Medlock v. Taco Bell Corp., et al.

Filing 624

ORDER DISMISSING CLAIMS PURSUANT TO STIPULATION OF PARTIES. Signed by Magistrate Judge Stanley A. Boone on 2/12/2016. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SANDRIKA MEDLOCK, LISA
HARDIMAN, MIRIAM LEYVA, LORAINE
NARANJO, ENDANG WIDJAJA, KEVIN
TAYLOR, DEBRA DOYLE,
CHRISTOPHER DUGGAN, HILARIO
ESCOBAR, and all others similarly situated,

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ORDER DISMISSING CLAIMS
PURSUANT TO STIPULATION OF
PARTIES

Plaintiffs,

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Case No. 1:07-cv-01314-SAB

(ECF No. 621)

v.
TACO BELL CORP., and TACO BELL OF
AMERICA, INC.,

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Defendants.

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Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that:

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1.

Plaintiffs Endang Widjaja, Christopher Duggan, Debra Doyle, Hilario Escobar,

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and Class Representatives Miriam Leyva, Sandrika Medlock, and Lisa

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Hardiman’s (“Plaintiffs”) individual claims that are (1) not subject to dismissal

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pursuant to the terms of a separate individual settlement agreement; (2) not

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certified in this matter or being litigated on a representative basis; or (3) not listed

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in the Second Supplemental Pretrial Order as those claims being tried are

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DISMISSED WITH PREJUDICE;

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2.

The following individual claims asserted in Plaintiffs’ Third Amended

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Consolidated Complaint (“TACC”) (ECF No. 522) are DISMISSED WITH

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PREJUDICE:

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a.

Overtime under California Labor Code sections 510 and 1198;

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b.

c.

Plaintiffs’ individual claims asserted in the Third Claim for Relief for Unpaid
Wages under Labor Code section 204;

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Plaintiffs’ individual claims asserted in the Second Claim for Relief for Unpaid
Minimum Wages under California Labor Code section 1194;

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Plaintiffs’ individual claims asserted in the First Claim for Relief for Unpaid

d.

Plaintiffs’ individual claims asserted in the Fourth Claim for Relief for Failure to

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Provide Meal Periods under Labor Code sections 226.7 and 512 (excluding the

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certified claim for failure to provide meal periods before the end of the fifth hour

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of work on shifts over six hours long);

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e.

Plaintiffs’ individual claims asserted in the Fifth Claim for Relief for Failure to

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Provide Rest Breaks under Labor Code section 226.7 (excluding the certified

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claim for failure to authorize and permit a second rest break on shifts over six

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hours but less than seven hours long);

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f.

Wage Statements under California Labor Code section 226(a);

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Plaintiffs’ individual claims asserted in the Sixth Claim for Relief for Improper

g.

Plaintiffs’ individual claims asserted in the Seventh Claim for Relief for

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Unreimbursed Business Expenses under California Labor Code sections 2800 and

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2802;

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h.

Plaintiffs’ individual claims asserted in the Eighth Claim for Relief for Failure to

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Pay Vested Accrued Vacation Time under California Labor Code section 227.3;

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and

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i.

Plaintiffs’ individual claims asserted in the Ninth Claim for Relief for Non-

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Payment of Wages at termination under Labor Code sections 201 and 202 (while

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Defendants dispute whether Plaintiffs may seek penalties under Labor Code

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section 203 as a remedy for the certified meal and rest period claims, this
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dismissal does not include Plaintiffs’ allegation that Labor Code section 203 will

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be sought as a class-wide remedy);
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The Court’s dismissal of the above claims in the Third Amended Consolidated

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Complaint is subject to the Plaintiffs’ reservation of rights to appeal the Court’s

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prior orders including, but not limited to, its orders regarding class certification of

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any claims and the Court’s application of Federal Rule of Civil Procedure 23 to

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Plaintiffs’ claims under the California Private Attorneys General Act of 2004,

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California Labor Code section 2699 et seq.; and
4.

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Neither Party is entitled to recover attorneys’ fees and/or costs related to this
dismissal.

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IT IS SO ORDERED.

13 Dated:

February 12, 2016
UNITED STATES MAGISTRATE JUDGE

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