Heggen v. Heavenly Valley Ltd. Partnership et al

Filing 10

ORDER signed by Senior Judge William B. Shubb on 11/30/2021 ORDERING All deadlines in this action are hereby immediately STAYED and VACATED. Joint Status Report addressing the status of the settlement approval process due by 2/28/2022, and a Status Conference re Class Action Settlement set for 3/14/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Reader, L)

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Evan R. Moses (Cal. Bar No. 198099)
Melis Atalay, (Cal. Bar No. 301373)
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone:
213-239-9800
Facsimile:
213-239-9045
JULIAN BURNS KING (Cal. Bar No. 298716) Email: [e-mail]
Email: [e-mail]
[e-mail]
ELLIOT J. SIEGEL (Cal. Bar No. 286798)
Counsel for Defendant
[e-mail]
HEAVENLY VALLEY, LIMITED
KING & SIEGEL LLP
PARTNERSHIP
724 S. Spring Street, Suite 201
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: 213-465-4803
JUSTIN TOOBI (Cal. Bar No. 296174)
[e-mail]
724 S. Spring Street, Suite 201
Los Angeles, CA 90014
Telephone: [phone]

Counsel for Plaintiff
ADAM HEGGEN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Adam Heggen, an individual,
Plaintiff,

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v.

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Heavenly Valley, Limited Partnership; and
Does 1-10, inclusive;

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Case No. 2:21-cv-00107-WBS-DB
JOINT STIPULATION AND ORDER TO
STAY CASE PENDING APPROVAL OF
CLASS SETTLEMENT IN RELATED CASE
Complaint Filed:
Date Removed:
District Judge:

Defendants.
Magistrate Judge:

October 21, 2020
January 21, 2021
Hon. William B. Shubb
Courtroom 5, Sacramento
Hon. Deborah Barnes
Courtroom 27, Sacramento

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Case No. 2-21-cv-00107-WBS-DB
JOINT STIPULATION AND ORDER TO STAY CASE PENDING APPROVAL OF CLASS SETTLEMENT IN
RELATED CASE

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Plaintiff Adam Heggen and Defendant Heavenly Valley, Limited Partnership (collectively,

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“the Parties”), by and through their respective counsel of record, herein agree and stipulate as

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follows:

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RECITALS

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WHEREAS, the Parties notified the Court that they had reached a settlement to resolve all

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claims in this wage and hour class and collective action case on August 12, 2021 (“Settlement”);

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WHEREAS, the Settlement resolves all claims in this lawsuit, as well as all claims pled in

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related cases Gibson v. The Vail Corporation, Case No. 2:21-cv-01260-KJM-AC (E.D. Cal.)

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(“Gibson”); Hamilton v. Heavenly Valley, Limited Partnership, 2:21-cv-01608-MCE-DB (E.D.

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Cal.) (“Hamilton I”); and Hamilton v. Heavenly Valley, Limited Partnership, SC20210148 (El

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Dorado County Superior Court) (“Hamilton II”);

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WHEREAS, the Parties have agreed as part of the Settlement to seek approval of the

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Settlement in Hamilton II, and to immediately stay all deadlines in this case, Gibson, and

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Hamilton I pending approval of the Settlement in Hamilton II; and

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WHEREAS, Plaintiffs anticipate filing a Motion for Preliminary Approval of the Class
Action Settlement in Hamilton II at the earliest possible date;

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, that the Parties request the

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Court issue an order to stay all deadlines in this action and requiring the Parties file a Joint Status

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Report addressing the status of the settlement approval process, and any additional information

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that the Court requires, on a date in February 2022, or such other date that the Court deems

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appropriate.

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IT IS SO STIPULATED.
DATED: November 30, 2021

KING & SIEGEL LLP

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By: /s/ Elliot Siegel
Elliot Siegel
Counsel for Plaintiffs

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Case No. 2-21-cv-00107-WBS-DB
JOINT STIPULATION AND ORDER TO STAY CASE PENDING APPROVAL OF CLASS SETTLEMENT IN
RELATED CASE

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DATED: November 30, 2021
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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Evan Moses (as authorized on XX/XX/21)
Evan R. Moses

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Counsel for Defendant

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SIGNATURE ATTESTATION

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I hereby attest that all other signatories listed, on whose behalf the filing is submitted,
concur in the filing’s content and have authorized the filing.
DATED: November 30, 2021

By: /s/ Elliot Siegel
Elliot Siegel

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Case No. 2-21-cv-00107-WBS-DB
JOINT STIPULATION AND ORDER TO STAY CASE PENDING APPROVAL OF CLASS SETTLEMENT IN
RELATED CASE

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ORDER
The Court having reviewed the foregoing stipulation, and of good cause appearing
therefore, the Court orders as follows:

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(1)

All deadlines in this action are hereby immediately stayed and vacated.

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(2)

The Parties shall file a Joint Status Report addressing the status of the settlement

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approval process, and any additional information that the Court requires, on

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February 28, 2022.

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(3)

A Status Conference Re Class Action Settlement is set for March 14, 2022 at
1:30 p.m.

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IT IS SO ORDERED.

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Dated: November 30, 2021

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Case No. 2-21-cv-00107-WBS-DB
JOINT STIPULATION AND ORDER TO STAY CASE PENDING APPROVAL OF CLASS SETTLEMENT IN
RELATED CASE