Synoracki v. Alaska Airlines Inc

1 The Honorable Robert S. Lasnik

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 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 Defendants.

15 I. INTRODUCTION 16 The parties, by and through their undersigned counsel, jointly submit this stipulated motion to continue Plaintiff’s deadline to file his Motion for Class Certification currently scheduled for March 17, 2020. Plaintiff conferred with Defendant to obtain certain declarations and stipulation regarding produced documents, and it is Plaintiff’s intention to utilize the declarations and stipulations in support of his Motion for Class Certification. Defendant requires additional time to edit and execute the declarations and stipulation so they can be used as part of Plaintiff’s Motion.

23 II. STATEMENT OF FACTS 24 In this putative civil class action brought pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq. (“USERRA”), Plaintiff alleges Alaska Airlines, Inc. and Alaska Air Group, Inc. (the “Company”) employs approximately 3,000 pilots, and approximately 1,000 pilots are or were members of the United States Armed Services or National Guard. Plaintiff alleges the Company repeatedly and intentionally failed to allow pilots on military leave to accrue sick time and vacation time thereby denying members of the Class a benefit of employment.

5 This case was filed in December 2018. Trial is set for September 14, 2020.

6 III. ARGUMENT 7 The Court may extend the case schedule where good cause exists. Fed. R. Civ. P. 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 for Plaintiff to file his Motion for Class Certification filing deadline to permit Defendant additional time to edit and execute the proposed declarations and stipulation that will be utilized in support of Plaintiff’s Motion for Class Certification. Defendant anticipates it will be able to provide edits to the declarations and stipulation by March 9, 2020, and, accordingly, the parties anticipate executing the declarations and stipulation by March 18, 2020. That will provide Plaintiff two weeks to finish preparing the motion and supporting document as well as ensure to local counsel has adequate review time prior to timely filing on April 7, 2020. Accordingly, the parties jointly request a continuance of the Motion for Class Certification filing deadline.

18 This is the second continuance requested by the parties.

19 IV. CONCLUSION 20 For the foregoing reasons, the parties respectfully move the Court to modify the Motion for Class Certification filing deadline from March 17, 2020 to April 7, 2020.

FOR PLAINTIFF By: /s/ Gene J. Stonebarger Brian J. Lawler (admitted Pro Hac Vice) Gene J. Stonebarger(admitted Pro Hac Vice) [email protected] [email protected] PILOT LAW, P.C.

4 Crystal L. Matter (admitted Pro Hac Vice) 850 Beech Street, Suite 713 [email protected] San Diego, California 92101 STONEBARGER LAW Phone: 866.512.2465 Parkshore Drive Fax: 619.231.4984 Suite 100 Folsom, California 95630 Charles M. Billy (admitted Pro Hac Vice) Phone: 916.235.7140 [email protected] Fax: 916.235.7141 The Law Offices of Charles M. Billy, APC 22706 Aspan Street, Ste 305 Daniel Kalish Lake Forest, CA 92630 [email protected] Phone: 949-357-9636 HKM EMPLOYMENT ATTORNEYS LLP 600 Stewart Street, Ste 901 Seattle, WA 98101 Phone: 206-838-2504 Counsel for Plaintiff and the Proposed Putative Class FOR DEFENDANT: By: /s/ Mark W. Robertson Kathryn S. Rosen, WSBA #29465 Mark W. Robertson Davis Wright Tremaine Mark W. Robertson (admitted pro hac vice) 920 5th Avenue, Ste. 3300 (N.Y. Bar #4508248) Seattle, Washington 98104-1610 O’Melveny & Myers LLP Tel.: (206) 622-3150 Times Square Fax: (206) 757-7700 New York, New York 10036 [email protected] Tel.: (212) 326-2000 Fax: (212) 326-2061 Tristan Morales (admitted pro hac vice) [email protected] (D.C. Bar # 1011373) O’Melveny & Myers LLP Counsel for Defendant 1625 Eye Street, NW Washington, D.C. 20006 24 Tel.: (202) 383-5300 Fax: (202) 383-5414 [email protected] ORDER Based on the foregoing stipulation, the Court orders that the filing deadline for the Motion for Class Certification is April 7, 2020.

Dated this 16th day of March, 2020.

A 9 Robert S. Lasnik United States District Judge