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Young v. Safelite Fulfillment Inc.

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

September 25, 2019

MARIO E, YOUNG, JR., Plaintiff,
v.
SAFELITE FULFILLMENT, INC., et al., Defendants.

          India Lin Bodien, WSBA #44898, Law Offices of India Bodien, Esq., Craig J. Ackermann, WSBA #53330, Brian Denlinger, WSBA #53177, ACKERMANN & TILAJEF, P.C., Attorneys for Plaintiff, MARIO E. YOUNG, JR

          Michael J, Shoenfelt (Pro Hac Vice), Andrew C. Smith (Pro Hac Vice), Daniel J. Clark (Pro Flac Vice), VORYS, SATER, SEYMOUR AND PEASE LLP, Sheryl J. Willert, WSBA #08617, Jeffrey M. Wells, WSBA #45840, WILLIAMS, KASTNER & GIBBS PLLC Attorneys for Defendant SAFELITE FULFILLMENT, INC.

          STIPULATED MOTION AND [PROPOSED] ORDER CONTINUING STAY OF CASE

          HONORSABLE JAMES L. ROBART UNITED STATES DISTRICT JUDGE

         RECITALS

         WHEREAS, on or about June 3, 2G19, Plaintiff MARIO E. YOUNG, JR. ("Plaintiff) filed the operative putative Class Action Complaint for Unpaid and Wrongfully Withheld Wages (the "Complaint") in this action in the Superior Court of the State of Washington in and for the County of King at Seattle [Dkt. #1-2];

         WHEREAS, on July 2, 2019, Defendant SAFELITE FULFILLMENT, INC.. ("Defendant") removed Plaintiffs above-described state court action to this Court [Dkt. #1] invoking the subject matter jurisdiction of this Court under the Class Action Fairness Act ("CAFA"), which the parties agree is properly invoked in this action;

         WHEREAS, on September 3, 2019, the Court Ordered a stay of this action pending the Washington Supreme Court's resolution of the certified question in Sampson v. Knight Transportation, Inc. (the "Stay Order") [Dkt. #16];

         WHEREAS, on September 5, 2019, the Washington Supreme Court issued a decision in Sampson, et al v. Knight Transportation, Inc., No. 96264-2 (Wash. Sept, 5, 2019), available at http://www.courts.wa.gov/opinions/pdf/962642.pdf. The Washington Supreme Court in Sampson held that the Washington Minimum Wage Act (WMWA) does not require non-agricultural employers to pay their piece-rate employees per hour for time spent performing activities outside of piece-rate work. As such, the parties agree Plaintiffs non-productive time claims under the WMWA (Plaintiffs Second Cause of Action) are no longer actionable;

         WHEREAS, the parties have agreed to participate in voluntary mediation to explore whether a settlement of Plaintiffs remaining claims is possible. The Parties have agreed to use Louis D. Peterson, Esq. of Hillis Clark Martin & Peterson P.S. as a mediator, and are working to schedule the mediation in January 2020;

         WHEREAS, to provide time for the Parties to exchange informal discovery and explore early resolution through mediation without unnecessarily expending the resources of the Parties and the Court, the. Parties have agreed that the Court's stay should remain in effect until at least February 15, 2020.

         STIPULATION

         NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff, on the one hand, and Defendant, on the other hand, by and through their respective undersigned counsel, and subject to the Court's approval, that:

         1. The stay Ordered by the Court on September 3, 2019 should remain in effect, in its entirety and for all purposes, until February 15, 2020 to provide time for the Parties to exchange informal discovery and to engage in mediation and attempted early resolution of the case without unnecessarily expending the resources of the Parties and the Court.

         2. On or before February 15, 2020, if the Parties have been unable to settle the case, the parties shall provide the Court with agreed-upon and/or proposed deadlines for [i] completion of discovery on class certification and for Plaintiff to move for class certification under Fed.R.Civ.P. ...


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