Butterworth v. American Eagle Outfitters #00068

Filing 43

Stipulation to Stay Case, Vacate All Hearings and Deadlines, and Dismiss Plaintiff Margo Chui, Without Prejudice; and ORDER Thereon, signed by District Judge Lawrence J. O'Neill on 5/25/2012. CASE STAYED. (Marrujo, C)

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Raul Perez (SBN 174687)
[e-mail]
Melissa Grant (SBN 205633)
[e-mail]
Suzy E. Lee (SBN 271120)
[e-mail]
Initiative Legal Group APC
1800 Century Park East, 2nd Floor
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs Brian Butterworth and Margo Chui

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Michael Leggieri (SBN 253791)
[e-mail]
Littler Mendelson, P.C.
500 Capital Mall, Suite 2000
Sacramento, CA 95814
Telephone: [phone]
Facsimile: 916.561.0828

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Lee J. Hutton (Admitted Pro Hac Vice)
[e-mail]
Timothy S. Anderson (Admitted Pro Hac Vice)
[e-mail]
1100 Superior Avenue, 20th Floor
Cleveland, OH 44114
Telephone: [phone]
Facsimile: 216.696.2038
Attorneys for Defendant AE Retail West

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA—FRESNO DIVISION

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BRIAN BUTTERWORTH and
MARGO CHUI, individually, and on
behalf of other members of the
general public similarly situated,

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Plaintiff,
vs.

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AE RETAIL WEST, a Corporation;
and DOES 1 through 10, inclusive,

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Case No.: 1:11−CV−01203−LJO−DLB
Hon. Dennis L. Beck,
U.S. Magistrate Judge
STIPULATION TO STAY CASE,
VACATE ALL HEARINGS AND
DEADLINES, AND DISMISS
PLAINTIFF MARGO CHUI,
WITHOUT PREJUDICE; AND
[PROPOSED] ORDER THEREON

Defendants.

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Complaint Filed: May 12, 2011
STIPULATION TO STAY CASE, ETC.; AND [PROPOSED] ORDER THEREON

Plaintiffs Brian Butterworth and Margo Chui and Defendant AE Retail

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West (collectively, “Parties”), by and through their respective counsel, HEREBY

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STIPULATE, subject to approval of the Court, as follows:

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WHEREAS, on or about May 12, 2011, in Stanislaus County Superior

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Court, Plaintiffs filed a class action alleging various California wage and hour

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violations (“Butterworth Action”);

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WHEREAS, on or about July 2011, Plaintiffs’ action was removed to this
Court;

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WHEREAS, on December 8, 2011, the Honorable Magistrate Judge

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Dennis L. Beck adopted the following dates and deadlines for Plaintiffs’ Motion

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for Class Certification:

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Filing:

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Opposition: August 14, 2012

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Reply:

September 28, 2012

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Hearing:

October 30, 2012

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WHEREAS, a related case against the same Defendant was filed by

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another former employee, Jared Bercea, in the Sacramento County Superior Court,

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Case No. 34-2012-00123947 (“Bercea Action”);

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June 29, 2012

WHEREAS, the Parties have reached a global settlement in principle of
the Bercea Action that would release the claims asserted in this action;

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WHEREAS, in the interest of judicial economy, and as part of the

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settlement process, the Parties have agreed to permit the Plaintiff in the Bercea

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Action to amend the complaint in the Bercea Action to add Margo Chui as a

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plaintiff in the Bercea Action, and the Parties have agreed to dismiss Margo Chi,

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without prejudice, as a plaintiff in this action;

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WHEREAS, the Parties have also agreed to seek approval of the global

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settlement in the Bercea Action, which is pending in Sacramento County Superior

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Court;
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STIPULATION TO STAY CASE, ETC.; AND [PROPOSED] ORDER THEREON

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WHEREAS, in the event that final approval of the global settlement is

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granted by the Sacramento County Superior Court, this action will be dismissed

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with prejudice and the Bercea Action will be dismissed with prejudice;

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WHEREAS, the Parties believe that the above-entitled action should be

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stayed, and all dates, deadlines, hearings and other events should be vacated,

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pending the outcome of the approval process in the Bercea action, and the parties

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should stipulate to dismiss Margo Chui, without prejudice, from this action;

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THEREFORE, the Parties hereby stipulate as follows:

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1.

outcome of the approval process in the Bercea Action;

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The Court should stay the above-entitled action pending the

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The Court should vacate all dates, deadlines and hearings and other

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events currently on calendar, including the dates and deadlines

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which govern Plaintiff’s Motion for Class Certification; and

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3.

Plaintiff Margo Chui should be dismissed, without prejudice.

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IT IS SO STIPULATED.

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STIPULATION TO STAY CASE, ETC.; AND [PROPOSED] ORDER THEREON

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Dated: May 25, 2012

Respectfully submitted,
INITIATIVE LEGAL GROUP APC

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By:

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/s/ Raul Perez
Raul Perez
Melissa Grant
Suzy E. Lee
Attorneys for Plaintiffs Brian
Butterworth and Margo Chui

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Dated: May 25, 2012

Respectfully submitted,

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LITTLER MENDELSON LLP

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By:

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/s/ Lee J. Hutton
Lee J. Hutton
Timothy S. Anderson

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Attorneys for Defendant AE Retail West

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STIPULATION TO STAY CASE, ETC.; AND [PROPOSED] ORDER THEREON

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ORDER
The Court has received, reviewed and considered the Stipulation to Stay

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Case and Vacate All Hearings and Deadlines. Good cause appearing, it is hereby

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ORDERED that:

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1.

The Court stays the above-entitled action pending the outcome of

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the approval process in the Bercea Action, which is pending in the

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Sacramento County Superior Court.

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2.

currently on calendar, including the dates and deadlines which

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govern Plaintiff’s Motion for Class Certification.

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The Court vacates all dates, deadlines and hearings and other events

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The Court dismisses Margo Chui, without prejudice.This Court

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FURTHER ORDERS the parties, no later than July 2, 2012, and

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every 90 days thereafter, to file joint status reports to address

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completion of settlement of the Bercea action and the need to

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continue stay of this action.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

May 25, 2012

UNITED STATES DISTRICT JUDGE
D E A C_ Sig n a tu r e - E N D :

66h44d

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Page 1
ORDER