Ward v. Sutter Valley Hospitals et al

Filing 104

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 7/3/2024 REMANDING this action to Superior Court of California, County of Sacramento. Certified copy of remand order sent to other court. CASE CLOSED. (Woodson, A)

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1 2 3 4 5 6 7 8 9 10 COHELAN KHOURY & SINGER 605 C Street, Suite 200 San Diego, CA 92101 11 12 13 14 15 16 17 18 19 20 21 22 23 THE MARKHAM LAW FIRM David R. Markham (SBN 71814) dmarkham@markham-law.com Lisa R. Brevard (SBN 323391) lbrevard@markham-law.com 888 Prospect Street, Suite 200 La Jolla, CA 92037 Telephone: (619) 399-3995/Facsimile: (619) 615-2067 COHELAN KHOURY & SINGER Isam C. Khoury (SBN 58759) ikhoury@ckslaw.com Michael D. Singer (SBN 115301) msinger@ckslaw.com Maggie K. Realin (SBN 263639) mrealin@ckslaw.com 605 C Street, Suite 200 San Diego, CA 92101 Telephone: (619) 595-3001/Facsimile: (619) 595-3000 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA JENNIFER WARD, an individual, Case No. 2:19-cv-00581-KJM-AC SACORA BESABE, an individual, on CLASS ACTION behalf of themselves and all others similarly situated, The Honorable Kimberly J. Mueller Courtroom 3 Plaintiffs, STIPULATION TO REMAND ACTION FOR v. SETTLEMENT PURPOSES and ORDER SUTTER VALLEY HOSPITALS, a California corporation; and DOES 1 through 100, inclusive, Defendants. Action filed: Action removed: Trial date: February 13, 2019 April 3, 2019 Not set 24 25 26 27 28 Stipulation to Remand Action for Settlement Purposes and Order; No. 2:19-cv-00581-KJM-AC COHELAN KHOURY & SINGER 605 C Street, Suite 200 San Diego, CA 92101 1 TO THE HONORABLE COURT: 2 Plaintiffs Jennifer Ward and Sacora Besabe (“Plaintiffs”) and Defendant Sutter Valley 3 Hospitals (“Defendant”) (collectively, the “Parties”), through counsel of record, for settlement 4 purposes only, stipulate to and request an order remanding this action to the Superior Court of 5 California, County of Sacramento, Case No. 34-2020-00279954-CU-OE-GDS, on the 6 following basis: 7 On February 13, 2019, Plaintiff Jennifer Ward filed a class action complaint against 8 Defendant in the Sacramento Superior Court alleging causes of action for Defendant’s failure 9 to pay wages for all time worked, including minimum and overtime wages, to provide 10 compliant rest and meal periods, to provide accurate itemized wage statements, to pay all 11 wages due during employment and at separation from employment, and for violation of 12 California’s Unfair Competition Law. On April 3, 2019, the action was removed to this Court. 13 On June 2, 2020, Plaintiff filed an amended class action complaint adding Sacora Besabe as a 14 named Plaintiff and a cause of action for Defendant’s failure to reimburse business-related 15 expenses (“Ward Class Action”). 16 On June 4, 2020, Plaintiff Jennifer Ward filed the PAGA Representative Action 17 Complaint under the Private Attorneys General Act (“PAGA”), Labor Code sections 2698, et 18 seq., against Defendant in the Sacramento Superior Court, Case No. 34-2020-00279954-CU- 19 OE-GDS, seeking PAGA Civil Penalties for Defendant’s failure to pay wages for all time 20 worked, including minimum and overtime wages, to reimburse business-related expenses, to 21 provide compliant rest and meal periods, to provide accurate itemized wage statements, and to 22 pay all wages due at separation from employment (“Ward PAGA Action”). 23 On February 1, 2024, the Parties in this action and the Ward PAGA Action (collectively, 24 “the Actions”) engaged in good faith, arms’-length negotiations and, after a full day of 25 mediation facilitated by Michael E. Dickstein, reached agreement on the principal terms of the 26 proposed settlement of both the Actions, which will ultimately require court approval. 27 The Parties have further agreed that the settlement is more appropriately resolved in the 28 Superior Court of California, County of Sacramento, where the Ward PAGA Action has been -1Stipulation to Remand Action for Settlement Purposes and Order; No. 2:19-cv-00581-KJM-AC 1 pending. 2 WHEREFORE, the Parties hereby stipulate that good cause exists to remand the settled 3 action to Superior Court of California, County of Sacramento, Case No. 34-2020-00279954- 4 CU-OE-GDS, for settlement purposes only. This stipulation is without prejudice to rights, 5 claims, defenses and arguments of all parties. 6 SO STIPLULATED. 7 THE MARKHAM LAW FIRM 8 9 Dated: July 3, 2024 10 COHELAN KHOURY & SINGER 605 C Street, Suite 200 San Diego, CA 92101 11 Attorneys for Plaintiff JENNIFER WARD 12 GBG LLP 13 14 15 16 /s/ Lisa Brevard By:_________________________________ David R. Markham Lisa Brevard Dated: July 3, 2024 /s/ Thomas E. Geidt By:_________________________________ Thomas E. Geidt Teresa W. Ghali Attorneys for Defendant SUTTER VALLEY HOSPITALS 17 18 19 20 21 22 23 24 25 26 27 28 -2Stipulation to Remand Action for Settlement Purposes and Order; No. 2:19-cv-00581-KJM-AC 1 ORDER 2 On June 27, 2024, the Parties to the above-referenced Class Action filed a Stipulation to 3 Remand Action for Settlement Purposes. The Court having reviewed the stipulation and good 4 cause appearing, orders as follows: 5 1. The Parties’ stipulation is approved; and 6 2. This action is hereby remanded to the Superior Court of California, County of 7 8 9 Sacramento, Case No. 34-2020-00279954-CU-OE-GDS. IT IS SO ORDERED. DATED: July 3, 2024. 10 COHELAN KHOURY & SINGER 605 C Street, Suite 200 San Diego, CA 92101 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Stipulation to Remand Action for Settlement Purposes and Order; No. 2:19-cv-00581-KJM-AC

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