Wilkening et al v. Gags & Games, Inc.

Filing 31

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 10/26/2012 ORDERING that Defendant's 28 Motion to Conduct Depositions and Subpoena Documents is GRANTED. (Zignago, K.)

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DAVID F. FAUSTMAN (State Bar No. 81862)
TYREEN TORNER (State Bar No. 249980)
FOX ROTHSCHILD LLP
235 Pine Street, Suite 1500
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
Attorneys for Defendant
GAGS AND GAMES, INC.,
doing business as Halloween City

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FOX ROTHSCHILD LLP
235 Pine Street, Suite 1500
San Francisco, CA 94104
Telephone: [phone] Fax: [phone]

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SACRAMENTO DIVISION

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JOAN WILKENING, TARA MISSEL,
CHRISTOPHER HUGHES, and SABRINA
GRAHAM, individually, and on behalf of all
others similarly situated,

v.

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GAGS AND GAMES, INC. doing business
as HALLOWEEN CITY, a Michigan
corporation,
Defendant.

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STIPULATED ORDER GRANTING
DEFENDANT’S MOTION FOR LEAVE
TO CONDUCT THE DEPOSITIONS OF
AND SUBPOENA DOCUMENTS FROM
PUTATIVE CLASS MEMBER
DECLARANTS

Plaintiffs,

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Case No. 2:11-CV-01802-JAM-DAD

A motion by Defendant Gags and Games, Inc. for an order permitting Defendant to
conduct the depositions of five putative class members who have submitted declarations in

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support of Plaintiffs’ Motion for Class Certification, and to subpoena records from those same
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five individuals, came on for hearing before the court on October 26, 2012. Michael Ahmad

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Esq. appeared telephonically on behalf of plaintiffs. Kent Bradbury Esq. appeared

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telephonically on behalf of defendant.

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/////

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Stipulated [Proposed] Order Granting Defendant’s Motion for an Order
Permitting Discovery on Putative Class Member Declarants

CASE NO.: 2:11-cv-01802-JAM-DAD

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Having considered the arguments of the parties’ respective counsel, all of the pleadings

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and papers filed herein, and pursuant to the parties’ stipulation, the Court issues the following

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order:

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IT IS HEREBY ORDERED that Defendant’s motion (Doc. No. 28) is granted.
Defendant may depose five absent putative class members who have submitted declarations in

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support of Plaintiffs’ Motion for Class Certification and are former employees of Defendant.
Each deposition shall not exceed three hours in duration and shall take place within 100 miles

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of the witnesses’ homes. Each deposition shall be limited in scope to the matters discussed in

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FOX ROTHSCHILD LLP
235 Pine Street, Suite 1500
San Francisco, CA 94104
Telephone: [phone] Fax: [phone]

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the Motion for Class Certification and the witnesses’ declarations. The parties shall meet and

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confer regarding which five absent putative class members shall be deposed, and if the parties

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are unable to reach agreement, the Court shall resolve any issues that remain.

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IT IS HEREBY FURTHER ORDERED that Defendant may subpoena the following
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records from the same five absent putative class members. The parties shall meet and confer

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regarding any issues that arise between the parties and/or absent putative class member

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regarding the subpoena. If the parties and/or putative class member are unable to reach

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agreement, the Court shall resolve any issues that remain.

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All documents evidencing any fees or charges you incurred through the
use of a pay card issued to you by Gags and Games, Inc., doing business
as Halloween City (“Halloween City”), with any confidential financial
or personal information redacted.

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All wage statements, whether paper or electronic, for the work you
performed for Halloween City.

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All documents evidencing your ability or inability to view your wage
statements on Halloween City’s computer(s).

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All documents evidencing your ability or inability to print your wage
statements on Halloween City’s printer(s).

5.

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All documents evidencing your ability or inability to access your pay
card account online.

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Stipulated [Proposed] Order Granting Defendant’s Motion for an Order
Permitting Discovery on Putative Class Member Declarants

CASE NO.: 2:11-cv-01802-JAM-DAD

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All documents and communications you received from a Halloween City
employee, manager or supervisor relating to on-call work.

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All documents relating to how and when you became aware of the date
of your last day of work for Halloween City in 2010.

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All documents relating to how and when you became aware of the date
of your last day of work for Halloween City in 2011.

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All documents evidencing that you were not paid for all hours you
worked for Halloween City.

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All documents evidencing that any employee was not paid for all hours
he or she worked for Halloween City.

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If you ever resigned from your employment with Halloween City, all
documents evidencing when you notified Halloween City of your
resignation.

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FOX ROTHSCHILD LLP
235 Pine Street, Suite 1500
San Francisco, CA 94104
Telephone: [phone] Fax: [phone]

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IT IS SO ORDERED.
Dated: October 26, 2012

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STIPULATED AND AGREED TO BY:
DATED: October 19, 2012

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LAW OFFICE OF MARY-ALICE COLEMAN
LAW OFFICES OF SOHNEN AND KELLY

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By:

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/s/ Michael Ahmad (authorized on Oct. 19, 2012)
MICHAEL S. AHMAD
Attorneys for Plaintiffs JOAN WILKENING,
TARA MISSEL, CHRISTOPHER HUGHES,
SABRINA GRAHAM, individually, and on behalf
of all others similarly situated

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DATED: October 19, 2012

FOX ROTHSCHILD LLP

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By:

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/s/ Tyreen Torner
TYREEN TORNER
Attorneys for Defendant
GAGS AND GAMES, INC.

Ddad1\orders.civil\wilkening1802.stipdepos.doc

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Stipulated [Proposed] Order Granting Defendant’s Motion for an Order
Permitting Discovery on Putative Class Member Declarants

CASE NO.: 2:11-cv-01802-JAM-DAD