Garcia v. HMS Host, USA, Inc.

Filing 29

STIPULATION AND ORDER RE 28 continuing class certification briefing schedule. Signed by Judge Richard Seeborg on 3/9/18. (cl, COURT STAFF) (Filed on 3/12/2018)

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1 2 3 Matthew R. Bainer, SBN 220972 THE BAINER LAW FIRM 1901 Harrison St., Suite 1100 Oakland, California 94612 Telephone: 510.922.1802 Facsimile: 510.844.7701 4 Attorneys for Plaintiff JOSHUA GARCIA 5 6 7 8 9 10 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S 11 12 Margaret Rosenthal, SBN 147501 Shareef S. Farag, SBN 251650 Nicholas D. Poper, SBN 293900 BAKER & HOSTETLER LLP 11601 Wilshire Boulevard, Suite 1400 Los Angeles, CA 90025-0509 Telephone: 310.820.8800 Facsimile: 310.820.8859 Email: mrosenthal@bakerlaw.com sfarag@bakerlaw.com npoper@bakerlaw.com Attorneys for HOST INTERNATIONAL, INC. 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 17 JOSHUA GARCIA, individually, and on behalf of other members of the general public similarly situated, and as aggrieved employees pursuant to the Private Attorneys General Act (“PAGA”), 18 19 20 21 22 Plaintiff, Case No.: 3:17-cv-03069-RS [Hon. Richard Seeborg, Crtm. 3] STIPULATION AND [PROPOSED] ORDER TO CONTINUE CLASS CERTIFICATION BRIEFING SCHEDULE v. HMS HOST, USA, INC., a Delaware Corporation; and DOES 1 through 100, inclusive, Action Removed: May 26, 2017 Action Filed: April 25, 2017 FAC Filed: January 29, 2018 Defendants. 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CLASS CERTIFICATION BRIEFING SCHEDULE CASE NO.: 3:17-cv-03069-RS 1 Pursuant to Civil L.R. 6-1 and 6-2, Joshua Garcia (“Plaintiff”) and Host International, Inc. 2 (“Defendant”) (collectively “Parties”), through their respective counsel of record, and subject to 3 the approval of the Court, hereby stipulate to continue the current briefing schedule for class 4 certification based on the following good cause: 5 On September 28, 2017, the Court issued a Case Management Scheduling Order, which 6 set the hearing on Plaintiff’s motion for class certification for August 23, 2018 and ordered that 7 Plaintiff shall file his motion for class certification on or before May 30, 2018, Defendant shall 8 file its opposition on or before July 16, 2018, and Plaintiff shall file his reply on or before August 9 6, 2018 [Dkt. 20]; Since then, three other plaintiffs have filed class action complaints against Defendant, 11 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S 10 seeking to assert substantially similar claims to the claims in this action. The cases are: Kelly 12 Smith v. Host International, Inc., Eastern District of California Case No. 1:17-cv-01487-DAD- 13 MJS; Jennifer Wilson v. Host International, Inc., HMS Host USA, Inc., and HMS Host Family 14 Restaurants, Inc., Central District of California Case No. 2:18-cv-00916-RS; and Sera Garcia v. 15 Host International, Inc. and HMS Host USA, Inc., Southern District of California Case No. 3:18- 16 cv-00173-CPC (BLM); 17 18 19 20 21 22 23 In each of the other three actions, Defendant has filed a motion to dismiss, stay, or alternatively, transfer the action to the Northern District to be consolidated with this action; The Parties in this action have agreed to have participate in private mediation on March 15, 2018, with respected wage and hour mediator David Rotman; The Parties informally agreed to postpone further written discovery and depositions to focus their time and resources towards resolving this matter at mediation; The requested continuance is made in good faith and will not cause undue prejudice. The 24 Parties have been diligently engaged in formal and informal discovery. The Parties believe that 25 the requested continuance will allow the Parties to focus their time and efforts on resolving this 26 case at mediation or through post-mediation settlement discussions. Further, the requested 27 continuance will allow the parties more time to resolve the issues relating to the other three 28 actions. -2STIPULATION AND [PROPOSED] ORDER TO CONTINUE CLASS CERTIFICATION BRIEFING SCHEDULE CASE NO.: 3:17-cv-03069-RS 1 2 3 Other than the above class certification briefing schedule, the stipulated continuance will not alter the date of any other event or deadline already fixed by the Court; NOW THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through 4 their respective counsel, that the class certification briefing scheduling set forth in the Court’s 5 Case Management Scheduling Order dated September 28, 2017 be continued as follows: 6 8 Plaintiff’s motion for class certification July 26, 2018 Defendant’s opposition to class certification September 10, 2018 Plaintiff’s reply brief re: class certification October 1, 2018 Hearing on class certification 7 October 18, 2018 9 10 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S 11 12 Dated: March 7, 2018 Respectfully submitted, BAKER & HOSTETLER LLP 13 14 By: 15 16 /s/ Shareef Farag Margaret Rosenthal Shareef Farag Nicholas D. Poper Attorneys for HOST INTERNATIONAL, INC. 17 18 19 Dated: March 7, 2018 THE BAINER LAW FIRM 20 By: 21 /s/ Matthew R. Bainer Matthew R. Bainer Attorneys for Plaintiff JOSHUA GARCIA 22 23 I, Matthew R. Bainer, attest that all other signatures listed, and on whose behalf the filing 24 is submitted, concur in the filing’s contents and have authorized the filing. 25 26 27 28 -3STIPULATION AND [PROPOSED] ORDER TO CONTINUE CLASS CERTIFICATION HEARING AND RELATED DEADLINES CASE NO.: 3:17-cv-03069-RS 4812-5587-5678.3 1 2 [PROPOSED] ORDER Pursuant to the Stipulation of Plaintiff Joshua Garcia and Defendant Host International, Inc. 3 filed on March 7, 2018, and GOOD CAUSE APPEARING THEREFORE, it is hereby ordered: 4 Therefore, the Class Certification hearing is continued from August 23, 2018 to 5 6 7 8 9 10 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S 11 __________________________ at 1:30 p.m; October 25, 2018 Plaintiff’s deadline to file his motion for class certification is continued from May 30, July 26, 2018 2018 to _________________________________; Defendant’s opposition to class certification is continued from July 16, 2018 to September 10, 2018 _________________________________; and Plaintiff’s reply, if any, to defendant’s opposition is continued from August 6, 2018 to October 1, 2018 _________________________________. 12 13 14 IT IS SO ORDERED. 15 16 3/9/18 DATED: ________________________ _____________________________________ Hon. Richard Seeborg United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 -4- STIPULATION AND [PROPOSED] ORDER TO CONTINUE CLASS CERTIFICATION HEARING AND RELATED DEADLINES CASE NO.: 3:17-cv-03069-RS 4812-5587-5678.3

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