Hochstetler et al v. Pacific Gateway Concessions LLC

Filing 32

STIPULATION AND ORDER Continuing Initial Case Management Conference. Case Management Statement due by 8/24/2015. Initial Case Management Conference set for 8/31/2015 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 06/10/2015. (tmiS, COURT STAFF) (Filed on 6/10/2015)

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MARA E. ROSALES, State Bar No. 104844
[e-mail]
MICHELLE SEXTON, State Bar No. 138536
[e-mail]
ROBERT D. SANFORD, State Bar No.129790
[e-mail]
ROSALES LAW PARTNERS LLP
433 California Street, Suite 630
San Francisco, CA 94104
Telephone:
[phone]
Attorneys for Defendant and Cross-Claimant
PACIFIC GATEWAY CONCESSIONS LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RACHEL HOCHSTETLER,
CIRENA TORRES,

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Plaintiffs,
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vs.
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PACIFIC GATEWAY CONCESSIONS LLC, et )
al.,
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Defendants.
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_______________________________________ )
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PACIFIC GATEWAY CONCESSIONS LLC, et )
al.,
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Cross-Claimant,
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vs.
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POINT SOLUTIONS, LLC
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Cross-Defendant. )
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)
)

CASE NO. 3:14-CV-04748-TEH
STIPULATION AND [PROPOSED]
ORDER CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE
Date:
June 15, 2015
Time:
1:30 p.m.
Courtroom: 12

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Stipulated Order Continuing CMC

Case No. 3:14-cv-04748-TEH

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STIPULATION

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Plaintiffs Rachel Hochstetler and Cirena Torres, Defendant and Cross-Claimant Pacific

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Gateway Concessions LLC ("PGC"), and Cross-Defendant Point Solutions, LLC ("PS") hereby

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stipulate as follows:

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Recitals

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1.

The Initial Case Management Conference in this action was originally scheduled

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for February 2, 2015, per the Clerk's Notice Scheduling Case Management Conference on

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Reassignment (Docket 12), then continued until April 13, 2015 since PS had not yet appeared in

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the action (Docket 24).

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2.

On April 1, 2015, the parties participated in a mediation before court-appointed

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mediator David Bluhm. As a result of the mediation, Plaintiffs and PGC reached a tentative

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settlement of the class action by agreeing to a settlement fund for putative class members as well

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as equitable relief. The parties filed a stipulation and proposed order to continue the April 13,

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2015 Case Management Conference, to allow Plaintiffs and PGC to discuss payment of attorney

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fees and costs to Plaintiffs' counsel if counsel is appointed class counsel and payment of an

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incentive award to the Plaintiffs if they are appointed class representatives, and to allow PGC

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and PS to continue settlement negotiations begun during the mediation. The Court continued the

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April 13, 2015 Case Management Conference to June 15, 2015 (Docket No. 29).

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3.

Plaintiffs and PGC have agreed on a class settlement, and have memorialized all

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key terms in a written Memorandum of Understanding of Settlement ("MOU") which has been

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signed by Plaintiffs and PGC.

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4.

There are a few issues which Plaintiffs and PGC continue to work on.

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Specifically, Plaintiffs and PGC are working to prepare a long-form settlement agreement,

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including the Short-Form Notice to the Settlement Class (and the locations within each store

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where it will be placed), the Full Notice to the Settlement Class and the Claim Form. The MOU

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requires Plaintiffs and PGC to work together and take all steps necessary and appropriate to

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effectuate the settlement, and expressly states as follows:

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Stipulated Order Continuing CMC

Case No. 3:14-cv-04748-TEH

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“Cooperation to Effectuate Settlement.”

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The Parties agree to cooperate and take all steps necessary and appropriate

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to effectuate the settlement. This includes, consistent with the terms of this MOU,

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the Parties' agreement to work together in good faith to prepare and sign a long-

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form settlement agreement, including the Short-Form Notice (and the locations

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within each store where it will be placed), the Full Notice and the Claim Form, all

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of which are to be submitted to the Court in connection with Plaintiffs' motion for

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preliminary approval of the settlement. The Parties shall diligently work together

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to seek preliminary and final court approval of the settlement."

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5.

The MOU also provides that if Plaintiffs and PGC cannot agree on these few

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issues, the MOU shall nonetheless be fully enforceable by the Court and the Court shall resolve

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any such differences:

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“MOU Is Fully Enforceable, and any Disputes Shall Be Decided By
Court.”

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The Parties agree that this MOU shall be fully enforceable by the court.

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To the extent that there is any disagreement in preparing a long-form settlement

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agreement, including the Short-Form Notice (and the locations within each store

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where it will be placed), the Full Notice and the Claim Form, the Parties agree

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that the Court shall resolve any such differences and the Court shall look to and

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use the terms of this MOU in resolving any such differences."

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6.

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approval.

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7.

Thus, the MOU is a fully enforceable class-wide settlement, subject to the Court's

Rule 23(e) of the Federal Rules of Civil Procedure requires the Court's approval

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of all class action settlements. Accordingly, Plaintiffs will file a motion seeking the Court's

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preliminary approval of the class settlement in this case.

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8.

Plaintiffs and PGC continue to work together and they expect that a motion for

preliminary approval of the class action settlement will be filed in approximately sixty (60) days.
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PS is considering filing a motion to sever PGC's cross-claim.
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Stipulated Order Continuing CMC

Case No. 3:14-cv-04748-TEH

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10.

In the interest of efficient case management and minimizing the burden of the

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action on the Court's resources, the parties agree that the Case Management Conference should

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be continued from June 15, 2015 for 75 days in order to permit Plaintiffs to file the motion for

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preliminary approval of the class action settlement and for PS to possibly file a motion to sever.

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Stipulation
11.

Based on the foregoing recitals, the parties stipulate that the Initial Case

Management Conference of June 15, 2015 should be continued for 75 days.
So Stipulated.
Dated: June 8, 2015

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CHANT & COMPANY,
A Professional Law Corporation
By:

/s/ Chant Yedalian
CHANT YEDALIAN
Attorneys for Plaintiffs
RACHEL HOCHSTETLER and CIRENA
TORRES

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Dated: June 8, 2015

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ROSALES LAW PARTNERS LLP
By:

/s/ Robert D. Sanford
ROBERT D. SANFORD
Attorney for Defendant and Cross-Claimant
PACIFIC GATEWAY CONCESSIONS LLC

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Dated: June 8, 2015

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HUDDLESTON & SIPOS LAW GROUP LLP
By:

/s/ Robert A. Huddleston
ROBERT A. HUDDLESTON
Attorney for Cross- Defendant
POINT SOLUTIONS, LLC

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Stipulated Order Continuing CMC

Case No. 3:14-cv-04748-TEH

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ORDER
Pursuant to stipulation, it is so ordered. The Initial Case Management Conference shall

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08/31
occur on _________, 2015 at 1:30 PMin Courtroom 12 on the 19th floor, United States District
_____

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Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102. Not less than seven days

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prior, counsel shall submit a joint case management conference statement, and all other deadlines

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are continued according to the new date of the Initial Case Management Conference.

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Dated: June ___, 2015

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_________________________________
Honorable Thelton E. Henderson
United States District Court Judge

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Stipulated Order Continuing CMC

Case No. 3:14-cv-04748-TEH