Medlock v. Taco Bell Corp., et al.

Filing 269

ORDER regarding Plaintffs' Motion for Class Certification and Taco Bell's Motion to Exclude the Declaration and Report of James Lackritz, signed by Judge Oliver W. Wanger on 9/29/2011. (Kusamura, W)

1 IRELL & MANELLA LLP
Layn R. Phillips (103854) ([e-mail])
2 Andra Barmash Greene (123931) ([e-mail])
Julie M. Davis (232488) ([e-mail])
3 Eric Hayden (254107) ([e-mail])
840 Newport Center Drive, Suite 400
4 Newport Beach, California 92660-6324
Telephone: [phone]
5 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]
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Attorneys for Defendants
10 Taco Bell Corp. and
Taco Bell of America, Inc.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

15 IN RE TACO BELL WAGE AND HOUR
ACTIONS
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Master File:
1:07-cv-01314-OWW-DLB
ORDER REGARDING PLAINTIFFS'
MOTION FOR CLASS CERTIFICATION
AND TACO BELL'S MOTION TO
EXCLUDE THE DECLARATION AND
REPORT OF JAMES LACKRITZ
Date: June 6, 2011
Time: 10:00 a.m.
Place: Courtroom 3

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2500173

ORDER REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND TACO BELL'S
MOTION TO EXCLUDE THE DECLARATION AND REPORT OF JAMES LACKRITZ

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ORDER

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The Court, having read and considered the parties' papers regarding Plaintiffs' Motion for
Class Certification, and the parties' papers regarding Defendants Taco Bell Corp. and Taco Bell of
America, Inc.'s ("Taco Bell") Motion to Exclude the Declaration and Report of James Lackritz,
and after hearing the matters on June 6 and June 7, 2011, and rendering a written decision on
September 26, 2011, HEREBY ORDERS AS FOLLOWS:

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1.

final pay and vacation pay subclasses.

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2.

Taco Bell's Motion to Exclude the Declaration and Report of James Lackritz is

GRANTED as to his opinions on Plaintiffs' final pay and vacation pay claims.

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Plaintiffs' Motion for Class Certification is DENIED without prejudice as to the

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The Court will consider nomination of additional Plaintiffs' lawyers to serve as

co-lead class counsel, when and if a class or subclass is ever certified.

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IT IS SO ORDERED.

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/s/ Oliver W. Wanger
Hon. Oliver W. Wanger
Judge, United States District Court

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2500173

ORDER REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND TACO BELL'S
MOTION TO EXCLUDE THE DECLARATION AND REPORT OF JAMES LACKRITZ