Filed: Aug. 20, 2018
Latest Update: Aug. 20, 2018
Summary: CLASS ACTION STIPULATIONS RE FURTHER PROCEEDINGS; [PROPOSED] ORDER JON S. TIGAR , District Judge . In an effort to resolve some of the outstanding issues in this action, to avoid a trial on certain issues, and to permit the efficient entry of judgment by stipulation and/or by motion, Plaintiffs, on behalf of themselves and the certified Class, and Defendants Virgin America Inc. and Alaska Airlines, Inc., hereby stipulate and agree as follows: 1. Monetary Relief for the Class: Subje
Summary: CLASS ACTION STIPULATIONS RE FURTHER PROCEEDINGS; [PROPOSED] ORDER JON S. TIGAR , District Judge . In an effort to resolve some of the outstanding issues in this action, to avoid a trial on certain issues, and to permit the efficient entry of judgment by stipulation and/or by motion, Plaintiffs, on behalf of themselves and the certified Class, and Defendants Virgin America Inc. and Alaska Airlines, Inc., hereby stipulate and agree as follows: 1. Monetary Relief for the Class: Subjec..
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CLASS ACTION STIPULATIONS RE FURTHER PROCEEDINGS; [PROPOSED] ORDER
JON S. TIGAR, District Judge.
In an effort to resolve some of the outstanding issues in this action, to avoid a trial on certain issues, and to permit the efficient entry of judgment by stipulation and/or by motion, Plaintiffs, on behalf of themselves and the certified Class, and Defendants Virgin America Inc. and Alaska Airlines, Inc., hereby stipulate and agree as follows:
1. Monetary Relief for the Class: Subject to and without Defendants waiving their right to appeal liability in this matter, for purposes of the damages, penalties and monetary restitution sought in this action, the Parties agree to an end date of December 15, 2017;
2. Injunctive Relief for the Class: Plaintiffs agree not to pursue injunctive relief in this action;
3. Plaintiffs' Incident Report Claims: Pursuant to the Parties' separate stipulation, Plaintiffs have voluntarily dismissed their individual claims for unpaid wages relating to incident reports without prejudice. Dkt. 326.
4. Career Choice: Subject to and without Defendants waiving their right to challenge whether a subclass may be properly maintained, the Parties agree to the following schedule:
a. September 6, 2018: Deadline for Plaintiffs to file their Rule 37 motion regarding Defendants' Career Choice defense;
b. September 27, 2018: Deadline for Defendants' Opposition to Rule 37 motion;
c. October 11, 2018: Deadline for Plaintiffs' Reply to Rule 37 motion; and
d. November 1, 2018: Hearing on Plaintiffs' Rule 37 motion.
e. To the extent the Court allows Defendants to proceed with their affirmative defense of release (e.g. the Court either denies in whole, or in part, Plaintiffs' Rule 37 motion), the Court will set a Case Management Conference to address how issues regarding the Career Choice participants will be resolved.
5. Class Members Needing Notice: Defendants produced an updated class list and additional data on August 10, 2018. The updated class list contains approximately 98 newly-identified, putative Class Members who were not previously sent court-ordered class notice. As a result, notice to these putative Class Members will be provided in accordance with the following schedule:
a. August 24, 2018: Notice to be sent to the 98 putative Class Members; and
b. October 23, 2018: Deadline to opt out of the Class.
6. Damages: The Parties agree to the following schedule:
c. September 28, 2018: Plaintiffs to produce revised damages report to Defendants;
d. October 15, 2018: Deadline for Parties to finish any meet and confer re damages report; and
e. October 25, 2018: Deadline to file proposed stipulated judgment and/or any motion for judgment on the following issues: (1) revised damages report; (2) declaratory relief; (3) PAGA penalties;
f. November 8, 2018: Deadline to file any opposition to any motion for judgment;
g. November 15, 2018: Deadline to file any reply to any motion for judgment; and
h. November 29, 2018: Hearing on any motion for judgment.
[PROPOSED] ORDER
Pursuant to the stipulation of the parties and good cause appearing, the Court orders as follows:
Plaintiffs' Rule 37 Motion:
1. September 6, 2018: Deadline for Plaintiffs to file their Rule 37 motion regarding Defendants' Career Choice defense;
2. September 27, 2018: Deadline for Defendants' Opposition to Rule 37 motion;
3. October 11, 2018: Deadline for Plaintiffs' Reply to Rule 37 motion; and
4. November 1, 2018: Hearing on Plaintiffs' Rule 37 motion. Class Notice:
1. August 24, 2018: Notice to be sent to the 98 putative Class Members; and
2. October 23, 2018: Deadline to opt out of the Class. Damages:
1. September 28, 2018: Plaintiffs to produce revised damages report to Defendants;
2. October 15, 2018: Deadline for Parties to finish any meet and confer re damages report; and
3. October 25, 2018: Deadline to file proposed stipulated judgment and/or any motion for judgment on the following issues: (1) revised damages report; (2) declaratory relief; (3) PAGA penalties;
4. November 8, 2018: Deadline to file any opposition to any motion for judgment;
5. November 15, 2018: Deadline to file any reply to any motion for judgment; and
6. November 29, 2018: Hearing on any motion for judgment. December 6, 2018:
IT IS SO ORDERED.
