Ceja-Corona v. CVS Pharmacy, Inc.

Filing 63

JOINT STIPULATION AND ORDER TO CONTINUE PRELIMINARY APPROVAL FILING DEADLINE. The deadline to file motion for preliminary approval of a class action settlement is 12/12/2014; the hearing on any motion for preliminary approval shall be set by the parties in accordance with the Local Rules. Signed by Magistrate Judge Stanley A. Boone on 11/14/2014. (Hernandez, M)

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DAVID YEREMIAN & ASSOCIATES, INC.
DAVID H. YEREMIAN (SBN 226337)
[e-mail]
HUGO E. GAMEZ (SBN 276765)
[e-mail]
535 N. Brand Boulevard, Suite 705
Glendale, California 91203
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs LETICIA CEJA-CORONA,
and MARGARITA RUBIO ARMENTA
on behalf of themselves and others similarly situated,

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORIA

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FRESNO DIVISION

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LETICIA CEJA-CORONA; MARGARITA
RUBIO ARMENTA on behalf of themselves
and others similarly situated,

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Courtroom: 2
Judge: Hon. Anthony Ishii

Plaintiffs,

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Case No. 1:12-CV-01868-AWI-DLB

v.
CVS PHARMACY, INC., a corporation; and
DOES 1 through 50, inclusive ,
Defendants.

JOINT STIPULATION TO CONTINUE
PRELIMINARY APPROVAL FILING
DEADLINE; ORDER
Complaint Filed: October 9, 2012

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JOINT STIPULATION TO CONTINUE PRELIMINARY APPROVAL FILING DEADLINE;
Case No. 1:12-CV-01868-AWI-DLB
PROPOSED ORDER

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COME NOW Plaintiffs Leticia Ceja-Corona (“Ceja-Corona”), and Margarita Rubio Armenta

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(“Armenta”) (hereinafter collectively referred to as “Plaintiffs”), and Defendant CVS Pharmacy, Inc.

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(collectively hereinafter the “Parties”), through their respective counsel of record, and respectfully

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submit this Joint Stipulation and Proposed Order.

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The Parties hereby stipulate and agree:
1. WHEREAS on April 8, 2013, the Court issued a scheduling order in this action (ECF No.

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14) setting the deadline for filing a motion for class certification on February 28, 2014. The

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Court extended this deadline to August 25, 2014 by order issued on January 9, 2014. (ECF

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No. 38.)

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2. WHEREAS Plaintiffs filed a motion for preliminary approval of a class action settlement on
July 30, 2014 (ECF No. 48);

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3. WHEREAS the hearing on Plaintiff’s motion took place on September 10, 2014;

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4. WHEREAS the Court ordered on September 11, 2014, that Plaintiffs file an amended motion

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and supporting documents addressing the issues outlined in the order on or before October

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15, 2014 (which was later extended to October 22, 2014 by stipulation);

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5. WHEREAS Plaintiffs complied with the Court’s order and filed the amended documents

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(ECF No. 55) and on a continued hearing on the motion for preliminary approval took place

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on Wednesday, October 29, 2014 at 10:00 a.m. in Courtroom 9 before United States

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Magistrate Judge Stanley A. Boone;

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6. WHEREAS based on the findings and recommendations issued by Magistrate Judge Boone

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that the motion be denied (ECF No. 59) Plaintiffs withdrew their motion and for preliminary

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approval in order to meet and confer with Defendants and revise the settlement terms

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according to the findings and recommendations issued by Magistrate Judge Boone (ECF No.

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60);

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7. WHEREAS the parties are in the process of revising the settlement terms to address the

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issues raised by the Court’s Order (ECF No. 59) and expect to have a new stipulation of

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JOINT STIPULATION TO CONTINUE PRELIMINARY APPROVAL FILING DEADLINE;
Case No. 1:12-CV-01868-AWI-DLB
PROPOSED ORDER

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settlement executed by late November and thereafter wish to file a new motion for

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preliminary approval of class action settlement;

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8. Therefore the parties hereby stipulate to continue Plaintiffs’ deadline to file its motion for
preliminary approval through December 12, 2014.

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9. There is good cause to grant this stipulation: the parties have invested tremendous resources

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in litigating and settling the class action claims in this matter which, if approved, will result

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in real value for class members. The parties are meeting and conferring in order to further

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revise the terms of settlement to comply with Magistrate Judge Boone’s Findings and

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Recommendations and expect to do so as follows:

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a. the parties expect to agree to exclude the release of reporting time pay claims without
altering the monetary terms of the settlement; and,
b. the parties expect to agree to put the Labor & Workforce Development Agency on

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notice of the monetary allocation for the PAGA claim.

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10. No party will be prejudiced by the granting of this stipulation.

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SO STIPULATED.

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Dated: November 14, 2014

DAVID YEREMIAN & ASSOCIATES, INC.

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By

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/s/-David Yeremian
David H. Yeremian
Attorneys for Plaintiff LETICIA CEJACORONA, and the Putative Class

Dated: November 14, 2014

LITTLER MENDELSON, P.C.

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By

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/s/-Jody Landry
Jody Landry
Attorneys for Defendant CVS Pharmacy, Inc.

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JOINT STIPULATION TO CONTINUE PRELIMINARY APPROVAL FILING DEADLINE;
Case No. 1:12-CV-01868-AWI-DLB
PROPOSED ORDER

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ORDER
The Parties having stipulated to the foregoing, and GOOD CAUSE appearing therefore, IT
IS HEREBY ORDERED:
1. The dates indicated below shall be the new deadlines in this matter:
a. Deadline to file motion for preliminary approval of a class action settlement,

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December 12, 2014;

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b. The hearing on any motion for preliminary approval shall be set by the parties in

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accordance with the Local Rules.

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IT IS SO ORDERED.
Dated:

November 14, 2014
UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION TO CONTINUE PRELIMINARY APPROVAL FILING DEADLINE;
Case No. 1:12-CV-01868-AWI-DLB
PROPOSED ORDER