Gehl et al v. Bloomin' Brands et al

Filing 141

ORDER setting hearing on the parties' 140 Joint MOTION for Hearing on Data Issues Re Class Action Settlement. Motion Hearing set for 12/17/2015 11:00 AM before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 11/20/2015. (kawlc1, COURT STAFF) (Filed on 11/20/2015)

1 DON SPRINGMEYER
[e-mail]
2 BRADLEY S. SCHRAGER (Admitted Pro Hac Vice)
[e-mail]
3 JUSTIN JONES (SBN 218217)
[e-mail]
4 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
3556 E. Russell Road, Second Floor
5 Las Vegas, Nevada 89120
Telephone: [phone]
6 Facsimile: [phone]
7 MATTHEW OSTER (SBN 190541)

[e-mail]

8 ERIC LEVINRAD (SBN 169025)

[e-mail]

9 RICARDO ROZEN (SBN 279151)

[e-mail]

10 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
th

11400 West Olympic Boulevard, 9 Floor

11 Los Angeles, California 90064-1582

Telephone: [phone]/Fax: [phone]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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18 HOLLY GEHL; CHRIS ARMENTA;

et al. each on behalf of himself/herself,
19 and on behalf of all others similarly
situated,
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Plaintiffs,
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vs.
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Case No. 4:13-cv-05961-KAW
[Judge Kandis A. Westmore]
JOINT MOTION FOR HEARING
ON DATA ISSUES RE CLASS
ACTION SETTLEMENT

T-BIRD RESTAURANT GROUP,

23 INC., a California corporation; T-BIRD

NEVADA, LLC, a Nevada Limited
24 Liability Company; and DOES 1
through 100, Inclusive,

Trial Date: None

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Defendants.
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4:13-cv-05961-KAW
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JOINT MOTION FOR HEARING ON DATA ISSUES RE CLASS ACTION SETTLEMENT

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The parties to the above-captioned action, through their attorneys of record,

2 hereby respectfully request a hearing with the Court to discuss newly discovered
3 data issues as follows:
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WHEREAS, the parties entered into a settlement following mediation on May

5 5, 2015 where the number of class members was believed to be close to 10,000
6 current and former hourly employees based upon Defendant’s February 2015
7 research into its payroll records;

WHEREAS, Plaintiffs’ Motion for Preliminary Approval of Settlement, in

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9 which defendants joined, was heard on August 20, 2015;

WHEREAS, on August 24, 2015, following the hearing on Plaintiffs’ Motion

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11 for Preliminary Approval of Settlement, the Parties filed a joint supplemental
12 submission regarding notice to class members of settlement and claims procedures
13 (Dkt. No. 132), and a revised [Proposed] Order Granting Preliminary Approval of
14 Class Action Settlement (Dkt. No. 134);
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WHEREAS, on September 28, 2015, the Court issued an Order Granting

16 Preliminary Approval of Class Action Settlement (Dkt. No. 135);
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WHEREAS, pursuant to the Order Granting Preliminary Approval of Class

18 Action Settlement (Dkt. No. 135), defendant T-Bird Restaurant Group, Inc. again
19 researched its payroll system to obtain the information required by the Court’s Order
20 (Dkt. No. 135, ¶8.d. ( name, address, telephone number, social security number,
21 locations worked, dates of employment) and transmitted that information to the
22 Third Party Administrator (“TPA”) on November 2, 2015. Thereafter, the Third
23 Party Administrator worked to prepare the data for mailing the claims forms (due to
24 be mailed on November 17, 2015 under the terms of the Court’s Order (Dkt. No.
25 135)). On November 11, 2015, the TPA transmitted a final spreadsheet that
26 indicated 13,361 Class Members. This number appears to include 1193 Class
27 Members who began working for defendant between February 2015 when defendant
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JOINT MOTION FOR HEARING ON DATA ISSUES RE CLASS ACTION SETTLEMENT

1 formerly researched the potential number of class members, and September 28,
2 2015, the cutoff date for determining Class Membership. The 13,361 Class Member
3 list also appears to include 2854 individuals who were employed by defendant
4 between November 2009 and February 2015 but whom were not on the list of
5 potential class members pulled by defendant in February 2015. Those individuals
6 were former employees who had been coded as “purged” from the payroll system
7 and were inadvertently excluded from the report pulled in February 2015;

WHEREAS, the plaintiffs’ counsel and defendant’s counsel are meeting and

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9 conferring in an attempt to determine the best course of action;
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WHEREAS, the parties believe that the situation should be brought to the

11 Court’s attention so as to ensure that the Court’s preliminary determination as to the
12 reasonableness of the class action settlement remains satisfied;

WHEREAS, the parties request a hearing at the Court’s earliest convenience

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14 to present this matter to the Court; and
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WHEREAS, the parties request that the Court temporarily suspend all future

16 action dates set forth in the Order Granting Preliminary Approval of Class Action
17 Settlement (Dkt. No. 135) to prevent any potential Class Notice mailings claims
18 processes that may be revised by the Court at the requested hearing.
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THEREFORE, IN LIGHT OF THE FOREGOING, THE PARTIES HEREBY

21 JOINTLY REQUEST:

That the Court set a hearing at the Court’s earliest convenience to present the

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23 matter concerning the data issues that came to light on November 11, 2015, and
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That the Court temporarily suspend all future action dates set forth in the

25 Order Granting Preliminary Approval of Class Action Settlement (Dkt. No. 135)
26 pending the Court’s requested hearing on the data matter.
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JOINT MOTION FOR HEARING ON DATA ISSUES RE CLASS ACTION SETTLEMENT

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IT IS SO STIPULATED.

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3 DATED: November 20, 2015
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WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP

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By:

/s/ Eric Levinrad
ERIC LEVINRAD
Attorneys for Plaintiffs

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9 DATED: November 20, 2015

LATHROP & GAGE, LLP

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By:

/s/ Allison Wallin
BETH SCHROEDER
LAUREN KATUNICH
ALLISON WALLIN (Admitted Pro Hac Vice)
Attorneys for T-BIRD RESTAURANT GROUP,
INC. and T-BIRD NEVADA, LLC

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[PROPOSED] ORDER

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WHEREFORE upon consideration of the parties’ Joint Motion for Hearing

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on Data Issues re Class Action Settlement, IT IS HEREBY ORDERED that a

5 Hearing on the Data Issues is set for December 17, 2015 at 11:00 AM. On or
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before December 7, 2015, the parties shall submit a joint brief outlining how, if at

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all, the newly discovered potential class members impact the Court’s prior

9 determination granting preliminary approval of the class action settlement (Dkt. No.
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135). Additionally, the parties shall provide new proposed future action dates, as

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12 well as a proposed order setting new action dates.
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It is further ORDERED that all future action dates set forth in the Order
Granting Preliminary Approval of Class Action Settlement (Dkt. No. 135) are

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16 HEREBY SUSPENDED pending the Hearing on the Data Issues as set forth above.
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IT IS SO ORDERED.

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Dated: November 20, 2015

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KANDIS A. WESTMORE
United States Magistrate Judge

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