Free Motion for Hearing or Conference - District Court of Arizona - Arizona

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LATHAM & WATKINS LLP Joel E. Krischer (California SBN 066489) (admitted pro hac vice) [email protected] Joanna R. Wolfe (California SBN 217409) (admitted pro hac vice) [email protected] 633 West Fifth Street, Suite 4000 Los Angeles, California 90071-2007 Telephone: (213) 485-1234 Facsimile: (213) 891-8763 LATHAM & WATKINS LLP Scott A. Schoettes (Illinois SBN 6282105) (admitted pro hac vice) [email protected] John R. Hayes (Illinois SBN 6286365) (admitted pro hac vice) [email protected] 233 S. Wacker Dr., Suite 5800 Chicago, Illinois 60606 Telephone: (312) 876-7683 Facsimile: (312) 993-9767 SEYFARTH SHAW LLP Andrew M. Paley (California SBN 149699) (admitted pro hac vice) [email protected] 2029 Century Park East, Suite 3300 Los Angeles, California 90067-3063 Telephone: (310) 277-7200 Facsimile: (310) 201-5219 Attorneys for Defendants

18 UNITED STATES DISTRICT COURT 19 FOR THE DISTRICT OF ARIZONA 20 21 22 23 24 25 26 27 28 IN RE ALLSTATE INSURANCE CO. FAIR LABOR STANDARDS ACT LITIGATION MDL NO. 1541 ALL CASES DEFENDANTS' REQUEST FOR CASE MANAGEMENT CONFERENCE Assigned to the Hon. Paul G. Rosenblatt

Case 2:03-md-01541-PGR

Document 185

Filed 06/28/2007

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Allstate hereby requests that the Court set a Case Management or Status Conference to assess the current status and establish deadlines for the further management of this case. The parties last appeared before the Court on January 24, 2006, to argue the thenpending motions to facilitate notice for all cases, as well as the summary judgment and discovery motions regarding just the Gaglione case. While the latter two motions have remained under submission several courts have issued decisions that could have a significant impact on this case. In In re Farmers Insurance Exchange, 466 F. 3d 853 (9th Cir. 2006), the Ninth Circuit ruled that all of Farmers Insurance Exchange's personal lines claims adjusters, whether handling claims for auto physical damage, bodily injury, or property damage, were properly classified as exempt under the FLSA.1 That decision came after and cited with approval Cheatham v. Allstate Ins. Co., 465 F. 3d 578 (5th Cir 2006), which held that several Allstate property and casualty adjusters were properly classified as exempt under the FLSA. Allstate filed pleadings to bring these cases to this Court's attention as they were decided. Allstate has recently taken the depositions of the lead plaintiffs in both Wunder and Montano and believes that the parties and the Court would be best served by discussing how to proceed further in this matter. Counsel for Allstate has had discussions regarding this issue with liaison counsel for the Plaintiffs, Kelly McInerney, and although the parties could not agree on a course of action, Ms. McInerney said she would not object if Allstate asked the Court to schedule a status or case management conference. WHEREFORE, Allstate respectfully requests that this Court set a Case Management or Status Conference for a date as soon as the Court's schedule will permit.

The Ninth Circuit denied plaintiffs motion for panel rehearing and rehearing en banc in In re Farmers Insurance Exchange on March 30, 2006. The plaintiffs have until June 28, 2006, to file a petition for certiorari with the United States Supreme Court.

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DATED this 28th day of June, 2007.

By: s/Scott A. Schoettes Scott A. Schoettes LATHAM & WATKINS LLP Attorneys for Defendants Allstate Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Indemnity Company, Karl Meckert and Kim Lowe

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CERTIFICATE OF SERVICE I hereby certify that on June 28, 2007, I electronically transmitted the attached document described as DEFENDANTS' REQUEST FOR CASE MANAGEMENT CONFERENCE to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Clerk, United States District Court Sandra Day O'Connor U.S. Courthouse 401 West Washington Street, Suite 130, SPC 1 Phoenix, AZ 85003-2118 Kelly McInerney, Esq. McInerney & Jones 18124 Wedge Parkway, Suite 503 Reno, NV 89511 [email protected] Attorneys for Plaintiffs in Rosa v. Allstate George Sintsirmas, Esq. George Sintsirmas, LLC 6212 Coldstream Road Highland Heights, OH 44143 [email protected] Attorneys for Plaintiffs in Gaglione v. Allstate Mark Wintering, Esq. Robert E. Sweeney Co., LPA 55 Public Square, Suite 1500 Cleveland, OH 44113 [email protected] Attorneys for Plaintiffs in Gaglione v. Allstate Steven M. Weiss, Esq. Law Offices of Steven M. Weiss 1250 Illuminating Building 55 Public Square, Suite 1009 Cleveland, OH 44113 [email protected] Attorneys for Plaintiffs in Gaglione v. Allstate James A. Jones, Esq. Karla S. Jackson, Esq. Gillespie, Rozen, Watsky, Motley & Jones 3402 Oak Grove Avenue, Suite 200 Dallas, TX 75204 [email protected] [email protected] Attorneys for Plaintiffs in Wunder v. Allstate

Andrea Elisabeth Watters, Esq. Watters Law Office, PC 2807 East Broadway Boulevard Tucson, AZ 85716 [email protected] Attorneys for Plaintiffs in Montano v. Allstate

By: s/Scott A. Schoettes Attorney for Defendants

Case 2:03-md-01541-PGR

Document 185

Filed 06/28/2007

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