Medlock v. Taco Bell Corp., et al.

Filing 150

JOINT STIPULATION and ORDER To Continue Deadline Whether Yum! Brands, Inc. Is a Proper Party Defendant, signed by Judge Oliver W. Wanger on 1/22/2010. (Deadline for Defendants to file any dispositive motion on the issue stated is continued from 1/29/2010 to 3/1/2010.) (Gaumnitz, R)

1 [Counsel listed on following page.] 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
JOINT STIPULATION AND ORDER TO CONTINUE DEADLINE WHETHER YUM! BRANDS, INC. IS A PROPER PARTY DEFENDANT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION ACTIONS ) ) ) ) ) ) ) ) ) ) ) Master File: 1:07-cv-01314-OWW-DLB JOINT STIPULATION AND ORDER TO CONTINUE DEADLINE WHETHER YUM! BRANDS, INC. IS A PROPER PARTY DEFENDANT

11 IN RE TACO BELL WAGE AND HOUR

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2180902

1 Mónica Balderrama (SBN 196424) 2 Shawn Westrick (SBN 235313) 3 Gregory Yu (SBN 230520)
[e-mail] [e-mail]

[e-mail]

4 David Cheng (SBN 240926)

5 Initiative Legal Group, APC 7 Facsimile: [phone]
Telephone: [phone]

[e-mail]

6 Los Angeles, California 90067

1800 Century Park East, Second Floor

8 Interim Lead Counsel for Plaintiffs 9 Kenneth H. Yoon (State Bar No. 198443) 10 One Wilshire Boulevard, Suite 2200 11 Telephone: [phone] [e-mail] 14 444 S. Flower Street
Facsimile: [phone] Los Angeles, California 90017-3383 LAW OFFICES OF KENNETH H. YOON

13 Larry W. Lee (State Bar No. 228175)
DIVERSITY LAW GROUP, APC Citigroup Center, Suite 1370 Telephone: [phone] [e-mail]

15 Los Angeles, California 90071 16 Facsimile: [phone] 17

18 LAW OFFICES OF PETER M. HART 19 Marina Del Rey, California 90292 20 Facsimile: [phone] 21 22
[e-mail] Telephone: [phone] Bora Bora Way, F-320

Peter M. Hart (State Bar No. 198691)

Liaison Counsel for Plaintiff Loraine Naranjo Timothy J. Donahue (State Bar No. 110501) 374 South Glassell Street

23 Law Offices of Timothy J. Donahue 24 Orange, California 92866 25 Facsimile: [phone] 27 28
Telephone: [phone]

26 Liaison Counsel for Plaintiff Miriam Leyva

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2180902

JOINT STIPULATION AND ORDER TO CONTINUE DEADLINE WHETHER YUM! BRANDS, INC. IS A PROPER PARTY DEFENDANT

1 Layn R. Phillips (SBN 103854) 2 Andra Barmash Greene (SBN 123931) 3 Julie M. Davis (SBN 232488) 4 Aaron H. Cole (236655) 5 Irell & Manella LLP
[e-mail] [e-mail] [e-mail] [e-mail]

6 Newport Beach, California 92660-6324 7 Facsimile: [phone] 8 LITTLER MENDELSON 9
Telephone: [phone]

840 Newport Center Drive, Suite 400

Spencer H. Hipp (SBN 90485) [e-mail] 5200 North Palm Avenue, Suite 302 10 Fresno, California 93704-2225 Telephone: [phone] Facsimile: [phone]

12 Attorneys for Defendants 13 and Yum! Brands, Inc. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Taco Bell Corp., Taco Bell of America, Inc.

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2180902

JOINT STIPULATION AND ORDER TO CONTINUE DEADLINE WHETHER YUM! BRANDS, INC. IS A PROPER PARTY DEFENDANT

1

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and Defendants

2 that, pending approval by the Court, the deadline for Defendant Yum! Brands, Inc. ("Yum") to file 3 its summary judgment motion is hereby continued by 31 days to March 1, 2010, as set forth 4 below: 5 6
This stipulation is based on the following facts: 1. Pursuant to the Court's October 21, 2009 Order Continuing Deadlines Re Whether

7 Yum! Brands, Inc. is a Proper Party Defendant, the deadline for Defendants to file any dispositive 8 motion on that issue is January 29, 2010. The Court, on joint stipulation by the parties, previously 9 extended the deadline for Defendants to file a dispositive motion on the issue of whether Yum is a 10 proper party Defendant from November 30, 2009. 11 13 14 16 18
2. Plaintiffs and Defendants believe that they may resolve the issue of whether Yum is

12 a proper party defendant by stipulation.
3. 4. Such stipulation is likely to eliminate the need to file a dispositive motion. The deadline for Defendants to file a dispositive motion on the issue is rapidly

15 approaching.
5. The filing of a dispositive motion by Defendants may moot or otherwise harm the

17 parties' attempt to resolve the issue by stipulation.
6. The parties have met and conferred and have agreed that more time is needed to

19 work out the details of a stipulation. The parties agree that a continuance of 31 days, from January 20 29, 2010 to March 1, 2010, of Defendants' deadline to file a dispositive motion on this issue is 21 sufficient for this purpose. 22 23
7. The agreed upon continuance shall not affect any other deadlines. Accordingly, the parties hereby apply to the Court for an order continuing the deadline for

24 Defendants to file a dispositive motion as to whether Yum is a proper party defendant by 31 days 25 to March 1, 2010. 26 27 28
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2180902 JOINT STIPULATION AND ORDER TO CONTINUE DEADLINE WHETHER YUM! BRANDS, INC. IS A PROPER PARTY DEFENDANT

1 Dated: January 20, 2010 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Dated: January 20, 2010

Initiative Legal Group, APC

By: /s/ David Cheng Mónica Balderrama Gregory Yu David Cheng Interim Lead Counsel for Plaintiffs Irell & Manella LLP

By: /s/ Julie M. Davis Layn R. Phillips Andra Barmash Greene Julie M. Davis Aaron H. Cole Attorneys for Defendants

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2180902 JOINT STIPULATION AND ORDER TO CONTINUE DEADLINE WHETHER YUM! BRANDS, INC. IS A PROPER PARTY DEFENDANT

1 2 4

ORDER The Court has read and considered the Joint Stipulation To Continue Deadline Whether

3 Yum! Brands, Inc. Is A Proper Party Defendant.
Good cause appearing pursuant to Rule 16(b)(4), IT IS ORDERED that the deadline for

5 Defendants to file any dispositive motion on the issue of whether Yum! Brands, Inc. is a proper 6 party defendant be continued by 31 days, from January 29, 2010, to March 1, 2010; and that the 7 filing and hearing schedule for such motion shall be in accordance with the Local Rules for the 8 Eastern District of California. 9 10 11 12 Dated: January 22, 2010 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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2180902 JOINT STIPULATION AND ORDER TO CONTINUE DEADLINE WHETHER YUM! BRANDS, INC. IS A PROPER PARTY DEFENDANT

IT IS SO ORDERED.

/s/ OLIVER W. WANGER Hon. Oliver W. Wanger U.S. District Court Judge