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Castillo v. United Rentals (North America), Inc.

United States District Court, W.D. Washington, Seattle

April 16, 2018

RICARDO CASTILLO, individually and on behalf of all others similarly situated, Plaintiff,
v.
UNITED RENTALS (NORTH AMERICA), INC., Defendant.

          TERRELL MARSHALL LAW GROUP PLLC Beth E. Terrell, WSBA No.26759 Jennifer Rust Murray, WSBA No. 36983 Erika L. Nusser, WSBA No. 40854 Terrell Marshall Law Group PLLC, SCHNEIDER WALLACE COTTRELL KONECY WOTKYNS, LLP, Carolyn Hunt Cottrell, Admitted Pro Hac Vice David C. Leimbach, Admitted Pro Hac Vice Schneider Wallace Cottrell Konecky Wotkyns, LLP Attorneys for Plaintiff

          DAVIS WRIGHT TREMAINE LLP Sheehan Sullivan Weiss, WSBA No. 33189 Ryan C. Hess, WSBA No. 50738 Arthur A. Simpson, WSBA No. 44479 Attorneys for Defendant

          STIPULATED MOTION AND [PROPOSED] ORDER REGARDING SCHEDULE

          HON. JAMES L. ROBART, UNITED STATES 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 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 plaintiffs class certification motion.
ii. Deadline for plaintiffs reply in support of class certification and plaintiffs 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 ...

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