Scott et al v. Comcast Cable Communications Management, LLC

Filing 34

STIPULATION AND ORDER re 33 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Regarding Plaintiff Fassler's FLSA Claim and Preserving Comcast's Right to Move to Compel Claims to Arbitration filed by Comcast Cable Communications Management, LLC. Signed by Judge Edward M. Chen on 5/26/17. (bpfS, COURT STAFF) (Filed on 5/26/2017)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 DARYL S. LANDY (SBN 136288) MORGAN, LEWIS & BOCKIUS LLP 600 Anton Boulevard, Suite 1800 Costa Mesa, California 92626-7653 Telephone: 714.830.0600 Facsimile: 714.830.0700 Email: daryl.landy@morganlewis.com JENNIFER SVANFELDT (SBN 233248) MORGAN, LEWIS & BOCKIUS LLP One Market Street, Spear Street Tower San Francisco, California 94105-1126 Telephone: 415.442.1000 Facsimile: 415.442.1001 Email: jennifer.svanfeldt@morganlewis.com Attorneys for Defendant COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC SHAUN SETAREH, State Bar No. 204514 THOMAS SEGAL, State Bar No. 222791 SETAREH LAW GROUP 9454 Wilshire Boulevard, Suite 907 Beverly Hills, California 90212 Telephone: 310.888-7771 Facsimile: 310.888-0109 Attorneys for Plaintiffs ANDRE SCOTT, KEN FASSLER, and ELIJAH MAXWELL-WILSON 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 20 21 c ANDRE SCOTT, an individual; KEN FASSLER, an individual; ELIJAH MAXWELL-WILSON, an individual, and on behalf of themselves, all others similarly situated, 22 23 24 25 Plaintiffs, vs. COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, a Delaware corporation; and DOES 1-50, inclusive, Case No. 3:16-cv-06869-EMC STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFF FASSLER’S FLSA CLAIM AND PRESERVING COMCAST’S RIGHT TO MOVE TO COMPEL CLAIMS TO ARBITRATION Complaint Filed: Trial Date: November 30, 2016 None Set 26 Defendants. 27 28 MORGAN, LEWIS & BOCKIUS LLP ATTORNEYS AT LAW SAN FRANCISCO STIPULATION & [PROPOSED] ORDER Case No. 3:16-CV-06869-EMC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATION Defendant Comcast Cable Communications Management, LLC (“Comcast”) and Plaintiffs Andre Scott, Ken Fassler, and Elijah Maxwell-Wilson (“Plaintiffs”) (collectively, the “Parties”), through their undersigned counsel of record, stipulate that Comcast does not waive its right to move to compel the claims of Plaintiff Ken Fassler and unnamed putative class members to arbitration on a non-class, non-collective basis as follows: WHEREAS, on November 30, 2016, Plaintiffs filed a putative class and collective action complaint in this Court alleging the following causes of action: (1) failure to provide meal periods in violation of California Labor Code Sections 204, 223, 226.7, 512, and 1198; (2) failure to provide rest periods in violation of California Labor Code Sections 204, 223, 226.7, and 1198; (3) failure to pay all minimum and overtime wages in violation of California Labor Code Sections 223, 510, 1194, 1197 and 1198; (4) failure to timely pay all wages due in violation of California Labor Code Sections 201, 202, and 203; (5) unfair business practices in violation of California Business & Professions Code Sections 17200, et seq.; and (6) failure to pay wages for all hours worked under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. Sections 201, et seq.; WHEREAS, on December 16, 2016, Comcast requested that Plaintiff Fassler dismiss his claims asserted on behalf of the putative class and submit his claims on a non-class and noncollective basis to either mediation or arbitration in accordance with Comcast’s alternative dispute resolution program entitled Comcast Solutions, which Comcast contends contains a valid and enforceable agreement to arbitrate on an individual basis; WHEREAS, Comcast further maintains that putative members of the purported class and/or collective actions have also entered into the Comcast Solutions agreements to arbitrate on an individual basis that encompass all of the claims alleged in the First Amended Complaint; WHEREAS, the Parties’ counsel have extensively met and conferred regarding the Comcast Solutions agreements to arbitrate on a non-class and non-collective basis; WHEREAS, on March 2, 2017, the Parties appeared at the initial case management conference, where the Court ordered the Parties to complete private mediation by August 1, 2017; 28 MORGAN, LEWIS & BOCKIUS LLP ATTORNEYS AT LAW SAN FRANCISCO 1 STIPULATION & [PROPOSED] ORDER CASE NO. 3:16-CV-06869-EMC 1 2 3 4 5 6 7 8 WHEREAS, to effectuate a meaningful mediation and in the interest of conserving judicial resources, the Parties agree that Plaintiff Fassler will not litigate or seek discovery regarding the FLSA claim in the Sixth Claim for Relief. The Parties further agree that Comcast will not move to compel Plaintiff Fassler’s claims to arbitration, if at all, until after mediation is complete, and that Comcast may engage in initial discovery of Plaintiff Fassler’s claims, including written discovery and depositions, without waiving its right to seek to compel Plaintiff Fassler’s claims to arbitration after mediation is complete. IT IS SO STIPULATED. 9 10 Dated: May 19, 2017 MORGAN, LEWIS & BOCKIUS LLP 11 By 12 13 Attorneys for Defendant COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC 14 15 /s/ Daryl S. Landy DARYL S. LANDY Dated: May 19, 2017 SETAREH LAW GROUP 16 17 By /s/ Thomas Segal SHAUN SETAREH THOMAS SEGAL 18 19 20 Attorneys for Plaintiffs ANDRE SCOTT, KEN FASSLER, and ELIJAH MAXWELL-WILSON 21 22 23 24 25 26 27 28 MORGAN, LEWIS & BOCKIUS LLP ATTORNEYS AT LAW SAN FRANCISCO 2 STIPULATION & [PROPOSED] ORDER CASE NO. 3:16-CV-06869-EMC 1 2 3 4 5 6 ATTESTATION I, Daryl S. Landy, am the ECF user whose identification and password are being used to file this Stipulation and [Proposed] Order Regarding Plaintiff Fassler’s FLSA Claim and Preserving Comcast’s Right to Move to Compel Arbitration of Claims To Arbitration. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that Thomas Segal concurs in this filing. DATED: May 19, 2017 MORGAN, LEWIS & BOCKIUS LLP 7 8 By /s/ Daryl S. Landy DARYL S. LANDY 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MORGAN, LEWIS & BOCKIUS LLP ATTORNEYS AT LAW SAN FRANCISCO 3 STIPULATION & [PROPOSED] ORDER CASE NO. 3:16-CV-06869-EMC 1 2 [PROPOSED] ORDER For the reasons stated in the Parties’ Stipulation, Plaintiff Ken Fassler will not litigate or 3 seek discovery regarding his Sixth Claim for Relief under the Fair Labor Standards Act 4 (“FLSA”). Comcast will not move to compel Plaintiff Fassler’s claims to arbitration, if at all, 5 until after mediation is complete, and Comcast may engage in initial discovery of Plaintiff 6 Fassler’s claims, including written discovery and depositions, without waiving its right to seek to 7 compel Plaintiff Fassler’s claims to arbitration after mediation is complete. 8 IT IS SO ORDERED. 9 , 2017 S RT 15 dwar Judge E ER H 16 17 en d M. Ch NO 14 D RDERE OO IT IS S R NIA 13 Honorable Edward M. Chen United States District Judge FO UNIT ED 12 RT U O 11 _ S DISTRICT TE C TA LI DATED: 5/26 A 10 N F D IS T IC T O R C 18 19 20 21 22 23 24 25 26 27 28 MORGAN, LEWIS & BOCKIUS LLP ATTORNEYS AT LAW SAN FRANCISCO 4 STIPULATION & [PROPOSED] ORDER CASE NO. 3:16-CV-06869-EMC

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