Selbe et al v. Peak Campus Management, LLC

Filing 105


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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN FRANCISCO DIVISION 4 5 6 NICHOLAS SELBE, DANIEL GHYCZY, MAKAELA O'CONNELL, and ANNIYA LOUIS on behalf of themselves and others similarly situated, 7 8 9 10 Case No. 3:14-cv-3238-MMC ORDER APPROVING JOINT STIPULATION TO CANCEL CASE MANAGEMENT CONFERENCE AND CASE STATUS REPORT Plaintiffs, Date: Time: Judge: Location: v. PEAK CAMPUS MANAGEMENT, LLC, Defendant. December 18, 2015 10:30 a.m. Hon. Maxine M. Chesney Courtroom 7 (Telephonic) Complaint filed: Trial date: 11 July 17, 2014 Not set 12 13 Plaintiffs Nicholas Selbe, Daniel Ghyczy, Makaela O'Connell, and Anniya Louis 14 (“Plaintiffs”), and Defendant Peak Campus Management, LLC (“Defendant”) (collectively, the 15 “Parties”), by and through their respective counsel, submit this Joint Stipulation to Cancel Case 16 Management Conference and Case Status Report. 17 BACKGROUND 18 The original Complaint in this matter was filed on July 17, 2014. The Complaint alleges 19 violations of the Fair Labor Standards Act (FLSA) as well as California state wage and hour law. 20 The Defendant, Peak Campus Management, LLC, manages apartments that are intended for and 21 marketed as housing for college and university students. The Plaintiffs were employed at these 22 properties managed by the Defendant in a position called an “All-Star.” For a specified number 23 of hours worked, All-Stars were compensated through the provision of lodging. The Complaint 24 alleges that pursuant to the FLSA, this lodging cannot be credited towards the payment of 25 minimum wages at all and that under California wage and hour law, if the lodging may be 26 credited at all, the permissible maximum is substantially less than the credit taken by the 27 Defendant. The Defendant has denied that its employment or pay practices violated either the 28 FLSA or California state wage and hour law. 1 JOINT STIPULATION AND CASE STATUS REPORT (CASE NO.: 3:14-CV-3238-MMC) 1 On January 21, 2015, the Court conditionally certified this action as an FLSA collective 2 action (the “Consent Order”). The Consent Order approved the notice plan agreed upon by the 3 parties. Through the notice plan and opt-in process, 165 people filed a Consent to Join Collective 4 Action form to join the FLSA portion of the lawsuit as opt-in plaintiffs. An additional number of 5 people are putative plaintiffs pursuant to the California state law portion of the lawsuit resulting 6 in a total class size of approximately 204 class members. 7 On July 30, 2015, the Parties attended a full day private mediation session in Los Angeles, 8 California with experienced wage and hour mediator Michael E. Dickstein, Esq. at which the 9 Parties agreed to a settlement of this case. At the conclusion of mediation, the Parties entered into 10 a Memorandum of Understanding, which, subject to Court approval, is intended to be a full and 11 final resolution of this case. 12 CASE STATUS 13 The Parties have now entered into a formal settlement agreement, and on 14 November 20, 2015, Plaintiffs filed an unopposed Motion for Preliminary Approval of Class and 15 Collective Action Settlement. 16 December 18, 2015, the same day on which a Case Management Conference is scheduled for 17 10:30 a.m. Given the pendency of the motion for preliminary approval and the hearing set for 18 December 18, 2015 at 9:00 a.m., the Parties submit that there is no need for a Case Management 19 Conference on December 18, 2015. 20 Case Management Conference scheduled for December 18, 2015 at 10:30 a.m. be cancelled. That motion is scheduled to be heard at 9:00 a.m. on As such, the Parties respectfully request that the 21 22 23 24 25 26 27 28 2 JOINT STIPULATION AND CASE STATUS REPORT (CASE NO.: 3:14-CV-3238-MMC) 1 Dated: December 11, 2015 KINGSLEY & KINGSLEY 2 /s/ Eric B. Kingsley ERIC B. KINGSLEY LIANE KATZENSTEIN LY Attorneys for Plaintiffs NICHOLAS SELBE, DANIEL GHYCZY, MAKAELA O’CONNELL, AND ANNIYA LOUIS 3 4 5 6 7 DAVID, KAMP & FRANK, L.L.C. Dated: December 11, 2015 8 /s/ Joshua M. David JOSHUA M. DAVID NICHOLAS A. NUNES Attorneys for Plaintiffs NICHOLAS SELBE, DANIEL GHYCZY, MAKAELA O’CONNELL, AND ANNIYA LOUIS 9 10 11 12 Dated: December 11, 2015 LITTLER MENDELSON, P.C. 13 14 /s/ Elizabeth Staggs Wilson ELIZABETH STAGGS WILSON FATEMEH MASHOUF LITTLER MENDELSON, P.C. Attorneys for Defendant PEAK CAMPUS MANAGEMENT, LLC 15 16 17 18 I, Joshua M. David, am the ECF User whose identification and password are being used to 19 file this Joint Stipulation and Case Status Report. In compliance with Local Rule 5-1(i)(3), 20 I hereby attest that all signatories hereto concurred in and authorized this filing. D S RDERE OO IT IS S 25 sney LI ER M. Che Dated: December 15, 2015 A H 28 axine Judge M RT 27 NO 26 R NIA 24 UNIT ED 23 N /s/ Joshua M. David RT U O 22 By: S DISTRICT TE C TA FO 21 F D IS T IC T O R C 3 JOINT STIPULATION AND CASE STATUS REPORT (CASE NO.: 3:14-CV-3238-MMC)

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