McGlothin v. Foot Locker Retail Inc.

Filing 11

ORDER GRANTING 10 STIPULATION WITH PROPOSED ORDER TO CONTINUE THE SEPTEMBER 4, 2014 CASE MANAGEMENT CONFERENCE filed by Foot Locker Retail Inc. Case Management Statement due by 11/6/2014. Case Management Conference set for 11/13/2014 10:00 AM. Signed by Judge Maria-Elena James on 8/19/2014. (cdnS, COURT STAFF) (Filed on 8/19/2014)

Michael Hoffman (SBN 154481)
[e-mail]
HOFFMAN EMPLOYMENT LAWYERS
2 580 California Street, Suite 1600
San Francisco, CA 94104
3 Telephone: [phone]
Facsimile: 415-362-1112
4
Attorneys for Plaintiff
5 RUMEKA McGLOTHIN
1

M ILLER L AW G ROUP

A P ROF E SSIONAL C ORPORATION
C ALIF ORNIA

6
7 Tracy Thompson (SBN 88173)
[e-mail]
8 M. Michael Cole (SBN 235538)
[e-mail]
9 MILLER LAW GROUP
A Professional Corporation
10 111 Sutter Street, Suite 700
11 San Francisco, CA 94104
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for Defendant
FOOT LOCKER RETAIL, INC.
14

15
UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17

SAN FRANCISCO DIVISION

18
19

RUMEKA McGLOTHIN, on behalf of herself
and all others similarly situated,

20

Case No.: 3:14-cv-02521-MEJ

Plaintiff,

STIPULATION AND [PROPOSED] ORDER
TO CONTINUE THE SEPTEMBER 4, 2014
CASE MANAGEMENT CONFERENCE

21
22

v.

Complaint filed: April 30, 2014

23

FOOT LOCKER RETAIL, INC.; and DOES 1
24 through 20, inclusive
25

Defendants.

26
27
28

1
STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE SEPTEMBER 4, 2014
CASE MANAGEMENT CONFERENCE
Case No.: 3:14-cv-02521-MEJ

1

Plaintiff RUMEKA McGLOTHIN and Defendant FOOT LOCKER RETAIL, INC., by and

2 through their respective undersigned counsel of record, hereby enter into the following Joint
3 Stipulation for a brief continuation of the Case Management Conference, currently set for
4 September 4, 2014, and all related deadlines.
5
6

STIPULATION
1.

On June 2, 2014, Defendant removed this putative class action from the

7 Superior Court of California, in and for the County of San Francisco. See Doc. 1.

8

2.

Along with its Notice of Removal, Defendant also filed a Notice of Pendency of

9 Other Action or Proceeding pursuant to Local Rule 3-13, noting that there are two other
10 pending cases involving similar issues and claims under California’s wage and hour laws and

M ILLER L AW G ROUP

A P ROF E SSIONAL C ORPORATION
C ALIF ORNIA

11 covering some of the same putative class members and alleged class periods. The first of
12 these actions, Kissinger, et. al. v. Foot Locker Retail, Inc., Case No. CGC-09-487345 (San
13 Francisco Superior Court) (“Kissinger”), was filed on April 15, 2009, on behalf of Defendant’s
14 non-exempt California employees and alleges claims for off-the-clock-work, forced patronage,

15 and failure to reimburse uniform expenses. The second case, In re: Foot Locker Inc., Fair
16 Labor Standards Act (FLSA) and Wage and Hour Litigation, MDL No. 2235 (E.D. Pa.)
17 (“MDL”), involves the centralization for coordinated and consolidated pretrial proceedings of
18 several putative class and/or collective actions, including a matter which was originally filed in
19 California on April 27, 2011. The MDL involves claims that Foot Locker failed to pay its non20 exempt retail employees for all time worked, including time spent on alleged off-the-clock
21 work.
22

See Doc. 2.
3.

On August 6, 2014, the Parties met and conferred regarding this case. During

23 the call, the Parties discussed the two other pending matters and Defendant provided Plaintiff
24 with some additional information. In particular, Defendant informed Plaintiff that an
25 agreement in principle had been reached to settle, on a class-wide basis, in both the
26 Kissinger and MDL matters. As counsel for Defendant is also counsel of record in Kissinger,
27
28

2
STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE SEPTEMBER 4, 2014
CASE MANAGEMENT CONFERENCE
Case No.: 3:14-cv-02521-MEJ

1 Defendant offered to provide Plaintiff with a copy of that settlement agreement once it was
2 filed.
3

4.

A Motion for Preliminary Approval in Kissinger, along with the settlement

4 agreement, is currently due to be filed by September 9, 2014, and a hearing on that motion is
5 currently set for October 7, 2014 at 9:00 a.m.
6

5.

Given the overlap in claims, and considering that the settlements in the

7 Kissinger and/or MDL matters may impact the scope of this current action going forward, the

8 Parties believe it would be premature to discuss scheduling pending the approval of the
9 Kissinger settlement.
10

6.

Therefore, the Parties respectfully request that the Court continue the Case

M ILLER L AW G ROUP

A P ROF E SSIONAL C ORPORATION
C ALIF ORNIA

11 Management Conference, currently scheduled for September 4, 2014, to a date after October
12 16, 2014, by which time the Motion for Preliminary Approval in the Kissinger matter will have
13 been heard and the Parties will have had an opportunity to meet and confer regarding the
14 appropriate scope of this case going forward and the impact that may have on scheduling in

15 this case.
16
17

Dated: August 19, 2014

18

HOFFMAN EMPLOYMENT LAWYERS
By: /s/ Michael Hoffman (with permission)
Michael Hoffman
Attorneys for Plaintiff
RUMEKA McGLOTHIN

19
20
21
22 Dated: August 19, 2014
23
24
25
26
27
28

MILLER LAW GROUP
A Professional Corporation
By: /s/ Tracy Thompson
Tracy Thompson
M. Michael Cole
Attorneys for Defendant
FOOT LOCKER RETAIL, INC.
3

STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE SEPTEMBER 4, 2014
CASE MANAGEMENT CONFERENCE
Case No.: 3:14-cv-02521-MEJ

1

[PROPOSED] ORDER

2

Good cause appearing therefor, the foregoing Joint Stipulation to Continue the

3 September 4, 2014, Case Management Conference is approved, and it is hereby ordered
4 that:
5

The Case Management Conference, currently set for September 4, 2014, is

10:00 a.m.
6 continued to November 13, 2014 __________________o’clock. All other related
__________________at
7 deadlines, including the deadline for the Parties’ Rule 26(f) Report and for the completion of

8 initial disclosures, are continued accordingly.
9
10

PURSUANT TO STIPULATION, IT IS SO ORDERED

M ILLER L AW G ROUP

A P ROF E SSIONAL C ORPORATION
C ALIF ORNIA

11
12
13

Dated:

August 19, 2014
Hon. Maria-Elena James
Magistrate Judge of the U.S. District Court

14

15
16
17
18
19
20
21
22
23
24
25
26

4820-8860-1373, v. 1

27
28

4
STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE SEPTEMBER 4, 2014
CASE MANAGEMENT CONFERENCE
Case No.: 3:14-cv-02521-MEJ