Medlock v. Taco Bell Corp., et al.

Filing 156

ORDER RE: JOINT STIPULATION to Continue Deadline Whether Yum! Brands, Inc. is a Proper Party Defendant, Signed by Judge Oliver W. Wanger on 2/23/2010. (Arellano, S.)

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

2180902

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

[e-mail]

3 David Cheng (SBN 240926) 4 Initiative Legal Group, APC 6 Facsimile: [phone]
Telephone: [phone]

[e-mail] 1800 Century Park East, Second Floor

5 Los Angeles, California 90067

7 Interim Lead Counsel for Plaintiffs 8 Kenneth H. Yoon (State Bar No. 198443) 9 One Wilshire Boulevard, Suite 2200 10 Telephone: [phone] [e-mail] 13 444 S. Flower Street
Facsimile: [phone] Los Angeles, California 90017-3383 LAW OFFICES OF KENNETH H. YOON

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

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

17 LAW OFFICES OF PETER M. HART 18 Marina Del Rey, California 90292 19 Facsimile: [phone] 20 21
[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

22 Law Offices of Timothy J. Donahue 23 Orange, California 92866 24 Facsimile: [phone] 26 27 28
Telephone: [phone]

25 Liaison Counsel for Plaintiff Miriam Leyva

2180902

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

1 Jerusalem F. Beligan (SBN 211528) 2 One Newport Place
Bisnar | Chase, LLP

3 Newport Beach, California 92660 4 Facsimile: [phone] 5 6 7 8 9 10 11 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

1301 Dove Street, Suite 120 Telephone: [phone] [e-mail]

Counsel for Plaintiff Endang Widjaja

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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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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 30 days to March 31, 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 was extended from November 30, 2009 to January 29, 2010 due to the 9 consolidation of a related action, Endang Widjaja v. Yum! Brands, Inc., et al., Case No. 1:09-cv10 1074-OWW-DLB. 11
2. On January 20, 2010, the parties filed a joint stipulation to further continue the

12 deadline for Defendant to file any dispositive motion of whether Yum is a proper party defendant 13 on the premise that the parties believed they could resolve informally the issue by stipulation and 14 without the need for motion practice. Consequently, on January 22, 2010, the Court entered an 15 Order further continuing the deadline for Defendants to file any dispositive motion on that issue 16 from January 29, 2010 to March 1, 2010. 17 19 21 23 25
3. To date, the parties are continuing to meet and confer in good faith on a stipulation

18 that would resolve informally Yum's involvement in this action.
4. Such stipulation resolving Yum's involvement in this action is likely to eliminate

20 the need to file a dispositive motion.
5. The deadline for Defendants to file a dispositive motion on the issue is rapidly

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

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

26 work out the details of a stipulation. The parties agree that a continuance of 30 days, from March 27 1, 2010 to March 31, 2010, of Defendants' deadline to file a dispositive motion on this issue is 28 sufficient for this purpose.
-12180902 JOINT STIPULATION AND ORDER TO CONTINUE DEADLINE WHETHER YUM! BRANDS, INC. IS A PROPER PARTY DEFENDANT

1 2

8.

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

3 Defendants to file a dispositive motion as to whether Yum is a proper party defendant by 30 days 4 to March 31, 2010. 5 Dated: February ___, 2010 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-22180902 JOINT STIPULATION AND ORDER TO CONTINUE DEADLINE WHETHER YUM! BRANDS, INC. IS A PROPER PARTY DEFENDANT

Initiative Legal Group, APC

By: ____________________________ Mónica Balderrama David Cheng Gregory Yu Interim Lead Counsel for Plaintiffs Dated: February ___, 2010 Irell & Manella LLP

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

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 30 days, from March 1, 2010, to March 31, 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 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-32180902 JOINT STIPULATION AND ORDER TO CONTINUE DEADLINE WHETHER YUM! BRANDS, INC. IS A PROPER PARTY DEFENDANT

IT IS SO ORDERED. Dated: February 23, 2010 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE