Scott et al v. Comcast Cable Communications Management, LLC

Filing 34

STIPULATION AND ORDER re #33 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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DARYL S. LANDY (SBN 136288)
MORGAN, LEWIS & BOCKIUS LLP
600 Anton Boulevard, Suite 1800
Costa Mesa, California 92626-7653
Telephone: [phone]
Facsimile: 714.830.0700
Email: [e-mail]
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: [e-mail]
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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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c
ANDRE SCOTT, an individual; KEN
FASSLER, an individual; ELIJAH
MAXWELL-WILSON, an individual, and on
behalf of themselves, all others similarly
situated,

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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

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Defendants.
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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION & [PROPOSED] ORDER
Case No. 3:16-CV-06869-EMC

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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;

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION & [PROPOSED] ORDER
CASE NO. 3:16-CV-06869-EMC

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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.

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Dated: May 19, 2017

MORGAN, LEWIS & BOCKIUS LLP

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By

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Attorneys for Defendant
COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC

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/s/ Daryl S. Landy
DARYL S. LANDY

Dated: May 19, 2017

SETAREH LAW GROUP

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By

/s/ Thomas Segal
SHAUN SETAREH
THOMAS SEGAL

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Attorneys for Plaintiffs
ANDRE SCOTT, KEN FASSLER, and ELIJAH
MAXWELL-WILSON

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION & [PROPOSED] ORDER
CASE NO. 3:16-CV-06869-EMC

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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

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By

/s/ Daryl S. Landy
DARYL S. LANDY

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION & [PROPOSED] ORDER
CASE NO. 3:16-CV-06869-EMC

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[PROPOSED] ORDER
For the reasons stated in the Parties’ Stipulation, Plaintiff Ken Fassler will not litigate or

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seek discovery regarding his Sixth Claim for Relief under the Fair Labor Standards Act

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(“FLSA”). Comcast will not move to compel Plaintiff Fassler’s claims to arbitration, if at all,

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until after mediation is complete, and Comcast may engage in initial discovery of Plaintiff

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Fassler’s claims, including written discovery and depositions, without waiving its right to seek to

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compel Plaintiff Fassler’s claims to arbitration after mediation is complete.

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IT IS SO ORDERED.

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, 2017

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Judge E

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IT IS S

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Honorable Edward M. Chen
United States District Judge

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UNIT
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DATED:

5/26

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION & [PROPOSED] ORDER
CASE NO. 3:16-CV-06869-EMC