United States District Court, W.D. Washington, Seattle
RICARDO CASTILLO, individually and on behalf of all others similarly situated, Plaintiff,
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
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
JAMES L. ROBART, UNITED STATES DISTRICT JUDGE
Ricardo Castillo and Defendant United Rentals (North
America), Inc. ("United Rentals") (collectively,
the "Parties") stipulate as follows through their
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.
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.
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
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
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