Richard Sinohui v. CEC Entertainment, Inc.

Filing 31

PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order 30 (See Order for details) (dts)

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GARY M. MCLAUGHLIN (SBN 217832)
CHRISTOPHER K. PETERSEN (SBN 260631)
AKIN GUMP STRAUSS HAUER & FELD LLP
2029 Century Park East, Suite 2400
Los Angeles, CA 90067-3010
Phone:
(310)-229-1000
Attorneys for Defendant,
CEC ENTERTAINMENT, INC.

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James M. Trush, Esq. (SBN 140088)
TRUSH LAW OFFICE, APC.
695 Town Center Drive, Suite 700
Costa Mesa, CA 92626-7187
Tel.: [phone]
Todd H. Harrison, Esq. (SBN 230542)
Brennan S. Kahn, Esq. (SBN 259548)
PERONA, LANGER, BECK, SERBIN,
MENDOZA & HARRISON, APC.
300 East San Antonio Drive
Long Beach, California 90807
Phone: [phone]; Fax: [phone]
Attorneys for Plaintiff, RICHARD SINOHUI

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION

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RICHARD SINOHUI, on behalf of
Case No. 5:14-cv-02516-JLS (KKx)
himself and all others similarly situated,

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[Assigned to Hon. Josephine L. Stanton]

Plaintiffs,

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER RE
DISCOVERY OF IDENTITIES OF
CLASS MEMBERS

vs.
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CEC ENTERTAINMENT, INC., a
Kansas corporation; and DOES 1
through 100, inclusive.
Defendant.

Action Filed:

October 10, 2014

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STIPULATION RE DISCOVERY OF IDENTITIES OF CLASS MEMBERS

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In this lawsuit, Plaintiff, Richard Sinohui (“Plaintiff”), on behalf of himself

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and other current and former employees and the general public, seek damages and

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other relief against Defendant, CEC Entertainment, Inc. (“Defendant”), for alleged

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violations of the California Labor Code and other unlawful business practices

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alleged in his complaint. During discovery, Plaintiff requested that Defendant

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identify all putative class members during the relevant time period. Defendant

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objected to providing this information based on the privacy protections of Article I,

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Section I of the California Constitution, among other reasons. The parties met and

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conferred about the information sought and agreed to a method balancing the

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Plaintiff’s need for the information and the privacy rights of the Defendant and

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third parties concerned.

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THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff,

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by and through his counsel of record, James M. Trush of the Trush Law Office,

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APC. and Todd H. Harrison of Perona, Langer, Beck, Serbin, Mendoza &

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Harrison, APC., and Defendant, by and through its counsel of record, Gary M.

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McLaughlin of Akin Gump Strauss Hauer & Feld, LLP., as follows:

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1.

Kurtzman Carson Consultants (“KCC” or ‘the Administrator”), a third

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party administrator shall mail the letter attached as Exhibit “A” to all of

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Defendant’s current and former employees who may be members of the putative

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classes alleged in the complaint. Defendant will provide to the Administrator the

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names, last known addresses and last known telephone numbers (to the extent

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available) within ten (10) calendar days after written notice of the order on this

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stipulation;

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2.

If an individual identified above does not want his/her address or

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telephone number to be provided to the Plaintiffs, he/she may sign and return the

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postage-prepaid postcard attached as Exhibit “B”;

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///

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STIPULATION RE DISCOVERY OF IDENTITIES OF CLASS MEMBERS

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3.

Thirty (30) days after mailing Exhibit “A,” the Administrator shall

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provide Plaintiff with the names, addresses and telephone numbers of all current

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and former employees who may be a member of the classes alleged in the

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complaint and who did not sign and return the postcard attached as Exhibit “B”.

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The Administrator shall provide Defendant with a list of those class members who

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did sign and return the postcard;

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4.

Plaintiff’s representatives may contact the individuals to discover

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whether they have knowledge of the alleged Labor Code violations and alleged

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unfair business practices;

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5.

Plaintiff shall keep the names and contact information of putative

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class members and any information discovered by this process confidential, and

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shall use such information only for purposes of investigating, prosecuting and/or

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settlement of this litigation only, such information to be treated as Confidential

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information under the parties’ Stipulated Protective Order; and

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6.

The parties agree that this procedure is consistent with Belaire-West

Landscape, Inc. v. Sup. Ct. (2007) 149 Cal.App.4th 554.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 1

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Dated: June 16, 2015

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AKIN GUMP STRAUSS HAUER &
FELD, LLP
GARY M. MCLAUGHLIN
By:

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//s//
Gary M. McLaughlin
Attorneys for Defendant,
CEC ENTERTAINMENT, INC.

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1

Pursuant to Local Rule 5-4.3.4(a)(2), the filing party has obtained the
authorization and approval of all signatories listed to file this stipulation.
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STIPULATION RE DISCOVERY OF IDENTITIES OF CLASS MEMBERS

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Dated: June 16, 2015

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TRUSH LAW OFFICE, APC
JAMES M. TRUSH

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By:

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//s//
James M. Trush
Attorneys for Plaintiff
Richard Sinohui

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Dated: June 16, 2015

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PERONA LANGER BECK SERBIN
MENDOZA, APC
TODD H. HARRISON

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By:

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//s//
Todd H. Harrison
Attorneys for Plaintiff
Richard Sinohui

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FOR GOOD CAUSE SHOWN, IT IS ORDERED.

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Dated: July 15, 2015

By
Hon. Kenly Kiya Kato
United States Magistrate Judge

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STIPULATION RE DISCOVERY OF IDENTITIES OF CLASS MEMBERS