judge . STIPULATION Plaintiffs Julia Bernstein, Lisa Marie Smith and Esther Garcia (collectively, "Plaintiffs") and Defendant Virgin America Inc. ("Defendant") (collectively, the "Parties"), through their counsel, hereby stipulate and agree that: WHEREAS, on August 29, 2017, Plaintiffs served Notices of Deposition of: (a) Defendant Virgin America Inc., pursuant to Fed. R. Civ. P. 30(b)(6) ("30(b)(6) Notice") request..
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JOINT STIPULATION; [PROPOSED] ORDER THEREON
JON S. TIGAR, District Judge.
STIPULATION
Plaintiffs Julia Bernstein, Lisa Marie Smith and Esther Garcia (collectively, "Plaintiffs") and Defendant Virgin America Inc. ("Defendant") (collectively, the "Parties"), through their counsel, hereby stipulate and agree that:
WHEREAS, on August 29, 2017, Plaintiffs served Notices of Deposition of: (a) Defendant Virgin America Inc., pursuant to Fed. R. Civ. P. 30(b)(6) ("30(b)(6) Notice") requesting that Defendant provided deponent(s) knowledgeable and prepared to answer questions regarding eight topics; (b) Diane Chandra pursuant to Fed. R. Civ. P. 30; and (c) Aladdin Nabulsi pursuant to Fed. R. Civ. P. 30.
WHEREAS, on September 18, 2017, Defendant served its objections to Plaintiffs' Notices of Depositions of Diane Chandra and Aladdin Nabulsi.
WHEREAS, on September 19, 2017, Defendant served its objections to Plaintiffs' 30(b)(6) Notice.
WHEREAS the parties subsequently met and conferred regarding Plaintiffs' requested depositions.
WHEREAS Defendant agreed that it would not call Ms. Chandra or Mr. Nabulsi as witnesses at trial or submit evidence from them in support of any dispositive motions.
WHEREAS the parties reserved their rights to call Ms. Chandra or Mr. Nabulsi as witnesses at trial or submit evidence from them in support of any dispositive motions for purposes of rebuttal or impeachment.
WHEREAS the parties agreed that, in order to streamline matters for dispositive motions and trial and to avoid the unnecessary expenditure of resources, the parties would enter into a stipulation that would eliminate the need for Plaintiffs' requested depositions.
NOW, THEREFORE, based on the foregoing, the parties hereby stipulate and agree that:
A. Defendant stipulates to the authenticity and the admissibility of the following documents and data produced by Defendant in this action: (1) the Class Member's flight schedules, earning data and/or payroll records, and wage statements; and (2) Virgin's Work Rules, Inflight Manuals, Playbooks, and Rainmaker User Guide in existence from 2011 to the present. By agreeing to the foregoing, neither party concedes the materiality of the documents, and both parties reserve all rights, including arguments regarding the weight, relevance or import, or lack thereof, of the documents.
B. As of the date of this stipulation, there have been no material class-wide changes in the policies, practices and procedures as to: (a) the provision of meal periods or rest breaks to Inflight Team Members ("ITMs"); (b) the provision of wage statements under California Labor Code § 226 to ITMs; (c) Virgin's Work Rules with respect to compensation to ITMs for the time from report time to block-out, turn time, or block-in time to release; or (d) the compensation to ITMs for preparation of incident reports.
C. If and when the merger/acquisition of Virgin America, Inc. by Alaska Air Group, Inc. becomes effective and final (and Virgin America, Inc. ceases to have an independent corporate existence) and/or a Single Operating Certificate is issued by the Federal Aviation Administration, Plaintiffs may seek to amend the operative Complaint to add Alaska Air Group, Inc. as a defendant in the capacity of an alleged successor in interest to Virgin America, Inc. and that Defendant will not oppose any such motion to amend. Nothing in the foregoing shall prejudice the rights of Alaska Air Group, Inc. in connection with any response that it may make to any such motion.
D. The depositions that Plaintiffs noticed on August 29, 2017 are no longer required in light of this Stipulation.
[PROPOSED] ORDER
Pursuant to the Stipulation of the Parties, and good cause appearing, it is hereby ordered that the Parties' Joint Stipulation is hereby adopted and entered as an Order of this Court.
IT IS SO ORDERED.
