Medlock v. Taco Bell Corp., et al.

Filing 158

ORDER And Joint STIPULATION Re Vacation Claim, Discovery Related To Yum! Brands, Inc., And Dismissal of Yum! Brands, Inc., signed by Judge Oliver W. Wanger on 3/30/2010. It is ORDERED: Defendant Yum! Brands, Inc. is dismissed without prejudice from the above-entitled action. Each party shall bear its own fees and expenses in connection with the dismissal.(Scrivner, E)

1 [Counsel listed on following page.] 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Master File: 1:07-cv-01314-OWW-DLB ORDER AND JOINT STIPULATION RE VACATION CLAIM, DISCOVERY RELATED TO YUM! BRANDS, INC., AND DISMISSAL OF YUM! BRANDS, INC.

11 IN RE TACO BELL WAGE AND HOUR ) ACTIONS ) 12 ) ) 13 ) ) 14 ) ) 15 ) ) 16 ) 17 18 19 20 21 22 23 24 25 26 27 28

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1 IRELL & MANELLA LLP Layn R. Phillips (103854) ([e-mail]) 2 Andra Barmash Greene (123931) ([e-mail]) Julie M. Davis (232488) ([e-mail]) 3 Aaron H. Cole (236655) ([e-mail]) 840 Newport Center Drive, Suite 400 4 Newport Beach, California 92660-6324 Telephone: [phone] Facsimile: [phone] 6 LITTLER MENDELSON Spencer H. Hipp (90485) ([e-mail]) 7 5200 North Palm Avenue, Suite 302 Fresno, California 93704-2225 8 Telephone: [phone] Facsimile: [phone] 9 Attorneys for Defendants Taco Bell Corp. and 10 Taco Bell of America, Inc., and Yum! Brands, Inc. 11 12 Mónica Balderrama (SBN 196424) [e-mail] 13 David Cheng (SBN 240926) [e-mail] 14 Katherine DenBleyker (SBN 257187) [e-mail] 15 Initiative Legal Group, APC 1800 Century Park East, Second Floor 16 Los Angeles, California 90067 Telephone: [phone] Facsimile: [phone] 18 Interim Lead Counsel for Plaintiffs 19 Kenneth H. Yoon (State Bar No. 198443) Law Offices of Kenneth H. Yoon 20 One Wilshire Boulevard, Suite 2200 Los Angeles, California 90017-3383 21 Telephone: [phone] Facsimile: [phone] 22 [e-mail] 23 Larry W. Lee (State Bar No. 228175) Diversity Law Group, APC 24 444 S. Flower Street Citigroup Center, Suite 1370 25 Los Angeles, California 90071 Telephone: [phone] Facsimile: [phone] [e-mail] 27 28

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1 Peter M. Hart (State Bar No. 198691) Law Offices of Peter M. Hart 2 13952 Bora Bora Way, F-320 Marina Del Rey, California 90292 3 Telephone: [phone] Facsimile: [phone] 4 [e-mail] 5 Liaison Counsel for Plaintiff Loraine Naranjo 6 Timothy J. Donahue (State Bar No. 110501) Law Offices of Timothy J. Donahue 7 374 South Glassell Street Orange, California 92866 8 Telephone: [phone] Facsimile: [phone] 9 Liaison Counsel for Plaintiff Miriam Leyva 10 11 Jerusalem F. Beligan (SBN 211528) Bisnar | Chase, LLP 12 One Newport Place 1301 Dove Street, Suite 120 13 Newport Beach, California 92660 Telephone: [phone] Facsimile: [phone] [e-mail] 15 Counsel for Plaintiff Endang Widjaja 16 17 18 19 20 21 22 23 24 25 26 27 28

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1

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and

2 Defendants Taco Bell Corp., Taco Bell of America, Inc. and Yum! Brands, Inc. 3 ("Defendants"), through their counsel of record, that: 4 1. Defendant Yum! Brands, Inc. shall be dismissed without prejudice as to all

5 of Plaintiffs' claims that have been brought against Yum! Brands, Inc. in the cases 6 consolidated under In re Taco Bell Wage And Hour Actions, 1:07-cv-01314-OWW-DLB 7 ("Action"). 8 2. The Parties shall bear their own costs and attorneys' fees in connection with

9 such dismissal of Yum! Brands, Inc. 10 3. Neither Plaintiffs nor any of their counsel has received any form of

11 consideration for the dismissal of Yum! Brands, Inc. 12 4. Putative class members will not be prejudiced by the dismissal of Yum!

13 Brands, Inc. as no notice has been sent to them regarding the issues relating to Yum! 14 Brands and accordingly, putative class members will not have relied on the litigation of 15 this issue. 16 5. For all purposes of this litigation including, but not limited to Plaintiffs'

17 vacation claim, Taco Bell Corp. and Taco Bell of America, Inc. (collectively "Taco Bell") 18 agree that employees who transfer from a Taco Bell company-owned restaurant to a 19 restaurant that is a subsidiary of Yum! Brands, Inc. are no longer employed by Taco Bell at 20 the time of the transfer. 21 6. Plaintiffs and Taco Bell agree not to assert that Yum! Brands, Inc. is the

22 employer, including a joint employer, of any employee working in a company-owned Taco 23 Bell restaurant. 24 7. The Parties agree to and shall withdraw any discovery requests propounded

25 on Yum! Brands, Inc. or by Yum! Brands, Inc. 26 8. In the event that Plaintiffs attempt to or succeed in refiling this case against

27 Yum! Brands, Inc., the provisions of paragraphs 5-6 shall be void. 28
-1202728 ORDER & JOINT STIPULATION RE VACATION CLAIM, DISCOVERY RELATED TO YUM, AND DISMISSAL OF YUM

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1

SO STIPULATED. INITIATIVE LEGAL GROUP, APC

2 Dated: March 30, 2010 _ 3 4 5 6 7 8 Dated: March 30, 2010 _ 9 10 11 12 13 Dated: March 30, 2010 _ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

By:

/s/ David Cheng Mónica Balderrama David Cheng Katherine DenBleyker Interim Lead Counsel for Plaintiffs

LAW OFFICES OF KENNETH H. YOON

By:

/s/ Kenneth H. Yoon Kenneth H. Yoon Liaison 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

-2202728 ORDER & JOINT STIPULATION RE VACATION CLAIM, DISCOVERY RELATED TO YUM, AND DISMISSAL OF YUM

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1 2

ORDER The Court has read and considered the Joint Stipulation re Vacation Claim,

3 Discovery Related to Yum! Brands Inc., and Dismissal of Yum! Brands, Inc. The parties 4 have agreed pursuant to the terms in the stipulation that Defendant Yum! Brands, Inc. shall 5 be dismissed without prejudice. 6 7
IT IS THEREFORE ORDERED:

1.

Defendant Yum! Brands, Inc. is dismissed without prejudice from the above-

8 entitled action. 9 2. Each party shall bear its own fees and expenses in connection with the

10 dismissal. 11 12 13 14 15 16
DEAC_Signature-END:

IT IS SO ORDERED. Dated:

March 30, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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-3202728 ORDER & JOINT STIPULATION RE VACATION CLAIM, DISCOVERY RELATED TO YUM, AND DISMISSAL OF YUM

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