Filed: Dec. 06, 2013
Latest Update: Dec. 06, 2013
Summary: STIPULATED MOTION AND ORDER ROBERT S. LASNIK, District Judge. Plaintiffs Willetha Allison, Aleshia Anderson, Rashaad Daniels, Lamount Evans, Shawn Mayer, Kion McLemore, Raymond McNalley, Frances Vasque, Shakura Felder, and William Wimberley ("Plaintiffs") and Defendants Amazon.com, Inc. ("Amazon"), AF Operations LLC ("AF"), and SMX, LLC ("SMX," and, collectively with Plaintiffs, Amazon, and AF, "the Parties"), by and through their respective counsel of record, after having met and conferred te
Summary: STIPULATED MOTION AND ORDER ROBERT S. LASNIK, District Judge. Plaintiffs Willetha Allison, Aleshia Anderson, Rashaad Daniels, Lamount Evans, Shawn Mayer, Kion McLemore, Raymond McNalley, Frances Vasque, Shakura Felder, and William Wimberley ("Plaintiffs") and Defendants Amazon.com, Inc. ("Amazon"), AF Operations LLC ("AF"), and SMX, LLC ("SMX," and, collectively with Plaintiffs, Amazon, and AF, "the Parties"), by and through their respective counsel of record, after having met and conferred tel..
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STIPULATED MOTION AND ORDER
ROBERT S. LASNIK, District Judge.
Plaintiffs Willetha Allison, Aleshia Anderson, Rashaad Daniels, Lamount Evans, Shawn Mayer, Kion McLemore, Raymond McNalley, Frances Vasque, Shakura Felder, and William Wimberley ("Plaintiffs") and Defendants Amazon.com, Inc. ("Amazon"), AF Operations LLC ("AF"), and SMX, LLC ("SMX," and, collectively with Plaintiffs, Amazon, and AF, "the Parties"), by and through their respective counsel of record, after having met and conferred telephonically and by e-mail on November 20, 25, and 26, and December 2 and 3, 2013.
PROPOSED SCHEDULE
The parties hereby jointly move the Court to schedule motion filing and briefing deadlines in this litigation as described below, in order to provide an orderly schedule for disposition of the various pending and future potential motions and to limit the possibility of duplicative and wasteful briefing, subject to the Court's approval. The Parties request the following motion filing and briefing schedule be set:
DATE NATURE OF FILING
12/20/13 Plaintiffs' Second Amended Complaint
1/17/14 Defendants' deadline to Answer, Move, or otherwise Respond to the Second Amended Complaint
2/10/14 Defendants' deadline to Oppose Plaintiffs' Motion for Conditional Certification
2/14/14 Noting date and reply deadline for Plaintiffs' Motion for Conditional Certification filed on or before December 20, 2013
The purpose of this Stipulation and proposed Order is to afford the Plaintiffs the opportunity to file a Second Amended Complaint, set uniform schedules for all Defendants' briefing, and give the Court the opportunity to address certain threshold issues, including whether this case should remain pending in this jurisdiction, before Defendants are required to oppose Plaintiffs' Motion for Conditional Certification. The above schedule also will increase the likelihood that the Judicial Panel on Multidistrict Litigation will decide in connection with In re Amazon, MDL Case No. 2504, whether this case should be consolidated with numerous other cases raising similar issues and, if so, in what court.
This stipulation and the above briefing schedule are entered into without any of the Parties waiving their rights to file (i) any answer, motion, or other response to the Second Amended Complaint in advance of the January 17, 2014 deadline set forth above; (ii) any motion for relief from deadlines, including but not limited to relief from the deadlines set forth above; and (iii) any motion or other filing seeking or opposing equitable tolling.
Defendant Integrity Staffing Solutions, Inc. has advised the Parties that it is not opposed to this Stipulated Motion, but because it asserts that the Court has no personal jurisdiction over it and that venue is not proper in this Court, it does not formally enter an appearance for the purposes of addressing this Stipulated Motion.
IT IS SO ORDERED.
