Keonkongchack v. Advanced Call Center Technologies, LLC
Filing
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STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/2/14 GRANTING 17 Stipulation for a STAY pending final approval of the proposed class action settlement in Shelley Carl, et al v. Advanced Call Center Technologies, LLC, Superior Cou rt for the State of California, Sacramento County, Case No. 34-2013-00148310. The Parties are DIRECTED to file a joint statement notifying the Court of the status of the proposed class action settlement within 3 days of the Sacramento Superior Court's ruling on the motion for final approval. (Meuleman, A)
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MICHAEL E. BREWER, Bar No. 177912
MICHAEL G. LEGGIERI, Bar No. 253791
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Telephone:
925.932.2468
Fax: 925.946.9809
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Attorneys for Defendant
ADVANCED CALL CENTER TECHNOLOGIES, LLC
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MATTHEW RIGHETTI, Bar No. 121012
JOHN GLUGOSKI, Bar No. 191551
RIGHETTI GLUGOSKI, P.C.
456 Montgomery Street, Suite 1400
San Francisco, CA 94104
Telephone: 415.983.0900
Fax:
415.397.9005
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CHARLES A. JONES, Bar No. 224915
JONES LAW FIRM
9585 Prototype Court, Suite B
Reno, NV 89521
Telephone:
775.853.6640
Fax:
775.853.6445
Attorneys for Plaintiff
DEVRA KEOKONGCHACK
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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DEVRA KEOKONGCHACK, individually Case No. 13cv1385 TLN (AC)
and on behalf of all others similarly
STIPULATION AND ORDER TO STAY
situated,
ALL PROCEEDINGS PENDING FINAL
APPROVAL OF THE PROPOSED CLASS
Plaintiffs,
ACTION SETTLEMENT IN CARL, ET AL.
V. ADVANCED CALL CENTER
v.
TECHNOLOGIES, LLC
ADVANCED CALL CENTER
TECHNOLOGIES, LLC, and DOES 1-50,
inclusive,
Defendants.
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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468
STIPULATION AND ORDER
13CV1385
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Plaintiff Devra Keokongchack (“Plaintiff”) and Defendant Advanced Call Center
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Technologies, LLC (“ACT”) (collectively “the Parties”), by and through their counsel of record,
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hereby stipulate and respectfully request that this action be stayed pending final approval of a
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proposed class action settlement in the case entitled Shelley Carl, et al. v. Advanced Call Center
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Technologies, LLC, Superior Court for the State of California, Sacramento County, Case No. 34-
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2013-00148310. The facts underlying the stipulation and request for a stay are as follows:
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RECITALS
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1.
On May 8, 2013, Plaintiff filed this lawsuit as a putative class action against ACT.
This lawsuit asserts claims for alleged violations of the California Labor Code and California
Business & Professions Code.
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2.
On June 13, 2013, a putative class action lawsuit entitled Quianna Ray, et al. v.
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Advanced Call Center Technologies, LLC, U.S.D.C. Eastern District of California, Case No.
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13cv1472 ("Ray"), was filed against ACT. The Ray lawsuit also asserts claims for alleged violations
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of the California Labor Code and California Business & Professions Code.
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3.
On July 19, 2013, a putative class action lawsuit entitled Shelley Carl, et al. v.
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Advanced Call Center Technologies, LLC, Superior Court for the State of California, Sacramento
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County, Case No. 34-2013-00148310 ("Carl"), was filed against ACT. The Carl lawsuit also asserts
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claims for alleged violations of the California Labor Code and California Business & Professions
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Code.
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4.
On November 13, 2013, a private mediation was conducted with mediator Michael
Dickstein to discuss a potential global resolution of Ray, Carl, and this lawsuit.
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On April 17, 2014, following continued assistance from mediator Michael Dickstein,
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the named plaintiffs in all three putative class actions and ACT finalized a memorandum of
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understanding for a proposed class action settlement in Carl, subject to approval by the Sacramento
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Superior Court.
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6.
Although ACT has agreed to a proposed class action settlement, ACT does not admit
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that it engaged in any unlawful conduct. The Parties agree that the proposed class action settlement
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shall not be construed as an admission by ACT that it has violated any statute, law, or regulation.
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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468
STIPULATION AND ORDER
13CV1385
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7.
Counsel for the named plaintiffs in Carl has reserved a hearing date in July 2014 for a
motion for preliminary approval of the proposed class action settlement.
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8.
Plaintiff has reviewed the terms of the proposed class action settlement in Carl and
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agrees that they are fair, adequate, and reasonable. As a result, Plaintiff has opted to participate in
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the proposed class action settlement in Carl which, if approved by the Sacramento Superior Court,
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would resolve and release her claims against ACT that are alleged in this lawsuit.
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If, for whatever reason, the Sacramento Superior Court does not grant final approval
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of the proposed class action settlement in Carl, and therefore Plaintiff's claims are not resolved and
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released through the proposed class action settlement, the Parties wish to maintain the status quo in
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this action.
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10.
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The Ray action has been stayed pending final approval of the proposed class action
settlement in Carl. See E.D. Cal. Case No. 13cv1472, April 30, 2014 Order, Doc. No. 32.
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11.
As of the date of this stipulation, no class has been certified in this action and no
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notice has been sent to the putative class members.
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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468
2.
STIPULATION AND ORDER
13CV1385
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STIPULATION
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Accordingly, the Parties stipulate and respectfully request that this action be stayed pending
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final approval of the proposed class action settlement in Shelley Carl, et al. v. Advanced Call Center
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Technologies, LLC, Superior Court for the State of California, Sacramento County, Case No. 34-
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2013-00148310. The Parties will file a joint statement notifying the Court of the status of the
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proposed class action settlement within three days of the Sacramento Superior Court's ruling on the
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motion for final approval.
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IT IS SO STIPULATED.
Dated: June 2, 2014
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/s/ Michael G. Leggieri
MICHAEL E. BREWER
MICHAEL G. LEGGIERI
LITTLER MENDELSON, P.C.
Attorneys for Defendant
ADVANCED CALL CENTER
TECHNOLOGIES, LLC
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Dated: June 2, 2014
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/s/ Charles A. Jones [with permission]
CHARLES A. JONES
JONES LAW FIRM
Attorneys for Plaintiff
DEVRA KEOKONGCHACK
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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468
3.
STIPULATION AND ORDER
13CV1385
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ORDER
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Good cause appearing, the Parties' stipulation for a stay pending final approval of the
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proposed class action settlement in Shelley Carl, et al. v. Advanced Call Center Technologies, LLC,
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Superior Court for the State of California, Sacramento County, Case No. 34-2013-00148310, is
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GRANTED. The Parties are directed to file a joint statement notifying the Court of the status of the
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proposed class action settlement within three days of the Sacramento Superior Court's ruling on the
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motion for final approval.
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IT IS SO ORDERED.
Dated: June 2, 2014
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Troy L. Nunley
United States District Judge
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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468
4.
STIPULATION AND ORDER
13CV1385
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