Synoracki v. Alaska Airlines Inc

Opinion

1 The Honorable Robert S. Lasnik

WESTERN DISTRICT OF WASHINGTON

9 LEO SYNORACKI, on behalf of himself and all others similarly situated 10 No. 2:18-cv-01784-RSL Plaintiff, 11 STIPULATED MOTION AND v. PROPOSED ORDER TO 12 CONTINUE MOTION FOR CLASS ALASKA AIRLINES, INC., et al., CERTIFICATION 13 Defendants. 14 16 The parties, by and through their undersigned counsel, jointly submit this stipulated 17 motion to continue Plaintiff’s deadline to file his Motion for Class Certification currently 18 scheduled for March 17, 2020. Plaintiff conferred with Defendant to obtain certain declarations 19 and stipulation regarding produced documents, and it is Plaintiff’s intention to utilize the 20 declarations and stipulations in support of his Motion for Class Certification. Defendant requires 21 additional time to edit and execute the declarations and stipulation so they can be used as part of 22 Plaintiff’s Motion. 24 In this putative civil class action brought pursuant to the Uniformed Services 25 Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq. (“USERRA”), 26 Plaintiff alleges Alaska Airlines, Inc. and Alaska Air Group, Inc. (the “Company”) employs 27 1 1 approximately 3,000 pilots, and approximately 1,000 pilots are or were members of the United 2 States Armed Services or National Guard. Plaintiff alleges the Company repeatedly and 3 intentionally failed to allow pilots on military leave to accrue sick time and vacation time thereby 4 denying members of the Class a benefit of employment. 5 This case was filed in December 2018. Trial is set for September 14, 2020. 7 The Court may extend the case schedule where good cause exists. Fed. R. Civ. P. 8 16(*b)(4); LCR 16(b)(5); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). 9 The parties stipulate that good cause exists to grant a second short continuance of the deadline 10 for Plaintiff to file his Motion for Class Certification filing deadline to permit Defendant 11 additional time to edit and execute the proposed declarations and stipulation that will be utilized 12 in support of Plaintiff’s Motion for Class Certification. Defendant anticipates it will be able to 13 provide edits to the declarations and stipulation by March 9, 2020, and, accordingly, the parties 14 anticipate executing the declarations and stipulation by March 18, 2020. That will provide 15 Plaintiff two weeks to finish preparing the motion and supporting document as well as ensure to 16 local counsel has adequate review time prior to timely filing on April 7, 2020. Accordingly, the 17 parties jointly request a continuance of the Motion for Class Certification filing deadline. 18 This is the second continuance requested by the parties. 20 For the foregoing reasons, the parties respectfully move the Court to modify the Motion 21 for Class Certification filing deadline from March 17, 2020 to April 7, 2020.

22 23

26 27 2 FOR PLAINTIFF 1

2 By: /s/ Gene J. Stonebarger Brian J. Lawler (admitted Pro Hac Vice) 3 Gene J. Stonebarger(admitted Pro Hac Vice) blawler@pilotlawcorp.com gstonebarger@stonebargerlaw.com PILOT LAW, P.C. 4 Crystal L. Matter (admitted Pro Hac Vice) 850 Beech Street, Suite 713 cmatter@stonebargerlaw.com San Diego, California 92101 5 STONEBARGER LAW Phone: 866.512.2465 101 Parkshore Drive Fax: 619.231.4984 6 Suite 100 7 Folsom, California 95630 Charles M. Billy (admitted Pro Hac Vice) Phone: 916.235.7140 cbilly@cmblawcorp.com 8 Fax: 916.235.7141 The Law Offices of Charles M. Billy, APC 22706 Aspan Street, Ste 305 9 Daniel Kalish Lake Forest, CA 92630 10 dkalish@hkm.com Phone: 949-357-9636 HKM EMPLOYMENT ATTORNEYS LLP 11 600 Stewart Street, Ste 901 Seattle, WA 98101 12 Phone: 206-838-2504

13 Counsel for Plaintiff 14 and the Proposed Putative Class

15 FOR DEFENDANT: 16 By: /s/ Mark W. Robertson Kathryn S. Rosen, WSBA #29465 17 Mark W. Robertson Davis Wright Tremaine 18 Mark W. Robertson (admitted pro hac vice) 920 5th Avenue, Ste. 3300 (N.Y. Bar #4508248) Seattle, Washington 98104-1610 19 O’Melveny & Myers LLP Tel.: (206) 622-3150 7 Times Square Fax: (206) 757-7700 20 New York, New York 10036 katierosen@dwt.com Tel.: (212) 326-2000 21 Fax: (212) 326-2061 Tristan Morales (admitted pro hac vice) 22 mrobertson@omm.com (D.C. Bar # 1011373) O’Melveny & Myers LLP 23 Counsel for Defendant 1625 Eye Street, NW Washington, D.C. 20006 24 Tel.: (202) 383-5300 Fax: (202) 383-5414 25 tmorales@omm.com 26

27 3 ORDER 1 2 Based on the foregoing stipulation, the Court orders that the filing deadline for the 3 Motion for Class Certification is April 7, 2020. 4

5 Dated this 16th day of March, 2020. 6

7 A 8 9 Robert S. Lasnik United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4