Medlock v. Taco Bell Corp., et al.

Filing 377

STIPULATION and ORDER to VACATE EVIDENTIARY HEARING set for 9/20/2013 at 10:30 a.m. before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 9/19/2013. (Hernandez, M)

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1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership 2 Including Professional Corporations 3 TRACEY A. KENNEDY, Cal. Bar No. 150782 tkennedy@sheppardmullin.com 4 NORA K. STILES, Cal. Bar No. 280692 nstiles@sheppardmullin.com 5 333 South Hope Street, 43rd Floor Los Angeles, California 90071-1422 6 Telephone: 213.620.1780; Facsimile: 213.620.1398 7 MORGAN P. FORSEY, Cal. Bar No. 241207 8 mforsey@sheppardmullin.com Four Embarcadero Center, 17th Floor 9 San Francisco, California 94111-4109 10 Telephone: 415.434.9100; Facsimile: 415.434.3947 11 Attorneys for Defendants Taco Bell Corp. and Taco Bell of America, Inc. 12 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 15 Case No. 1:07-cv-1314-SAB 16 STIPULATION AND ORDER TO VACATE EVIDENTIARY HEARING IN RE TACO BELL WAGE AND HOUR 17 ACTIONS 18 Judge: Date: Time: Crtrm.: 19 20 21 22 23 24 25 26 27 28 -1- Hon. Stanley A. Boone September 20, 2013 10:30 a.m. 9 1 TO THE COURT, PLAINTIFFS, AND THEIR ATTORNEYS OF RECORD: 2 IT IS HEREBY STIPULATED by and between Plaintiffs and Taco Bell 3 Corp. and Taco Bell of America, Inc. (“Defendants”), through their counsel of record, that: 4 1. As a result of discussions during the June 16, 2013 status conference, the 5 Court set an evidentiary hearing for August 16, 2013, to ascertain whether Defendants’ 6 database can be utilized to identify the members of the class in an efficient and cost 7 effective way. On August 12, 2013, the parties filed a stipulation to continue the 8 evidentiary hearing. (Doc. 372.) On August 14, 2013, the Court continued the evidentiary 9 hearing to September 20, 2013, at 10:30 a.m. (Doc. 373.) 10 2. Over the past month, the parties have continued their efforts to resolve the 11 ascertainability issue. On August 9, 2013, Defendants produced the raw time punch data 12 described by Defendants’ designated person most knowledgeable during the Rule 30 13 deposition on June 4, 2013. Plaintiff received the data on August 12, 2013. 14 3. On August 29, 2013, Defendants allowed Plaintiffs’ consultant/expert, Todd 15 Stefan, Vice President of Setec Investigations, to speak directly to Defendants’ designated 16 person most knowledgeable regarding Defendants’ time punch data (with counsel present 17 and subject to the mediation privilege). 18 4. The parties are optimistic that they will be able to resolve this threshold issue 19 without further assistance from the Court. Plaintiffs are currently processing the data and 20 expect to complete the project within several weeks’ time. 21 22 23 24 25 26 27 28 -2- 1 2 IT IS THEREFORE ACKNOWLEDGED AND AGREED THAT: 3 5. Upon this Court’s approval, the evidentiary hearing set for September 20, 4 2013, shall be vacated without prejudice. 5 6 Dated: September 18, 2013 7 CAPSTONE LAW, APC 8 9 By /s/ Miriam L. Schimmel Miriam L. Schimmel Matthew Theriault 10 11 Class Counsel for Plaintiffs 12 13 14 Dated: September 18, 2013 15 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 16 17 18 19 20 By /s/ Nora K. Stiles TRACEY A. KENNEDY MORGAN P. FORSEY NORA K. STILES Attorneys for Defendants Taco Bell Corp. and Taco Bell America, Inc. 21 22 23 24 25 26 27 28 -3- 1 ORDER 2 3 Good cause appearing therefore, PURSUANT TO STIPULATION, IT IS 4 ORDERED THAT: 5 The evidentiary hearing set for September 20, 2013, shall be vacated without 6 prejudice. 7 8 9 IT IS SO ORDERED. 10 11 Dated: September 19, 2013 _ _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-

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