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)
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-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?