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JOINT STIPULATION AND AGREEMENT FOR TOLLING OF FLSA CLAIMS; 

[PROPOSED] ORDER 

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RICHARD E. QUINTILONE II (SBN 200995)

ALVIN B. LINDSAY (SBN 220236) 

GEORGE A. ALOUPAS (SBN 313112) 

QUINTILONE & ASSOCIATES

22974 EL TORO ROAD, SUITE 100 

LAKE FOREST, CA 92630 

TELEPHONE: (949) 458-9675 

FACSIMILE: (949) 458-9679 

E-MAIL: REQ@QUINTLAW.COM; ABL@QUINTLAW.COM; GAA@QUINTLAW.COM 

Attorneys for Plaintiff, JENNIFER ANDERSON on behalf of herself and on behalf of a Class of all 

other persons similarly situated 

ROBERT D. EASSA, State Bar No. 107970 

robert.eassa@sedgwicklaw.com 

DELIA A. ISVORANU, State Bar No. 226750 

delia.isvoranu@sedgwicklaw.com 

SEDGWICK LLP 

333 Bush Street, 30th Floor 

San Francisco, CA 94104-2834 

Telephone: 415.781.7900 

Facsimile: 415.781.2635 

Attorneys for Defendant, CHEVRON U.S.A. INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION 

JENNIFER ANDERSON, on behalf of herself 

and on behalf of a Class of all other persons 

similarly situated 

 Plaintiff, 

vs. 

CHEVRON U.S.A., INC., a Delaware 

Corporation; and DOES 1 through 100, 

inclusive, 

 Defendants. 

Case No.: 3:17-cv-00103-EMC 

CLASS ACTION 

Assigned For All Purposes To: 

Hon. Edward M. Chen 

JOINT STIPULATION AND AGREEMENT 

FOR TOLLING OF FLSA CLAIMS; 

[PROPOSED] ORDER 

Complaint Filed: September 7, 2016 

First Amended Complaint: November 16, 2016 

Removed: January 9, 2017 
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JOINT STIPULATION AND AGREEMENT FOR TOLLING OF FLSA CLAIMS; 

[PROPOSED] ORDER 

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RECITALS 

Plaintiff, Jennifer Anderson (“Plaintiff”), on behalf of herself and other similarly situated 

employees of Defendant Chevron USA Inc. (“Defendant”) (collectively, “the Parties”), by and 

through their respective counsel of record, hereby stipulate to and jointly request that the Court enter 

the concurrently provided [Proposed] Order approving the Parties’ Joint Stipulation and Agreement 

to toll the period for collective members to submit Fair Labor Standards Act (“FLSA”) claims to opt 

in to the collective. This Stipulation is based on the following: 

1. Plaintiff filed her Class Action Complaint on September 7, 2016 in Contra Costa 

County Superior Court (Case No. MSC16-01724). On November 16, 2016, Plaintiff filed her First 

Amended Class Action Complaint (“FAC”), which is the operative pleading, asserting the following 

causes of action against Defendant: (1) Failure to pay wages under the FLSA [29 U.S.C. §§ 206, 

207]; (2) Failure to pay overtime compensation; (3) Failure to provide meal periods; (4) Failure to 

provide rest periods; (5) Failure to provide accurate itemized wage statements; (6) Failure to pay 

wages for hours worked; (7) Failure to pay wages due and payable twice monthly; (8) Failure to 

comply with written request to inspect or copy records; (9) Failure to reimburse business expenses; 

(10) Failure to pay wages upon termination of employment; (11) Unlawful competition and unlawful 

business practices; and (12) Violations of the Private Attorneys’ General Act (“PAGA”). (See Dkt. 

#1, Exhibit A for FAC). 

2. Defendant removed this action on January 9, 2017 (Dkt. No. 1), asserting this Court 

has subject matter jurisdiction arising under a federal question pursuant to 28 U.S.C. §1331, 

specifically in light of Plaintiff’s First Cause of Action for Failure to Pay Wages pursuant to the 

FLSA, 29 U.S.C. §§ 206, and 207. Plaintiff has not yet challenged this jurisdiction or sought remand. 

3. On May 5, 2017, the Court conducted its initial Case Management Conference with 

the Parties and, in advance of the Conference, counsel conducted meet and confer discussions and 

exchanged correspondence, including regarding the possibility of early amicable resolution of 

Plaintiff’s class and collective claim through private mediation. 

4. Based upon the May 5, 2017 Court’s Case Management Conference, the Court set a 

further conference and mediation completion deadline for September 14, 2017. 
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JOINT STIPULATION AND AGREEMENT FOR TOLLING OF FLSA CLAIMS; 

[PROPOSED] ORDER 

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5. The Parties expect to have an agreed-upon mediator designated and a mediation date 

set promptly, and will continue with informal and formal discovery leading to the mediation, but 

prefer to focus their efforts on attempting to arrive at an early amicable resolution before contested 

motion practice, including regarding Plaintiff’s pressing Motion for Conditional Certification 

necessary to send opt-in notices to the FLSA collective. 

6. Plaintiff has alleged that the class and collective which Plaintiff purports to represent 

in this action consist of current and former employees of Defendant who were not paid all wages 

owed, including regular wages and all overtime wages required for hours worked over 40 in a work 

week. 

7. Plaintiff will have to expeditiously move for conditional certification of the FLSA 

claims given the fact that the statute of limitation on the FLSA claims continues to run during the 

motion and notice procedures and until a collective member files an opt-in with the Court. 

8. Given that the Parties are attempting to work towards an amicable resolution and the 

Court has set a September 14, 2017 mediation completion deadline, they agree to toll the statute of 

limitation for the collective’s individual FLSA claims, and the time for them to opt-in to become 

collective members, from May 5, 2017 to September 14, 2017. To that end, the Parties stipulate as 

follows: 

STIPULATION 

NOW, THEREFORE, Plaintiff and Defendant stipulate and request that the Court enter the 

concurrently provided [Proposed] Order granting their FLSA tolling agreement as follows: 

1. Tolling Provision. No statute of limitations on any claim by a current or former 

employee of Defendant under the FLSA shall run against Plaintiff and any member of the putative 

collective in this action, and the same shall be tolled, during the period of time while this Agreement 

is in effect, i.e. May 5, 2017 to September 14, 2017. Additionally, neither Party shall assert or rely 

upon the period of time while this Agreement is in effect as a bar, laches, or for any other purpose to 

defeat such a claim. This paragraph does not apply to claims made to enforce this Agreement. 

2. Nothing contained in this Agreement shall be deemed an admission by any Party 

with respect to any allegations or claims. 
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JOINT STIPULATION AND AGREEMENT FOR TOLLING OF FLSA CLAIMS; 

[PROPOSED] ORDER 

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3. Duration. This Agreement is effective as of May 5, 2017, and shall terminate on 

September 14, 2017. 

4. Use of Agreement. During the term of this Agreement, Plaintiff shall refrain and 

forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against 

Defendant raising FLSA claims. Except as specifically stated, this Agreement shall not be deemed to 

constitute a waiver of any rights, claims or defenses of the Parties to this Agreement, nor shall it be 

deemed to limit or affect any defense based upon the statute of limitations, laches, or any other 

limitations (whether equitable, statutory, contractual or otherwise) to the extent such defense could 

have been asserted on or before May 5, 2017. 

5. Modification. This Agreement can be modified only in a writing signed by the Parties. 

This Agreement shall constitute the entire understanding between the Parties concerning the subject 

matter of this Agreement and supersedes and replaces all prior negotiations, proposed agreements, 

and agreements, written or oral, relating to this subject. 

IT IS SO STIPULATED. 

Dated: May 9, 2017 QUINTILONE & ASSOCIATES 

By: ___________________________________ 

RICHARD E. QUINTILONE II, 

ALVIN B. LINDSAY, 

GEORGE A. ALOUPAS 

Attorney for Plaintiff JENNIFER ANDERSON, 

on behalf of herself and on behalf of a Class of all 

other persons similarly situated and the collective 

Dated: May 9, 2017 SEDGWICK LLP 

By: /s/Delia A. Isvoranu 

ROBERT D. EASSA, 

DELIA A. ISVORANU 

Attorneys for Defendant, CHEVRON U.S.A. INC. 

/// 

/// 
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JOINT STIPULATION AND AGREEMENT FOR TOLLING OF FLSA CLAIMS; 

[PROPOSED] ORDER 

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[PROPOSED] ORDER 

The Court has reviewed the above Joint Stipulation and Agreement for Tolling of FLSA 

Claims (“Joint Stipulation”) submitted by Plaintiff, Jennifer Anderson (“Plaintiff”), on behalf of 

herself and other similarly situated employees of Defendant Chevron USA Inc. (“Defendant”) 

(collectively, “the Parties”). 

With GOOD CAUSE appearing, and pursuant to the Parties’ Joint Stipulation, the Court 

herby ORDERS that the Joint Stipulation is entered consistent with the terms and the Parties’ 

agreement as set forth above. 

IT IS SO ORDERED. 

 Dated: ____________, 2017. 

________________________________ 

HON. EDWARD M. CHEN 

United States District Judge 

5/10

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Edward M. Chen
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PROOF OF SERVICE 

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PROOF OF SERVICE 

I, the undersigned, declare as follows: 

I am a citizen of the United States, over the age of 18 years, and not a party to the within action. I am an 

employee of or agent for Quintilone & Associates, whose business address is 22974 El Toro Rd., Suite 100, 

Lake Forest, CA 92630-4961. 

On May 9, 2017, I served the foregoing document(s): 

JOINT STIPULATION AND AGREEMENT FOR TOLLING OF FLSA CLAIMS; 

PROPOSED ORDER 

on the following parties in this action addressed as follows: 

SEE ATTACHED SERVICE LIST 

______ (BY US-MAIL) I caused a true copy of each document, placed in a sealed envelope with postage 

fully paid, to be placed in the United States mail at Lake Forest, California. I am "readily 

familiar" with this firm's business practice for collection and processing of mail, that in the 

ordinary course of business said document(s) would be deposited with the U.S. Postal Service on 

that same day. I understand that the service shall be presumed invalid if the postal cancellation 

date or postage meter date on the envelope is more than one day after the date of deposit for 

mailing contained on this affidavit. 

______ (BY OVERNIGHT DELIVERY) I caused a true copy of each document, placed in a sealed 

envelope with delivery fees provided for, to be deposited in a box regularly maintained by Federal 

Express or Overnight Express. I am readily familiar with this firm's practice for collection and 

processing of documents for overnight delivery and know that in the ordinary course of 

Quintilone & Associates’ business practice the document(s) described above will be deposited in a 

box or other facility regularly maintained by Federal Express or Overnight Express or delivered to 

a courier or driver authorized by Federal Express or Overnight Express to receive documents on 

the same date it is placed at Quintilone & Associates for collection.

______ (BY FACSIMILE) By use of facsimile machine number 949.458.9679, I served a copy of the 

within document(s) on the above interested parties at the facsimile numbers listed above. The 

transmission was reported as complete and without error. The transmission report was properly 

issued by the transmitting facsimile machine. 

___X___ (BY E-MAIL through ECF) I caused a true and correct copy of each document to be delivered by 

Electronic Mail through the Court’s ECF system 

Executed on May 9, 2017, at Lake Forest, California 

___X___ (FEDERAL) I declare under penalty of perjury that the above is true and correct. 

_______ (STATE) I declare under penalty of perjury that the above is true and correct. 

 

_______________________ 

 ALVIN B. LINDSAY
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PROOF OF SERVICE 

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SERVICE LIST 

Robert D. Eassa, Esq. Counsel for Defendant Chevron U.S.A, Inc. 

Delia A. Isvoranu, Esq. 

Sedgwick, LLP 

333 Bush Street, 30th Floor 

San Francisco, CA 94104-2834 

Phone: 415.627.1578 direct 

Fax: 877.547.2780 

Email: Robert.Eassa@sedgwicklaw.com 

Delia.Isvoranu@sedgwicklaw.com

Roger Carter, Esq. Co-counsel for Plaintiff and Class 

Bianca A. Sofonio, Esq. 

The Carter Law Firm 

23 Corporate Plaza Drive, Suite 150 

Newport Beach Ca 92660 

Telephone: (949) 629-2565 

Email: rcarter@carterlawfirm.net; bianca@carterlawfirm.net 

Marc H. Phelps, Esq. 

The Phelps Law Group 

23 Corporate Plaza Drive, Suite 150 

Newport Beach CA 92660 

Telephone: (949) 629-2565 

Email: marc@phelpslawgroup.com 

Q&A Case No.: 16.01263