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4824-2043-8877.1 1 1:17-cv-597-NJV

JOINT STIPULATION TO CONTINUE CLASS CERTIFICATION BRIEFING BY TWO WEEKS

Patrick N. Keegan, Esq. (SBN 167698) 

pkeegan@keeganbaker.com

James M. Treglio, Esq. (228077) 

jtreglio@keeganbaker.com

KEEGAN & BAKER, LLP

6156 Innovation Way 

Carlsbad, CA 92009 

Tel: (760) 929-9303 

Fax: (760) 929-9260 

Attorneys for Plaintiff JAMES CUNHA 

LEWIS BRISBOIS BISGAARD & SMITH llp

DEREK S. SACHS, SBN 253990 

 E-Mail: Derek.Sachs@lewisbrisbois.com

ASHLEY N. ARNETT, SB# 305162 

 E-Mail: Ashley.Arnett@lewisbrisbois.com 

2020 West El Camino Avenue, Suite 700 

Sacramento, CA 95833 

Telephone: 916.564.5400 

Facsimile: 916.564.5444 

Attorneys for Defendant Chico Produce, Inc. dba ProPacific Fresh 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

JAMES CUNHA, an individual, on behalf of 

himself and all others similarly situated,

Plaintiffs,

vs. 

INTELLICHECK, LLC, a California Limited 

Liability Company; PROPACIFIC FRESH, 

INC., a California Corporation; and Does 1 

through 100,

Defendants.

CASE NO. 3:17-cv-00597-JST

JOINT STIPULATION AND [PROPOSED] 

ORDER CONTINUING CLASS 

CERTIFICATION BRIEFING BY TWO 

WEEKS

Action Filed: December 21, 2016 

Summons Served: January 6, 2017 

Removal Date: February 6, 2017 

Trial Date: None set

Pursuant to Civ. L.R. 16-2(d), Plaintiff James Cunha (“Plaintiff”), by and through his 

attorneys, and Chico Produce, Inc. (“Chico Produce”), by and through its attorneys, Lewis 

Brisbois Bisgaard & Smith, LLP, files this Joint Stipulation Continuing the Class Certification 
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2 1:17-cv-597-JST

JOINT STIPULATION AND [PROPOSED] ORDERTO CONTINUE CLASS CERTIFICATION BRIEFING BY 

TWO WEEKS

Briefing By Two Weeks. In support of this Joint Stipulation, Chico Produce and Plaintiff state as 

follows: 

1. Plaintiff James Cunha filed his Class Action Complaint on December 20, 2016 in 

the Superior Court of the State of California for the County of Humboldt.

2. On February 6, 2017, Chico Produce removed the action to this Court (ECF No. 1.) 

3. On May 25, 2017, the Court heard Defendant Chico Produce’s second Motion to 

Dismiss, which was granted in part and denied in part. (ECF No. 59.) 

4. On June 17, 2017, the Court issued a Scheduling Order stating that the Plaintiff had 

until February 13, 2018 to file his Motion for Class Certification. (ECF No. 70).

5. On September 18, 2017, Chico Produce served its responses to Plaintiff’s First Set 

of Interrogatories. In those responses, Chico Produce stated that 47 people had signed the same 

authorization and disclosure forms as Plaintiff as part of their application for employment with 

Chico Produce.

6. On October 10, 2017, Chico Produce produced a list of 47 individuals who it 

identified as members of the putative class. 

7. On October 13, 2017, the Parties filed two separate Joint Letter Briefs regarding 

Chico Produce’s responses to Plaintiff’s First Set of Interrogatories (ECF Nos. 91 and 92), which 

were referred to the Magistrate. (ECF No. 93).

8. On November 16, 2017, the Parties were ordered to attend proceedings in front of 

the Hon. Magistrate Judge Joseph C. Spero, and the Parties agreed that Chico Produce would 

produce amended responses to discovery and produce additional documents.

9. On December 22, 2017, pursuant to the Parties’ agreement, Chico Produce served 

amended responses to Plaintiff’s First Set of Interrogatories. In the responses served on December 

22, 2017, Chico Produce stated that 92 individuals had undergone a consumer report as part of 

their application for employment with Chico Produce. Additionally, on December 22, 2017, Chico 

Produce produced 334 pages of documents. It did not update the October 10, 2017 class list at that 

time.

10. On January 26, 2018, the Parties submitted a Letter Briefs regarding Plaintiff’s 
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3 1:17-cv-597-JST

JOINT STIPULATION AND [PROPOSED] ORDERTO CONTINUE CLASS CERTIFICATION BRIEFING BY 

TWO WEEKS

Responses to Chico Produce’s written discovery. (ECF Nos. 102 and 103). 

11. On February 2, 2018, the Parties and the Court held a Case Management 

Conference where Plaintiff raised his concerns regarding discovery the disparity in the number of 

class members stated by Chico Produce in its various responses. Chico Produce also raised 

discovery issues at the February 2, 2018 hearing. As a result, the Court scheduled February 14, 

2018 as the date by which the Parties shall submit a Joint Letter Brief on their discovery issues to 

the Magistrate. (ECF No. 105).

12. On February 9, 2018, the Magistrate issued an order requiring the Parties to attend 

a discovery conference on February 23, 2018 regarding the Letter Briefs filed on January 26, 

2018. (ECF No. 106). The Magistrate’s order also stated that it would seek to resolve the issues 

raised at the February 2, 2018 Case Management Conference on February 23, 2018. The Court’s 

clerk has stated that the Magistrate will not require any letter briefs until after the February 23, 

2018 meet and confer session, and only then to address any unresolved issues.

13. As a result, the Magistrate’s conference set for February 23, 2018 may very well 

resolve several discovery disputes that will impact Plaintiff’s Motion for Class Certification, as 

well as Defendant’s defenses to Plaintiff’s Motion.

14. Further, the Parties are currently exploring deposition dates for Chico Produce’s 

30(b)(6) witness on or shortly after February 27, 2018. 

15. Thus, to allow the Parties to complete discovery, and to resolve all ongoing 

discovery disputes, the Parties request the Court modify the Scheduling Order (ECF No. 70) as 

follows: 

a. Deadline to File Class Certification Motion – March 9, 2018

b. Deadline to File Opposition to Class Certification – April 6, 2018

c. Deadline to File Class Certification Reply – April 20, 2018

d. Class Certification Hearing – May 10, 2018
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4 1:17-cv-597-JST

JOINT STIPULATION AND [PROPOSED] ORDERTO CONTINUE CLASS CERTIFICATION BRIEFING BY 

TWO WEEKS

[PROPOSED] ORDER

PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO 

ORDERED THAT

The Court’s June 17, 2017 Scheduling Order (ECF No. 70) is hereby modified as follows: 

a. Deadline to File Class Certification Motion – March 9, 2018 

b. Deadline to File Opposition to Class Certification – April 6, 2018 

c. Deadline to File Class Certification Reply – April 20, 2018 

d. Class Certification Hearing – May 10, 2018 

DATED: ________________________ ______________________________________ 

Hon. Jon S. Tigar 

United States District Court Judge

Date: February 13, 2018 

KEEGAN & BAKER LLP

/s/ James M. Treglio

Patrick N. Keegan

James M. Treglio

Attorney for Plaintiff

JAMES CUNHA

Date: February 13, 2018 LEWIS BRISBOIS BISGAARD & SMITH 

LLP

/s/ Derek S. Sachs

Derek S. Sachs

Ashley N. Arnett

Sharon G. Gelbart 

Attorney for Defendant 

CHICO PRODUCE, INC., D/B/A CHICO 

PRODUCE FRESH, INC.

February 14, 2018