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Castillo v. United Rentals (North America), Inc., 2:17-cv-01573 JLR. (2018)

Court: District Court, D. Washington Number: infdco20180425833 Visitors: 2
Filed: Apr. 16, 2018
Latest Update: Apr. 16, 2018
Summary: STIPULATED MOTION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE JAMES L. ROBART , District Judge . STIPULATED MOTION Plaintiff Ricardo Castillo and Defendant United Rentals (North America), Inc. ("United Rentals") (collectively, the "Parties") stipulate as follows through their respective counsel: 1. On January 29, 2018, the Court entered an initial Case Management Order setting various deadlines up to motion practice regarding class certification and decertification of any collective c
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STIPULATED MOTION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE

STIPULATED MOTION

Plaintiff Ricardo Castillo and Defendant United Rentals (North America), Inc. ("United Rentals") (collectively, the "Parties") stipulate as follows through their respective counsel:

1. On January 29, 2018, the Court entered an initial Case Management Order setting various deadlines up to motion practice regarding class certification and decertification of any collective conditionally certified under the Fair Labor Standards Act ("FLSA"). ECF 27.

2. On March 26, 2018, the Court vacated that case schedule after granting in part and denying in part United Rentals' Motion to Dismiss. ECF 33. The Court also ordered the Parties to submit a new proposed case schedule containing deadlines through class certification and FLSA collective decertification by April 13, 2018. Id.

3. The Parties accordingly propose the deadlines below. This schedule sets the discovery cutoff, and the class certification and FLSA collective decertification briefing, using the end of the opt-in period for any conditionally-certified FLSA collective because, until that opt-in period closes, the Parties will not know the composition of the collective.

a. Deadline for plaintiff to file his motion for conditional FLSA certification: July 16, 2018. The motion will be briefed under the LCR 7 schedule.

b. Deadline to complete discovery regarding class certification and collective decertification: 90 days after the end of the opt-in period for any conditionally-certified FLSA collective.

c. Deadline for plaintiff to file his class certification motion: 30 days after the discovery cutoff in 3(b), above. The class certification and FLSA decertification motion (if any) will be briefed on the following schedule:

i. Deadline for United Rentals' opposition to class certification and United Rentals' motion to decertify any FLSA collective: 30 days after plaintiff's class certification motion.

ii. Deadline for plaintiff's reply in support of class certification and plaintiff's opposition to United Rentals' motion to decertify any FLSA collective: 21 days after the deadline in 3(c)(i), above.

iii. Deadline for United Rentals' reply in support of its motion to decertify any FLSA collective: 14 days after the deadline in 3(c)(ii), above.

4. Consistent with the Court's initial Case Management Order, the Court will set all other case deadlines after the Court issues its order on the motions for class certification and FLSA collective decertification.

The Parties respectfully request that the Court enter the accompanying Proposed Order confirming the schedule above.

[PROPOSED] ORDER

Pursuant to the accompanying stipulation, and for good cause shown, the Court GRANTS the stipulation.

The Court according adopts the following case schedule. The Court will set all other case deadlines after the Court issues its order on the motions for class certification and FLSA collective decertification.

1. Deadline for plaintiff to file his motion for conditional FLSA certification: July 16, 2018. The motion will be briefed under the LCR 7 schedule.

2. Deadline to complete discovery regarding class certification and collective decertification: 90 days after the end of the opt-in period for any conditionally-certified FLSA collective.

3. Deadline for plaintiff to file his class certification motion: 30 days after the discovery cutoff in 2, above. The class certification and FLSA decertification motion (if any) will be briefed on the following schedule:

a. Deadline for United Rentals' opposition to class certification and United Rentals' motion to decertify any FLSA collective: 30 days after plaintiff's class certification motion.

b. Deadline for plaintiff's reply in support of class certification and plaintiff's opposition to United Rentals' motion to decertify any FLSA collective: 21 days after the deadline in 3(a), above.

c. Deadline for United Rentals' reply in support of it motion to decertify any FLSA collective: 14 days after the deadline in 3(b), above.

IT IS SO ORDERED.

Source:  Leagle

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