Galeener v. Source Refrigeration & HVAC, Inc.

Filing 121

Order by Hon. Vince Chhabria granting 118 Stipulation Granting leave to File First Amended Complaint.(knm, COURT STAFF) (Filed on 2/19/2015)

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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, California 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, New York 10016
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and Proposed Class
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MARGARET A. KEANE (Cal. Bar No.
255378)
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

KATHARINE J. LIAO (Cal. Bar No.
255157)
[e-mail]
DLA PIPER LLP (US)
2000 Avenue of the Stars,
Suite 400 North Tower
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendants

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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LYLE E. GALEENER, Individually and
On Behalf of All Others Similarly Situated,
Plaintiff,
v.
SOURCE REFRIGERATION & HVAC,
INC.,

Case Number: 3:13-cv-04960-VC
STIPULATION AND [PROPOSED]
ORDER GRANTING LEAVE TO FILE
FIRST AMENDED COMPLAINT

Defendant.

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STIPULATION AND [PROPOSED] ORDER GRANTING
LEAVE TO FILE FIRST AMENDED COMPLAINT

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WHEREAS, in an effort to effectuate the parties’ settlement of all claims in this and
related litigation, Plaintiffs wish to amend their class and collective action complaint to add (1)
nationwide Fair Labor Standards Act (“FLSA”) collective action claims (where before the FLSA

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claims were limited to three states); (2) Lyle Galeener as a proposed Class Representative
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asserting claims under Arizona state law on behalf of himself and a proposed Class of Arizona

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employees; (3) Mathew Vargas as a proposed Class Representative asserting claims under

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Colorado state law on behalf of himself and a proposed Class of Colorado employees; (4) Erik

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Brown as a proposed Class Representative asserting claims under Florida state law on behalf of

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himself and a proposed Class of Florida employees; (5) Erik Brown as a proposed Class
Representative asserting claims under Georgia state law on behalf of himself and a proposed

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Class of Georgia employees; (6) Jesse Howell as a proposed Class Representative asserting
claims under Idaho state law on behalf of himself and a proposed Class of Idaho employees; (7)

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Lyle Galeener as a proposed Class Representative asserting claims under Nevada state law on

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behalf of himself and a proposed Class of Nevada employees; (8) Keith Brown as a proposed

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Class Representative asserting claims under New Mexico state law on behalf of himself and a

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proposed Class of New Mexico employees; (9) Erik Brown as a proposed Class Representative
asserting claims under Oregon state law on behalf of himself and a proposed Class of Oregon

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employees; (10) Sean Hamer as a proposed Class Representative asserting claims under the

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principles of quantum meruit, on behalf of himself and a proposed Class of employees from

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Texas, Alabama, Minnesota, Montana, Oklahoma Nebraska, North Carolina, South Carolina,

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Tennessee, Utah, and Wyoming; (11) Joseph Metko as a proposed Class Representative asserting

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claims under Washington state law on behalf of himself and a proposed Class of Washington

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employees;

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WHEREAS, pursuant to the parties’ settlement agreement, plaintiffs in the related cases
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STIPULATION AND [PROPOSED] ORDER GRANTING
LEAVE TO FILE FIRST AMENDED COMPLAINT

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of Vargas v. Source Refrigeration & HVAC, Inc., Case No. 2013-CV-32936-00712145-CU-OE-

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CXC (Colorado state court) (“Vargas”) and Hamer v. Source Refrigeration & HVAC, Inc., Case

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No. 1:14-CV-570-55 (W.D. Tex.) (“Hamer”) will dismiss their claims within seven days of this

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Court granting them leave to serve as class representatives in this action;
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WHEREAS, pursuant to that settlement agreement, Defendant Source Refrigeration &

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HVAC, Inc. (“Source”) agrees that the Colorado claims now asserted in this action shall be

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deemed to have been asserted on the day Vargas was first filed, and the Colorado class members’

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claims deemed tolled as of that date; and

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WHEREAS, pursuant to that settlement agreement, Defendant Source agrees that Mr.
Hamer and the opt-ins in Hamer shall be deemed to have opted into this action on the day each of

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them filed or opted into Hamer, respectively, and their FLSA claims deemed tolled as of those
filing and opt-in dates, respectively.

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THEREFORE, the parties respectfully request that the Court order that:

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1.

Plaintiffs may file the First Amended Complaint, attached hereto as Exhibit A;

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2.

The Colorado claims asserted by Plaintiffs will be deemed to have been filed
on the date that Vargas was first filed in Colorado state court; and

3.

Mr. Hamer and the opt-ins in Hamer will be deemed to have opted into this
action on the day each of them filed or opted into Hamer.

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IT IS SO STIPULATED.
Dated: February 18, 2015
DLA PIPER LLP (US)
By:

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/s/ Margaret A. Keane
MARGARET A. KEANE (SBN 255378)
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105-2933
Tel.: [phone]
Fax: [phone]
[e-mail]
STIPULATION AND [PROPOSED] ORDER GRANTING
LEAVE TO FILE FIRST AMENDED COMPLAINT

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Attorneys for Defendant

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Dated: February 18, 2015

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KENNEDY HODGES, L.L.P.

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By:

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/s/ Galvin B. Kennedy__
GALVIN B. KENNEDY
KENNEDY HODGES, L.L.P.
711 W. Alabama Street
Houston, Texas 77007
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff and Proposed Class

s

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STIPULATION AND [PROPOSED] ORDER GRANTING
LEAVE TO FILE FIRST AMENDED COMPLAINT

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ORDER

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IT IS HEREBY ORDERED that:

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(1)

Plaintiffs may file the First Amended Complaint;

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(2)

The Colorado claims asserted by Plaintiffs will be deemed to have been filed
on the date that Vargas was first filed in Colorado state court; and

(3)

Mr. Hamer and the opt-ins in Hamer will be deemed to have opted into this
action on the day each of them filed or opted into Hamer.

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IT IS SO ORDERED.

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February 19
Dated: __________________, 2015

_____________________________________
THE HONORABLE VINCE CHHABRIA
UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER GRANTING LEAVE TO
FILE FIRST AMENDED COMPLAINT