Mills v. Encore Restaurants, LLC et al

Filing 24

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 4/29/2019 GRANTING 23 Stipulation and CONTINUING the deadline to 5/2/2019, for Defendants to file any opposition to 16 Motion to Certify Class. (York, M)

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LITTLER MENDELSON, P.C.
RYAN L. EDDINGS, Bar No. 256519
ANDREW H. WOO, Bar No. 261120
JAMES P. VAN, Bar No. 303853
5200 North Palm Avenue, Suite 302
Fresno, California 93704.2225
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
ENCORE RESTAURANTS, LLC; FIVE GUYS
ENTERPRISES, LLC; ENCORE ENTERPRISES,
INC.; ENCORE FGBF, LLC

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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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LEVETRA MILLS, an individual,

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Plaintiff,

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v.

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ENCORE RESTAURANTS, LLC; FIVE
GUYS ENTERPRISES, LLC; ENCORE
ENTERPRISES, INC.;; ENCORE FGBF,
LLC; ENCORE FGBF COLORADO,
LLC; ENCORE FGBF OKLAHOMA,
LLC; and DOES 1-100, inclusive,

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Defendants.

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Case No. 2:18-cv-01623-MCE-KJN
STIPULATION TO CONTINUE
DEADLINE FOR FILING OPPOSITION
TO MOTION TO CERTIFY CLASS
Date:
Time:
Judge:

Vacated by Court
N/A
U.S. Magistrate Judge Kendall J.
Newman, Courtroom 25, 8th Floor
U.S. District Judge Morrison C.
England, Courtroom 7, 14th Floor

Trial Date: TBD

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IT IS HEREBY STIPULATED by and between the Parties hereto as follows:

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1.

The Parties have engaged in settlement negotiations in the past several months,

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reached a settlement in this matter, and plan to file a notice of settlement. However, the Parties need

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additional time to execute the now agreed-upon settlement agreement.

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2.

Plaintiff filed her Memorandum of Points and Authorities in Support of Motion

for Conditional Certification of Class on March 29, 2019.

LITTLER MENDELSON, P.C.
5200 North Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

(No. 2:18-cv-01623-MCE-KJN)

STIP TO CONTINUE DEADLINE FOR FILING
OPP TO MOTION TO CERTIFY CLASS

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3.

The Hearing on Plaintiff’s Motion for Conditional Certification of Class was

originally scheduled to be held on May 2, 2019;
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Based on the original hearing date, Defendants were to file the Opposition to

the Motion for Conditional Certification of Class on or before April 18, 2019.
5.

On April 2, 2019, the Court vacated the hearing on Plaintiff’s Motion for

Conditional Class Certification pursuant to the Court’s own motion and Local Rule 230(g).
6.

On April 22, 2019, the Court granted the Parties’ stipulation continuing the

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deadline for Defendants to file any Opposition to the Motion for Conditional Certification of Class to

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April 25, 2019 in light of the tentative settlement reached by the Parties.

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7.

As the Parties are currently working to execute the settlement agreement, the

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Parties stipulate to continue the deadline for Defendants to file any Opposition to Plaintiff’s Motion

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for Conditional Class Certification to May 2, 2019.

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8.

This stipulation is entered into in furtherance of judicial economy, and is not

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for the purpose of delay.

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Dated: April 25, 2019

MAYALL HURLEY P.C.

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By: /s/ Robert J. Wasserman
ROBERT J. WASSERMAN
VLADIMIR J. KOZINA
Attorneys for Plaintiff and Putative Class

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Dated: April 25, 2019

LITTLER MENDELSON, P.C.

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By: /s/ Ryan L. Eddings
RYAN L. EDDINGS
ANDREW H. WOO
JAMES P. VAN
Attorneys for Defendant
ENCORE RESTAURANTS, LLC; FIVE
GUYS ENTERPRISES, LLC; ENCORE
ENTERPRISES, INC.; ENCORE FGBF,
LLC

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LITTLER MENDELSON, P.C.
5200 North Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

(No. 2:18-cv-01623-MCE-KJN)

2.

STIP TO CONTINUE DEADLINE FOR FILING
OPP TO MOTION TO CERTIFY CLASS

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ORDER

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Pursuant to stipulation, and for good cause shown, the Parties’ proposed agreement to continue

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the deadline for Defendants to file any Opposition to Plaintiff’s Motion for Conditional Class

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Certification to May 2, 2019 is GRANTED.

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IT IS SO ORDERED.
Dated: April 29, 2019

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LITTLER MENDELSON, P.C.
5200 North Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

(No. 2:18-cv-01623-MCE-KJN)

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STIP TO CONTINUE DEADLINE FOR FILING
OPP TO MOTION TO CERTIFY CLASS