Wonderly v. Youngblood et al

Filing 111

STIPULATION and ORDER 110 to Extend Deadline to File Motion for Approval of FLSA Settlement, signed by Magistrate Judge Jennifer L. Thurston on 12/13/2021. Motion to be filed by 12/21/2021. (Hall, S)

1
2
3
4
5
6
7
8
9
10
11
12
13

MAHONEY LAW GROUP, APC
KEVIN MAHONEY (SBN 235367)
KATHERINE J. ODENBREIT (SBN 184619)
249 East Ocean Boulevard, Suite 814
Long Beach, CA 90802
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
DARREN WONDERLY
JACKSON LEWIS P.C.
NATHAN W. AUSTIN (SBN 219672)
EVAN D. BEECHER (SBN 280364)
400 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant
SHERIFF DONNY YOUNGBLOOD

14

UNITED STATES DISTRICT COURT

15

EASTERN DISTRICT OF CALIFORNIA

16
17
18
19
20
21

DARREN WONDERLY, individually and
on behalf of those similarly situated,

CASE NO. 1:16-cv-01621-JLT
JOINT STIPULATION TO EXTEND
DEADLINE TO FILE MOTION FOR
APPROVAL OF FLSA SETTLEMENT;
[PROPOSED] ORDER
(Doc. 110)

Plaintiff,
v.
SHERIFF DONNY YOUNGBLOOD AND
DOES 1 through 50,
Defendants.

22
23
24
25
26
27
28

The parties to the above-captioned action, by and through their attorneys of record, hereby
enter into the below stipulation with regard to the following facts and circumstances:
WHEREAS, Plaintiff DARREN WONDERLY (“Plaintiff”) filed a complaint against
Defendant SHERIFF DONNY YOUNGBLOOD (“Defendant”) on or about October 26, 2016.
WHEREAS, Plaintiff and Defendant SHERIFF DONNY YOUNGBLOOD (“Defendant”)
are finalizing a Settlement Agreement to be presented to the Court for approval.
Joint Stipulation to Extend Deadline to File Motion
for Approval of FLSA Settlement; [Proposed] Order

1

Darren Wonderly v. Sheriff Donny Youngblood, et al.
Case No. 1:16-cv-01621-JLT

1

WHEREAS, the Parties have further agreed to consolidate this matter with the

2

related action (ECF Dkt. No. 25), Mark Ashley v. Donny Youngblood, et al., USDC Case

3

No. 16-cv-01638-JLT for settlement purposes only and in order to present a single motion for

4

approval of settlement to the Court for approval. The consolidated case will be this matter,

5

USDC Case No. 1:16-cv-01621-JLT.

6
7
8
9
10
11

WHEREAS, on November 5, 2021, pursuant to a Stipulation by and between the Parties,
the Court ordered the Motion for Settlement Approval to be filed by December 10, 2021.
WHEREAS, the Parties require additional time to finalize the Motion for Approval of
Settlement in order to update the distribution calculations and finalize review by all Parties.
THEREFORE, the Parties agree and request the Court extend the deadline to file the
Motion for Approval of the Settlement to December 21, 2021.

12

IT IS STIPULATED THAT

13

1.

14

The deadline to file the Motion for Approval of the Settlement be extended to

December 21, 2021.

15

2.

16

parties may have.

Nothing in this Stipulation and Order is intended to limit or waive any rights the

17
18
19
20

IT IS SO STIPULATED.
Dated: December 9, 2021

By: /s/ Katherine J. Odenbreit [authorized on 12.09.21]
KATHERINE J. ODENBREIT
Attorneys for Plaintiff
DARREN WONDERLY

21
22
23
24
25
26
27

MAHONEY LAW GROUP, APC

Dated: December 9, 2021

JACKSON LEWIS P.C.
By: /s/ Nathan W. Austin
NATHAN W. AUSTIN
EVAN D. BEECHER
Attorneys for Defendant
SHERIFF DONNY YOUNGBLOOD

28
Joint Stipulation to Extend Deadline to File Motion
for Approval of FLSA Settlement; [Proposed] Order

2

Darren Wonderly v. Sheriff Donny Youngblood, et al.
Case No. 1:16-cv-01621-JLT

1

[PROPOSED] ORDER 1

2
3

The Court, having considered the foregoing stipulation of the parties, and good cause
otherwise appearing therefor, makes the following order:

4

IT IS ORDERED THAT:

5

1.

This matter is consolidated for purposes of settlement only with the related matter

6

Mark Ashley v. Donny Youngblood, et al., USDC Case No. 1:16-cv-01638-JLT. The consolidated

7

case will be this matter, USDC Case No. 1:16-cv-01621-JLT.

8
9

2.

The Parties are to submit their motion for approval of the settlement and

Joint Stipulation of Settlement no later than December 21, 2021.

10
11

IT IS SO ORDERED.
Dated:

12

December 13, 2021

13

_ /s/ Jennifer L. Thurston

CHIEF UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Though the parties agree this case should be consolidated with the Ashely matter (Case No.: 1:16-cv01638 JLT) for purposes of settlement, they provide no explanation of the legal basis to consolidate the
cases. Indeed, the factual bases for the claims raised in the cases are different, the claims are different, and
the putative members of the collective actions are different.
Notably, the proposed order does not include any language about the request to consolidate the
matters. Presumably, if the parties have a legal basis for consolidation, they will present this in a future
filing.

1

Joint Stipulation to Extend Deadline to File Motion
for Approval of FLSA Settlement; [Proposed] Order

3

Darren Wonderly v. Sheriff Donny Youngblood, et al.
Case No. 1:16-cv-01621-JLT