Lovgren et al v. Enloe Medical Center

Filing 19

STIPULATION and ORDER signed by Senior District Judge William B. Shubb on 3/10/2025 VACATING all hearing dates and deadlines in the Lovegren PAGA Action. (Deputy Clerk KEZ)

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BLUMENTHAL NORDREHAUG
BHOWMIK DE BLOUW LLP
Norman B. Blumenthal (State Bar # 068687)
[e-mail]
Kyle R. Nordrehaug (State Bar #205975)
[e-mail]
Aparajit Bhowmik (State Bar #248066)
[e-mail]
Jeffrey S. Herman (State Bar #280058)
[e-mail]
Sergio J. Puche (State Bar #289437)
[e-mail]
Trevor G. Moran (State Bar #330394)
[e-mail]
2255 Calle Clara
La Jolla, CA 92037
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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[Additional Counsel on Following Page]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
CHRISTIAN LOVGREN and GINA
Case No. 2:24-cv-01133-WBS-DMC
CUNEO, on behalf of the State of
California, as a private attorney general, [PAGA Action]

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Plaintiffs,
v.
ENLOE MEDICAL CENTER, a
California; and Does 1 through 50,
Inclusive,

JOINT NOTICE OF CONDITIONAL
SETTLEMENT;
STIPULATION TO VACATE
HEARING DATES/DEADLINES;
ORDER

Defendants.

Judge:
Hon. William B. Shubb
Courtroom: 5, 14th Floor

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JOINT NOTICE OF CONDITIONAL SETTLEMENT; AND STIPULATION TO VACATE HEARING
DATES/DEADLINES; ORDER

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Barbara A. Blackburn, Bar No. 253731
[e-mail]
Douglas L. Ropel. Bar No. 300486
[e-mail]
Lauren J. Orozco, Bar No. 332880
[e-mail]
LITTLER MENDELSON, P.C.
500 Capitol Mall, Suite 2000
Sacramento, California 95814
Telephone: [phone]
Fax No.: 916.561.0828
Attorney for Defendant
ENLOE MEDICAL CENTER

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JOINT NOTICE OF CONDITIONAL SETTLEMENT; AND STIPULATION TO VACATE HEARING
DATES/DEADLINES; ORDER

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Plaintiffs Christian Lovgren and Gina Cuneo (“Plaintiffs”) and Defendant

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Enloe Medical Center (“Defendant”) (collectively, the “Parties”), by and through

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their respective counsel of record, hereby notify the Court that the Parties Class

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reached a settlement in the above-entitled PAGA Action, along with the related

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Class Action, Case No. 2:24-cv-01134-WBS-DMC, which is conditioned on the

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Court’s approval.

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Further, pursuant to the terms of the Parties’ settlement, the parties hereby
stipulate and agree as follows:

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WHEREAS, Plaintiffs filed this PAGA Representative Action complaint on

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February 12, 2024, Butte County Court Case No. 24CV00490, which was removed

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to Eastern District of California, Case No. 2:24-cv-01133-WBS-DMC. (the

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“Lovegren PAGA Action”);

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WHEREAS, Plaintiffs filed a separate Class Action complaint on January 18,

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2024, Butte County Court Case No. 24CV00200, which was removed to Eastern

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District of California, Case No. 2:24-cv01134-WBS-DMC. (the “Lovegren Class

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Action”);

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WHEREAS, the Parties settled the case after a private medication on January

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21, 2025, with experienced wage and hour mediator Steven Serratore, which

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resulted in a global settlement of the Lovegren Class Action and the Lovegren

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PAGA Action;

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WHEREAS, the Parties agree that all pending hearing dates and deadlines,
including, but not limited to, Plaintiffs’ Motion to Remand, shall be vacated;
WHEREAS,

pursuant

to

the

Parties’

executed

Memorandum

of

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Understanding (“MOU”), the Parties agree, subject to Court approval,

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remand the Lovegren Class Action to the Butte County Superior Court: (2) file a

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First Amended Class and Representative Action Complaint (“FAC”) in the

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Lovegren Class Action to include the PAGA claims from the Lovegren PAGA

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to: (1)

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JOINT NOTICE OF CONDITIONAL SETTLEMENT; AND STIPULATION TO VACATE HEARING
DATES/DEADLINES; ORDER

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Action; (3) dismiss the Lovegren PAGA Action without prejudice (once the FAC is

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filed in the Lovegren Class Action); and (4) seek approval in State Court; and

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WHEREAS, pursuant to the Parties’ MOU, the Parties further agree if the

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Butte Couty Superior Court in the Lovegren Class Action does not grant final

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approval of the settlement and enter judgement, the Parties agree that the status quo

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before settlement of the Lovegren Class Action and Lovegren PAGA Action claims

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is restored. At Defendant’s option, the action will be returned to the Eastern District

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of California, and Plaintiffs will not challenge the removal on timeliness grounds.

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However, Plaintiffs, at their option, can re-file a remand motion on other grounds.

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NOW, THEREFORE, based upon the foregoing, the Parties, by and through

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their respective undersigned counsel of record, hereby stipulate and agree as

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follows:

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1. The above recitals are in an integral part of and provide the foundation for
this stipulation;
2. All hearing dates and deadlines in the Lovegren PAGA Action shall be
vacated;

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Dated: March 04, 2025

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By: /s/ Jeffey S. Herman (Authorized on 3/4/2025)
Jeffrey S. Herman
Trevor G. Moran
Attorney for Plaintiffs

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BLUMENTHAL NORDREHAUG BHOWMIK
DE BLOUW LLP

Dated: March 04, 2025

LITTLER MENDELSON, P.C.
By: /s/ Barbara A. Blackburn (Authorized on 3/4/2025)
Barbara A. Blackburn
Douglas L. Ropel
Attorney for Defendant

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JOINT NOTICE OF CONDITIONAL SETTLEMENT; AND STIPULATION TO VACATE HEARING
DATES/DEADLINES; ORDER

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ORDER
By stipulation of the Parties, and for good cause shown, the Court hereby
Orders as follows:
1.

All hearing dates and deadlines in the Lovegren PAGA Action shall be
vacated.

IT IS SO ORDERED.

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Dated: March 10, 2025

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JOINT NOTICE OF CONDITIONAL SETTLEMENT; AND STIPULATION TO VACATE HEARING
DATES/DEADLINES; ORDER