Gehl et al v. Bloomin' Brands et al

Filing 72

STIPULATION AND ORDER TO ALLOW FILING OF SECOND AMENDED COMPLAINT re 62 STIPULATION WITH PROPOSED ORDER JOINT STIPULATION TO ALLOW FILING OF SECOND AMENDED COMPLAINT; [PROPOSED] ORDER filed by Bloomin' Brands, Inc., Sara Ewart, OS Restaurant Services, LLC, Chris Armenta, Ryan Tyson, T-Bird Nevada, LLC, Shannon Spalding, Bloomin' Brands, Ramon Perez, Alex Burroughs, Trent Broadstreet, Holly Gehl, Jamie Metter, T-Bird Restaurant Group, Inc., OSI Restaurant Partners, LLC, Brittni Zacher. Signed by Magistrate Judge Kandis A. Westmore on 11/7/14. (sisS, COURT STAFF) (Filed on 11/7/2014)

1 DON SPRINGMEYER

[e-mail]

2 BRADLEY SCHRAGER (Admitted Pro Hac Vice)

[e-mail]

3 JUSTIN JONES (State Bar No. 218217)

[e-mail]

4 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP

3556 E. Russell Road, Second Floor

5 Las Vegas, Nevada 89120

Telephone: [phone]
[phone]

6 Facsimile:

7 MATTHEW OSTER (State Bar No. 190541)
[e-mail]
8 ERIC LEVINRAD (State Bar No. 169025)

[e-mail]

9 JOSHUA A. SHAPIRO (State Bar No. 229741)

[e-mail]

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

11400 West Olympic Boulevard, 9 Floor

11 Los Angeles, California 90064-1582

Telephone: [phone]
[phone]

12 Facsimile:

13 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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HOLLY GEHL, et al others similarly
situated,
Plaintiffs,
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[Judge Kandis A. Westmore]

vs.

21 BLOOMIN’ BRANDS, INC., et al.,
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Case No. 4:13-cv-05961-KAW

Defendants

JOINT STIPULATION TO ALLOW
FILING OF SECOND AMENDED
COMPLAINT; [PROPOSED] ORDER

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4:13-cv-05961-KAW
JOINT STIPULATION AND [PROPOSED] ORDER ALLOWING FILING OF SECOND AMENDED COMPLAINT

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

2 hereby stipulate and agree as follows:
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WHEREAS, this action is a putative class action brought by the named

4 plaintiffs on behalf of themselves and all current and former hourly, non-exempt
5 employees employed by defendants at an “Outback Steakhouse” Restaurant in
6 California, at any time during the statutory time period;
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WHEREAS, as a result of discovery and investigation undertaken since the

8 First Amended Complaint was filed, Plaintiffs contend that they have identified new
9 plaintiffs who wish to join this action as named plaintiffs and facts supporting the
10 assertion of additional claims not previously asserted
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WHEREAS, plaintiffs therefore desire to amend the operative first amended

12 complaint to add new named plaintiffs and/or new claims, as set forth in the
13 proposed Second Amended Complaint attached as Exhibit A;
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WHEREAS, Plaintiff’s counsel has filed a motion requesting leave to

15 withdraw as counsel of record for named Plaintiff Shannon Spalding (“Spalding”),
16 requesting that Spalding be withdrawn as a named Plaintiff, with prejudice to Ms.
17 Spalding acting as a named Plaintiff and with prejudice to any claims against the
18 Bloomin’ Defendants, and requesting that named Plaintiff Brittni Zacher (“Zacher”)
19 be withdrawn as a named Plaintiff;
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WHEREAS, the hearing on the above-referenced motion related to Spalding

21 and Zacher has been set for hearing on November 6, 2014;
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WHEREAS, the Court has issued an Order to Show Cause addressed to

23 Spalding and Zacher requiring that Spalding show cause by October 31, 2014 why
24 Plaintiff’s counsel should not be permitted to withdraw as her counsel of record,
25 requiring Spalding to submit a declaration regarding her desire to remain a named
26 Plaintiff, and requiring Zacher to submit a declaration confirming that she does not
27 wish to participate in this action as a named Plaintiff;
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1770498.1

4:13-cv-05961-KAW
-2JOINT STIPULATION AND [PROPOSED] ORDER ALLOWING FILING OF SECOND AMENDED COMPLAINT

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WHEREAS, Defendants are agreeable to Plaintiffs amending their complaint

2 upon resolution by the Court of the above-referenced Motion related to Zacher and
3 Spalding;
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WHEREAS, the parties agree that if the Court orders that Zacher and

5 Spalding should be dismissed as named Plaintiffs with prejudice, the attached
6 Second Amended Complaint shall be deemed filed and served as of the date of such
7 ruling; and
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WHEREAS, the parties agree that if the Court rules that Spalding and Zacher

9 should not be withdrawn as named Plaintiffs, Plaintiffs shall promptly revise the
10 attached Second Amended Complaint to reflect such ruling and counsel shall
11 promptly meet and confer regarding the preparation of a stipulation for such revised
12 Second Amended Complaint to be filed.
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THEREFORE, IN LIGHT OF THE FOREGOING, THE PARTIES HEREBY

14 STIPULATE AND AGREE THAT:
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1.

If the Court rules that Zacher and Spalding shall be withdrawn as

16 named Plaintiffs as requested by Plaintiffs’ Motion to Withdraw (DKT # 53), the
17 Second Amended Complaint attached as Exhibit A shall be deemed filed and served
18 as of the date that the Court issues such a ruling; and
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2.

If the Court rules that Zacher and/or or Spalding should not be

20 withdrawn as named Plaintiffs, Plaintiffs shall promptly revise the attached Second
21 Amended Complaint to reflect such ruling and counsel shall promptly meet and
22 confer regarding the preparation of a stipulation for such revised Second Amended
23 Complaint to be filed.
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1770498.1

4:13-cv-05961-KAW
-3JOINT STIPULATION AND [PROPOSED] ORDER ALLOWING FILING OF SECOND AMENDED COMPLAINT

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IT IS SO STIPULATED

2 DATED: October 17, 2014
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WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP

By:

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/s/ Eric Levinrad
ERIC LEVINRAD
Attorneys for Attorneys for Plaintiffs

7 DATED: October 17, 2014

LATHROP & GAGE, LLP

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By:

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

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DATED: October 17, 2014

GIBSON, DUNN & CRUTCHER LLP

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By:

/s/ Sara Zenewicz
SARAH ZENEWICZ
Attorneys for Defendants BLOOMIN’ BRANDS,
INC.; OSI RESTAUANT PARTNERS, LLC; and
OS RESTAURANT SERVICES, LLC

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1770498.1

4:13-cv-05961-KAW
-4JOINT STIPULATION AND [PROPOSED] ORDER ALLOWING FILING OF SECOND AMENDED COMPLAINT

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ORDER

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In light of the stipulation by and between plaintiffs and defendants and for

3 good cause shown, IT IS HEREBY ORDERED THAT:
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1.

If the Court rules that Zacher and Spalding shall be withdrawn as

5 named Plaintiffs, the Second Amended Complaint attached as Exhibit A shall be
6 deemed filed and served as of the date that the Court issues such a ruling; and
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2.

If the Court rules that Zacher and/or or Spalding should not be

8 withdrawn as named Plaintiffs, Plaintiffs shall promptly revise the attached Second
9 Amended Complaint to reflect such ruling and counsel shall promptly meet and
10 confer regarding the preparation of a stipulation for such revised Second Amended
11 Complaint to be filed.
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11/7/14
13 Dated:__________________

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_____________________________________

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HON. KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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1770498.1

4:13-cv-05961-KAW
-5JOINT STIPULATION AND [PROPOSED] ORDER ALLOWING FILING OF SECOND AMENDED COMPLAINT