Filed: May 30, 2019
Latest Update: May 30, 2019
Summary: STIPULATION AND ORDER FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE HAYWOOD S. GILLIAM, JR. , District Judge . Plaintiffs TAIRA DE BERNARDI, STEPHEN VAL KIRWAN, et al., on behalf of themselves and all similarly situated individuals ("De Bernardi Plaintiffs"), Plaintiff ABDULLAH WAZWAZ, on behalf of himself and all similarly situated individuals ("Wazwaz Plaintiffs"), and Defendant CITY AND COUNTY OF SAN FRANCISCO ("City" or "Defendant") (collectively the "Parties"), by and through their a
Summary: STIPULATION AND ORDER FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE HAYWOOD S. GILLIAM, JR. , District Judge . Plaintiffs TAIRA DE BERNARDI, STEPHEN VAL KIRWAN, et al., on behalf of themselves and all similarly situated individuals ("De Bernardi Plaintiffs"), Plaintiff ABDULLAH WAZWAZ, on behalf of himself and all similarly situated individuals ("Wazwaz Plaintiffs"), and Defendant CITY AND COUNTY OF SAN FRANCISCO ("City" or "Defendant") (collectively the "Parties"), by and through their at..
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STIPULATION AND ORDER FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE
HAYWOOD S. GILLIAM, JR., District Judge.
Plaintiffs TAIRA DE BERNARDI, STEPHEN VAL KIRWAN, et al., on behalf of themselves and all similarly situated individuals ("De Bernardi Plaintiffs"), Plaintiff ABDULLAH WAZWAZ, on behalf of himself and all similarly situated individuals ("Wazwaz Plaintiffs"), and Defendant CITY AND COUNTY OF SAN FRANCISCO ("City" or "Defendant") (collectively the "Parties"), by and through their attorneys of record, respectfully submit this Joint Request to Continue the Case Management Conference, currently set for June 11, 2019 at 2:00 p.m. The Parties request a continuance to one of the following dates: July 23, August 6, or August 13, 2019.
At our last joint case management conference, the Court set the next case management conference for June 18, 2019 with the expectation that by that time, the class opt-in period would have closed for both the De Bernardi case and the Wazwaz case and thus, the Parties would have a better understanding of both the class size and the potential damages. Later, the Court moved the case management conference to June 11. A third party administrator has been selected and engaged. Both the De Bernardi and the Wazwaz opt-in periods are still open, and the close of the opt-in periods is approximately one month later than initially anticipated — De Bernardi is set to close on July 2 and Wazwaz is set to close on June 26. The De Bernardi Plaintiffs also served a set of interrogatories geared towards answering questions relative to the calculation and payment of back-pay, entitlement to liquidated damages, and other damages issues. Answers to the interrogatories are due no later than June 6.
Since the class opt-in periods will not close until late June/early July, because damages discovery remains outstanding, and taking schedules into account, the Parties jointly request a continuance of the case management conference to July 26, August 6 or August 13, 2019.
Dated: May 30, 2019 MESSING ADAM & JASMINE LLP
By /s/ Wendi J. Berkowitz
Gregg McLean Adam
Monique Alonso
Attorneys for Plaintiffs TAIRA DE BERNARDI,
STEPHEN VAL KIRWAN, et al.
Dated: May 30, 2019 MASTAGNI HOLSTEDT APC
By /s/ David Mastagni
Isaac P. Stevens
Ian B. Sangster
Attorneys for Plaintiffs,
ABDULLAH WAZWAZ, et al.
Dated May 30, 2019 OFFICE OF THE SAN FRANCISCO CITY ATTORNEY
DENNIS J. HERRERA
By: BORIS REZNIKOV, Deputy City Attorneys
DENNIS J. HERRERA, City Attorney
KATHARINE HOBIN PORTER, Chief Labor Attorney
JONATHAN YANK, Deputy City Attorney
JOSEPH M. LAKE, Deputy City Attorneys
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
ORDER
Pursuant to the Parties' Joint Request, and good cause appearing, the Court orders that the case management conference in the coordinated cases of De Bernardi v. City and County of San Francisco and Wazwaz v. City and County of San Francisco, previously set for June 11, 2019, is continued to August 6, 2019 at 2:00 p.m. The Parties are ordered to file, no later than July 30, 2019, a joint case management conference statement containing a proposed, agreed-upon discovery and pre-trial schedule for the remainder of the cases.
IT IS SO ORDERED.
