Carrillo v. Siemens Mobility, Inc.

Filing 11

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 7/3/2024 CONSOLIDATING and RELATING Cases 2:24-cv-556 and 2:24-cv-646. (Kyono, V)

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David Mara, Esq. (230498) 1 Jill Vecchi, Esq. (299333) MARA LAW FIRM, PC 2 2650 Camino Del Rio North, Suite 302 San Diego, California 92108 3 Telephone: (619) 234-2833 Facsimile: (619) 234-4048 4 Email: dmara@maralawfirm.com 5 jvecchi@maralawfirm.com Attorneys for Plaintiff ROGELIO CARRILLO, 6 on behalf of himself, all others similarly situated, 7 and on behalf of the general public Samantha C. Grant, Esq. (198130) 8 REED SMITH LLP 1901 Avenue of the Stars, Suite 700 9 Los Angeles, California 90067-6078 Telephone: (310) 734-5200 10 Facsimile: (310) 734-5299 11 Email: sgrant@reedsmith.com Jeffrey Elkrief, Esq. (321030) 12 REED SMITH LLP 355 South Grand Avenue, Suite 2900 13 Los Angeles, California 90071-1514 Telephone: (213) 457-8000 14 Facsimile: (213) 457-8080 15 16 Email: jelkrief@reedsmith.com Attorneys for Defendant SIEMENS MOBILITY, INC. 17 UNITED STATES DISTRICT COURT 18 EASTERN DISTRICT OF CALIFORNIA 19 21 ROGELIO CARRILLO on behalf of himself, all others similarly situated, and on behalf of the general public, 22 Plaintiffs, 23 v. 20 24 25 26 27 SIEMENS MOBILITY, INC.; and DOES 1-100, Defendants. Case No. 2:24-cv-00556-KJM-CKD STIPULATION TO CONSOLIDATE PAGA ACTION WITH CLASS ACTION; ORDER THEREON Judge: Hon. Kimberly J. Mueller Courtroom: Three (3) Complaint Filed: January 19, 2024 Action Removed: February 21, 2024 Trial Date: None Set 28 2:24-cv-00556-KJM-CKD. -1- STIPULATION TO CONSOLIDATE PAGA ACTION WITH CLASS ACTION; ORDER THEREON 1 Plaintiff Rogelio Carrillo (“Plaintiff”) and Defendant Siemens Mobility, Inc. 2 “Siemens”) (collectively, “the Parties”) hereby enter into the following stipulation, 3 through their duly authorized respective counsel of record, with reference to the 4 following facts: 5 WHEREAS, on or about January 19, 2024, Plaintiff filed the instant putative 6 class action against Siemens entitled Rogelio Carrillo v. Siemens Mobility, Inc. et 7 al., in Sacramento County Superior Court, Case No. 24CV000901 (the “Class 8 Action”). 9 WHEREAS, Siemens subsequently removed the Class Action on February 10 21, 2024 to the U.S. District Court for the Eastern District of California, Case No. 11 2:24-cv-00556-KJM-CKD. 12 WHEREAS, on January 29, 2024, Plaintiff filed a representative action 13 complaint for civil penalties pursuant to the Private Attorneys General Act of 2004 14 (Lab. Code §§ 2698 et seq.) in Sacramento County Superior Court, Case No. 15 24CV001497 against Siemens (the “PAGA Action”), which was predicated upon the 16 same underlying claims as the Class Action. 17 WHEREAS, Siemens removed the PAGA Action on February 28, 2024 to the 18 U.S. District Court for the Eastern District of California. The Court assigned the 19 PAGA Action a case number of 2:24-CV-00646-KJM-AC and the matter is also 20 currently assigned to this Courtroom. 21 WHEREAS, the Class Action and the PAGA Action present common 22 questions of law and fact and substantially similar claims as they both assert wage 23 and hour claims against Siemens for its alleged failure to: (1) pay straight time 24 wages; (2) pay all overtime wages; (3) provide meal periods; (4) provide rest periods; 25 (5) pay wages due at termination of employment; (6) provide itemized wage 26 statements; (7) adopt a compliant sick pay/paid time off policy and provide written 27 notice setting forth amount of sick leave available; and (8) reimburse for all business 28 expenses. 2:24-cv-00556-KJM-CKD. -2- STIPULATION TO CONSOLIDATE PAGA ACTION WITH CLASS ACTION; ORDER THEREON 1 WHEREAS, the time period involved in the PAGA Action is wholly 2 subsumed by the time period involved in the Class Action. 3 WHEREAS, the PAGA Action and Class Action involve common parties as 4 the representative group alleged in the PAGA Action is wholly subsumed within the 5 putative class alleged in the Class Action, Rogelio Carrillo is the named plaintiff in 6 both the PAGA Action and the Class Action, and Siemens is the only defendant 7 named in the PAGA Action and Class Action. 8 WHEREAS, the same law firm is Plaintiff’s counsel and the same law firm is 9 Siemens’s counsel in both the PAGA Action and the Class Action. 10 WHEREAS, in the interests of judicial economy, consistency of rulings and 11 adjudications, and conservation of the Court’s and the Parties’ respective resources, 12 the Parties seek consolidation of the PAGA Action with the Class Action. 13 WHEREAS, the Parties agree that the Class Action and PAGA Action shall 14 be consolidated for all purposes, and the lead case shall be the Class Action. 15 NOW, THEREFORE, IT IS STIPULATED AND AGREED by the Parties, 16 subject to Court approval, that the PAGA Action (entitled Rogelio Carrillo v. Siemens 17 Mobility, Inc. et al.., et al., Case No. 2:24-CV-00646-KJM-AC) be consolidated for 18 all purposes with the Class Action, currently pending before this Court and the lead 19 case shall be the Class Action. 20 21 22 Dated: July 3, 2024 MARA LAW FIRM, PC /s/ David Mara David Mara Jill Vecchi Attorneys for Plaintiff ROGELIO CARRILLO ON BEHALF OF HIMSELF, ALL OTHERS SIMILARLY SITUATED, AND ON BEHALF OF THE GENERAL PUBLIC 23 24 25 26 27 28 2:24-cv-00556-KJM-CKD. -3- STIPULATION TO CONSOLIDATE PAGA ACTION WITH CLASS ACTION; ORDER THEREON 1 Dated: July 3, 2024 REED SMITH LLP 2 /s/ Samantha C. Grant Samantha C. Grant Jeffrey Elkrief Attorneys for Defendant SIEMENS MOBILITY, INC. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2:24-cv-00556-KJM-CKD. -4- STIPULATION TO CONSOLIDATE PAGA ACTION WITH CLASS ACTION; ORDER THEREON 1 ORDER 2 3 Having considered the Parties’ Stipulation and good cause appearing, IT IS 4 HEREBY ORDERED that: 5 The PAGA Action (Case No. 2:24-CV-00646-KJM-AC) shall be related and 6 consolidated for all purposes with the instant Class Action (Case No. 2:24-cv-005567 KJM-CKD), also currently pending before this Court, and the lead case shall be the 8 Class Action. The Clerk shall reassign 2:24-CV-00646-KJM-AC to Magistrate 9 Judge Delaney. 10 The parties must now file all documents related to either action in the Class 11 Action (No. 2:24-cv-00556-KJM-CKD) and apply the caption of that action. 12 The clerk’s office is directed to relate and consolidate these cases, file a 13 copy of this order in both actions and close the PAGA Action (Case No. 14 2:24-cv-00646-KJM-CKD). 15 IT IS SO ORDERED. 16 DATED: July 3, 2024. 17 18 19 20 21 22 23 24 25 26 27 28 2:24-cv-00556-KJM-CKD. -5- STIPULATION TO CONSOLIDATE PAGA ACTION WITH CLASS ACTION; ORDER THEREON

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