Galeener v. Source Refrigeration & HVAC, Inc.

Filing 101

Order by Hon. Vince Chhabria granting 100 Stipulation re Settlement.(knm, COURT STAFF) (Filed on 11/12/2014)

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John M. Padilla (Cal. Bar No. 279815)
[e-mail]
PADILLA & RODRIGUEZ, L.L.P.
601 South Figueroa Street, Suite 4050
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]

Jahan C. Sagafi (Cal. Bar No. 224887)
[e-mail]
Outten & Golden LLP
One Embarcadero Center, 38th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

Galvin B. Kennedy (admitted pro hac vice)
[e-mail]
Gabriel Assaad (admitted pro hac vice)
[e-mail]
KENNEDY HODGES, L.L.P.
711 W. Alabama Street
Houston, Texas 77007
Telephone: [phone]
Facsimile: [phone]

Christopher McNerney (admitted pro
hac vice)
[e-mail]
Outten & Golden LLP
3 Park Avenue, 29th Floor
New York, NY 10016
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and proposed Class Members
MARGARET A. KEANE (SBN 255378)
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105-2933
Tel.: [phone]
Fax: [phone]

KATHARINE J. LIAO (SBN 255157)
[e-mail]
DLA PIPER LLP (US)
2000 Avenue of the Stars
Suite 400 North Tower
Los Angeles, CA 90067
Tel.: [phone]
Fax: [phone]

Attorneys for Defendant Source Refrigeration & HVAC, Inc.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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LYLE E. GALEENER, individually and on
behalf of all others similarly situated,

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Plaintiff,
v.
SOURCE REFRIGERATION & HVAC, INC.,

Case No. 13-cv-04960-VC
STIPULATION AND [PROPOSED]
ORDER RE SETTLEMENT
The Honorable Vince Chhabria
Courtroom 10; 19th Floor

Defendant.

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STIPULATION & [PROPOSED] ORDER
RE SETTLEMENT
CASE NO. 13-CV-04960-VC

Pursuant to the Parties’ Court-Ordered Stipulation dated September 15, 2014 (Docket No.

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96), Plaintiffs and Defendant Source Refrigeration & HVAC, Inc. (“Source”) (collectively, the

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“Parties”) jointly submit this joint status report regarding mediation, which took place as

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scheduled on November 4, 2014.
Plaintiffs (in concert with the plaintiffs in Hamer1 and Vargas,2 who are represented by

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Plaintiffs’ counsel) and Source attended a private mediation before mediator Susan Haldeman on

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November 4, 2014. In addition, plaintiff in the Meza action3 participated in the mediation. The

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Parties and Meza engaged in arms-length negotiations over the course of over fourteen hours in

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an effort to reach a global resolution of Galeener, Hamer, Vargas and Meza (the “Actions”).

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Prior to mediation, the Parties exchanged significant discovery (both formal and informal),

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mediation briefs, and damages calculations.

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During the mediation, the Parties reached a global settlement in principle to resolve

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Galeener, Hamer, and Vargas (the “Galeener settlement”). The Galeener settlement proposes to

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resolve claims asserted on behalf of Source service technicians nationwide on a class and

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collective action basis. As part of the Galeener settlement, the Parties have agreed that Hamer

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and Vargas shall be dismissed without prejudice. Mr. Hamer, Mr. Vargas, and possibly other

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individuals will become plaintiffs in this instant action by stipulated amendment to the complaint.

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In addition, Meza and Source reached a settlement in principle to resolve Meza (the “Meza

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settlement”). The Meza settlement proposes to resolve claims asserted on behalf of Source

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construction workers (but not service technicians) throughout California on a class action basis.

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The Meza settlement is therefore on behalf of a discrete group (the construction workers), who

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are not part of the proposed collective or class in this action.
For each settlement, the parties have executed a binding Memorandum of

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Understanding/Agreement to reflect the agreement in principle, and negotiations of specific terms

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Hamer v. Source Refrigeration & HVAC, Inc., Case No. 1:14-CV-570-55, before the United States District Court
for the Western District of Texas (“Hamer”).
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Vargas v. Source Refrigeration & HVAC, Inc., Case No. 2013-CV-32936-00712145-CU-OE-CXC, before the
Colorado District Court (Denver County) (“Vargas”).
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Meza v. Source Refrigeration & HVAC, Inc., Case No. 30-2014, before the California Superior Court (Orange
County) (“Meza”).

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STIPULATION & [PROPOSED] ORDER
RE SETTLEMENT
CASE NO. 13-CV-04960-VC

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of the settlements are now beginning. Both settlements will be filed in court, in a preliminary

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approval submission, by December 16, 2014. The Galeener settlement will be presented to this

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Court; the Meza settlement will be presented to Judge Moss in the Orange County Superior Court.

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THEREFORE, the Parties respectfully request that the Court:

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(1)

Take all motion deadlines (including briefing for the Motion to Certify

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Collective Action) and hearing dates (including the December 11, 2014

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hearing) off calendar;

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(2)

Stay the matter in its entirety; and

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(3)

Set a deadline for the filing of the class and collective action settlement

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preliminary approval motion of December 16, 2014.

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Dated: November 6, 2014
DLA PIPER LLP (US)

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By:

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/s/ Margaret A. Keane
MARGARET A. KEANE
Attorneys for Defendant
SOURCE REFRIGERATION & HVAC,
INC.

Dated: November 6, 2014
OUTTEN & GOLDEN LLP
By:

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/s/ Jahan Sagafi
JAHAN SAGAFI
Attorneys for Plaintiff and the Putative Class

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STIPULATION & [PROPOSED] ORDER
RE SETTLEMENT
CASE NO. 13-CV-04960-VC

ORDER

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IT IS HEREBY ORDERED that:

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(1)

In light of the Parties’ settlement, all motion deadlines and hearing dates are
taken off calendar;

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(2)

This matter, including discovery, is stayed in its entirety;

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(3)

The Parties shall file a motion for class and collective action settlement

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preliminary approval by January 9, 2015.
IT IS SO ORDERED.

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Dated: November ___, 2014

_____________________________________
VINCE CHHABRIA
UNITED STATES DISTRICT JUDGE

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STIPULATION & [PROPOSED] ORDER
RE SETTLEMENT
CASE NO. 13-CV-04960-VC