Riddick et al v. AT&T Inc.

Filing 181

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/22/2017 ORDERING that YP will not offer any evidence at trial regarding the amount of dollars Plaintiffs received in connection with any application for unemployment and/or dis ability benefits. The jury will be instructed that Plaintiff Natalie Maderos is not eligible to recover any backpay for the year period, from 6/1/2014 to 6/1/2015. If any of the other Plaintiffs were unable to work due to disability, the jury will be instructed that such Plaintiffs are not eligible to recover backpay for the period of that disability. (Hunt, G)

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DAVID B. SIMPSON (STATE BAR NO. 106326)
[e-mail]
ADAM N. BOUAYAD (STATE BAR NO. 248087)
[e-mail]
WOLFLICK AND SIMPSON
130 North Brand Boulevard, Suite 410
Glendale, California 91203
Telephone: [phone]
Facsimile: 818-243-0122
Attorneys for Defendant
YP ADVERTISING & PUBLISHING LLC, sued
and formerly known as YP WESTERN
DIRECTORY LLC

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EDWIN PAIRAVI (STATE BAR NO. 257290)
[e-mail]
PAIRAVI LAW, P.C.
1875 Century Park East, Suite 1025
Los Angeles, California 90067
Telephone: [phone]
Facsimile: 310-789-2064
Attorneys for Plaintiffs
June Riddick, Patricia Hardy,
Natalie Maderos, and Valerie Lynn

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUNE RIDDICK; PATRICIA HARDY;
NATALIE MADEROS; VALERIE
LYNN; and LISA VALES,

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Plaintiffs,

Case No. 2:12-CV-02033-KJM-AC
STIPULATION AND ORDER RE
PLAINTIFFS’ MIL #4;
PROPOSED ORDER THEREON

v.
AT&T; YP WESTERN DIRECTORY
LLC,
Defendant.

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Plaintiffs June Riddick, Patricia Hardy, Natalie Maderos and Valerie Lynn

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(“Plaintiffs”), and Defendant YP Western Directory LLC (“YP”) (collectively

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referred to as the “Parties”), by and through their undersigned counsel of record,

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STIPULATION AND ORDER RE:
PLAINTIFFS’ MIL# 4
2:12-CV-02033-KJM-AC

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here by stipulate, and by this Stipulation request the Court's approval, to the
following:

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1.

The Parties having further met and conferred in connection with

Plaintiffs’ Motion In Limine #4 for an order excluding “evidence, reference or
innuendo regarding any collateral source payments of unemployment and disability
benefits” agree as follows:

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a. YP agrees not to offer any evidence at trial regarding the

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amount of dollars Plaintiffs received in connection with

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any application for unemployment and/or disability

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benefits.

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b. The jury will be instructed that Plaintiff Natalie Maderos is

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not eligible to recover any backpay for the year period,

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from July 1, 2014 to June 1, 2015, because that represents

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time when she was disabled from working anywhere.1

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c. The Parties agree that if any of the other Plaintiffs were

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unable to work due to disability, the jury will be instructed

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that such Plaintiffs are not eligible to recover backpay for

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the period of that disability.

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2.

The Parties make this stipulated request for the purposes of expediency

and judicial economy.

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IT IS SO STIPULATED:

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“[T]he ‘general rule’ is that ‘an employer is not liable for backpay during the
periods that an improperly employee is unavailable for work due to disability.”
(Blackburn v. Sturgeon Services International, Inc., et al., 2014 WL 1275919
(E.D. Ca. 2014), (Citing EEOC v. Timeless Invs., Inc., 734 F.Supp.2d 1035,
1059 (E.D. Ca. 2010) and Canova v. NLRB, 708 F.2s 1498, 1505 (9th Cir.
1983).)
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STIPULATION AND ORDER RE:
PLAINTIFFS’ MIL# 4
2:12-CV-02033-KJM-AC

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Dated:

November 13, 2017

WOLFLICK & SIMPSON

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By:

/s/ David B. Simpson
DAVID B. SIMPSON
Attorneys for Defendant
YP ADVERTISING & PUBLISHING
LLC, sued and formerly known as YP
WESTERN DIRECTORY LLC

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Dated:

November 13, 2017

PAIRAVI LAW, P.C.

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By: /s/ Edwin Pairavi
EDWIN PAIRAVI
Attorneys for Plaintiffs
June Riddick, Patricia Hardy, Natalie
Maderos, and Valerie Lynn

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STIPULATION AND ORDER RE:
PLAINTIFFS’ MIL# 4
2:12-CV-02033-KJM-AC

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ORDER

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IT IS HEREBY ORDERED

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Pursuant to the stipulation between the Plaintiffs JUNE RIDDICK,

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PATRICIA HARDY, NATALIE MADEROS and VALARIE LYNN (“Plaintiffs”),

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and Defendant YP WESTERN DIRECTORY LLC:

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1.

YP will not offer any evidence at trial regarding the amount of dollars

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Plaintiffs received in connection with any application for unemployment and/or

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disability benefits.

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2.

The jury will be instructed that Plaintiff Natalie Maderos is not eligible

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to recover any backpay for the year period, from July 1, 2014 to June 1, 2015,

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because that represents time when she was disabled from working anywhere.

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3.

If any of the other Plaintiffs were unable to work due to disability, the

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jury will be instructed that such Plaintiffs are not eligible to recover backpay for the

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period of that disability.

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IT IS SO ORDERED.
DATED: November 22, 2017.

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER RE:
PLAINTIFFS’ MIL# 4
2:12-CV-02033-KJM-AC