Malone v. KAG WEST, LLC

Filing 24

JOINT STIPULATION AND ORDER [*AS MODIFIED BY THE COURT*] TO REMAND CONSOLIDATED ACTION TO ALAMEDA SUPERIOR COURT AND VACATING COMPLIANCE HEARING. This consolidated action is ordered remanded back to Alameda County Superior Court under the docket Patrick Malone v KAG West, LLC, Case No. RG15784137. Signed by Judge Yvonne Gonzalez Rogers on 7/17/18. (fs, COURT STAFF) (Filed on 7/17/2018)

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ALEXANDER KRAKOW + GLICK LLP
Michael S. Morrison (State Bar No. 205320)
401 Wilshire Boulevard, Suite 1000
Santa Monica, California 90401
T: 310 394 0888 | F: 310 394 0811
E: [e-mail]

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Attorneys for Plaintiff and Respondent PATRICK
MALONE
(Additional Counsel Listed on Following Page)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KAG WEST, LLC, a California
limited liability company; THE
KENAN ADVANTAGE GROUP,
INC., a Delaware corporation,
Petitioners,

Case No. 4:15-cv-03827-YGR
Case No. 4:15-cv-04262-YGR
(Assigned to the Hon. Yvonne Gonzalez
Rogers)

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v.
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PATRICK MALONE, an individual,
Respondent.

JOINT STIPULATION AND
[PROPOSED] ORDER TO REMAND
ACTION TO ALAMEDA COUNTY
SUPERIOR COURT; VACATING
COMPLIANCE HEARING
*as modified by the Court*

PATRICK MALONE, an individual,
on behalf of himself, all others
similarly situated, and the general
public,
Plaintiff,

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v.
KAG WEST, LLC, a California
limited liability company,
Defendant.

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-iJOINT STIPULATION AND [PROPOSED] ORDER TO REMAND ACTION TO ALAMEDA COUNTY SUPERIOR COURT
Case No. 4:15-cv-03827-YGR
Case No. 4:15-cv-04262-YGR

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LAW OFFICES OF THOMAS W. FALVEY
THOMAS W. FALVEY, SBN 65744
MICHAEL H. BOYAMIAN, SBN 256107
ARMAND R. KIZIRIAN, SBN 293992
550 N. Brand Blvd., Suite 1500
Glendale, California 91203
T: [phone] | F: [phone]
Attorneys for Respondent and Plaintiff PATRICK
MALONE
BRIAN L. JOHNSRUD, State Bar No. 184474
VICTORIA R. CARRADERO, State Bar No. 217885
STEPHEN N. YANG, State Bar No. 142474
CURLEY, HURTGEN & JOHNSRUD LLP
4400 Bohannon Drive, Suite 230
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: 650.323.1002
E-mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants and Petitioners KAG
WEST, LLC and THE KENAN ADVANTAGE
GROUP, INC.

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- ii JOINT STIPULATION AND [PROPOSED] ORDER TO REMAND ACTION TO ALAMEDA COUNTY SUPERIOR COURT
Case No. 4:15-cv-03827-YGR
Case No. 4:15-cv-04262-YGR

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This Joint Stipulation to Remand Action to Alameda County Superior Court

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is made and entered into by and between Plaintiff and Respondent Patrick Malone,

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individually and on behalf of the general public, and Defendants and Petitioners

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KAG West, LLC and The Kenan Advantage Group, Inc. (“Defendants-Petitioners”)

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(the “Parties”).

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WHEREAS, the action of KAG West, LLC, et al. v. Patrick Malone,

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Northern District of California Case No. 4:15-cv-03827-YGR was initiated by

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Defendants-Petitioners on August 21, 2015 in the form of a Petition to Compel

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Arbitration against Plaintiff-Respondent Patrick Malone for the various wage and

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hour claims he had asserted in correspondence dated July 22, 2015 (“District Court

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Action”);

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WHEREAS, the alleged putative wage and hour class action and Private

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Attorney General Act (“PAGA”) action of Patrick Malone v. KAG West, LLC,

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Alameda County Superior Court Case No. RG15784137 was filed by Plaintiff-

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Respondent in California Superior Court on September 1, 2015 (“California

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Superior Court Action”);

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WHEREAS, Defendants-Petitioners removed the California Superior Court

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Action to the Northern District of California on September 18, 2015 (“Removed

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California Superior Court Action”);

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WHEREAS, District Court Judge Thelton E. Henderson (Ret.) granted

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Defendants-Petitioners’ Petition to Compel Arbitration in the District Court Action

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on November 3, 2015, correspondingly stayed Plaintiff Malone’s PAGA

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representative claims and consolidated the District Court Action and the Removed

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California Superior Court Action -;

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WHEREAS, Plaintiff and Respondent Malone’s putative class claims were
subsequently dismissed by a JAMS arbitrator;
WHEREAS, in addition to the consolidated action in federal court for claims
brought forth by Mr. Malone, a representative PAGA suit initiated by an individual
-1JOINT STIPULATION AND [PROPOSED] ORDER TO REMAND ACTION TO ALAMEDA COUNTY SUPERIOR COURT
Case No. 4:15-cv-03827-YGR
Case No. 4:15-cv-04262-YGR

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named James Souza remains pending in Alameda County Superior Court under the

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title of James Souza v. KAG West, LLC, Case No. RG16814354. Mr. Souza is

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represented by the same counsel of record in this action;

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WHEREAS, the Souza v. KAG West action, as a PAGA only action, could

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not be removed to the Northern District of California from Alameda County

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Superior Court as currently pled and remains pending there;

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WHEREAS, the Parties in this consolidated action, along with Plaintiff

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James Souza in James Souza v. KAG West, LLC, Case No. RG16814354, have

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reached a global settlement of their wage and hour claims against Defendants-

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Petitioners that is subject to court review and approval;
WHEREAS, this global settlement, if approved, would resolve all claims

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alleged in this consolidated action, in Malone’s individual action pending in

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arbitration before JAMS, and in the Alameda County Superior Court Souza PAGA

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action;

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WHEREAS, the Parties believe it would be most efficient to have a single
court consider their global settlement;
WHEREAS, it is in the interests of judicial economy to have a single court
consider the global settlement reached by the Parties;
WHEREAS, the present consolidated federal court action could be

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remanded from the Northern District of California back to state court based on the

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original filing of the Malone v. KAG West California Superior Court Action in

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Alameda County Superior Court;

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IT IS THEREFORE AGREED BETWEEN THE PARTIES BY AND
THROUGH THEIR COUNSEL OF RECORD THAT:
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For the sole purpose of facilitating state court review and potential

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approval of the Parties’ global settlement of all disputed claims between the Parties,

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this consolidated action shall be remanded back to Alameda County Superior Court

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under the docket Patrick Malone v. KAG West, LLC, Case No. RG15784137.
-2JOINT STIPULATION AND [PROPOSED] ORDER TO REMAND ACTION TO ALAMEDA COUNTY SUPERIOR COURT
Case No. 4:15-cv-03827-YGR
Case No. 4:15-cv-04262-YGR

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IT IS SO STIPULATED.

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Dated:

July 17, 2018

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LAW OFFICES OF THOMAS W.
FALVEY
ALEXANDER KRAKOW + GLICK, LLP

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By: s/Michael Morrison
Thomas W. Falvey
Michael H. Boyamian
Armand R. Kizirian
Michael S. Morrison
Attorney for Respondent
PATRICK MALONE

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Dated:

July 17, 2018

CURLEY HESSINGER & JOHNSRUD
LLP

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By: s/ Stephen Yang
Brian Lee Johnsrud
Victoria R. Carradero
Stephen Yang
Attorney for Petitioners
KAG WEST, LLC and THE KENAN
ADVANTAGE GROUP

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-3JOINT STIPULATION AND [PROPOSED] ORDER TO REMAND ACTION TO ALAMEDA COUNTY SUPERIOR COURT
Case No. 4:15-cv-03827-YGR
Case No. 4:15-cv-04262-YGR

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[PROPOSED] ORDER

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Having reviewed the Parties’ Joint Stipulation to Remand Action to Alameda
County Superior Court, and good cause appearing, the Court hereby rules as
follows:
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This consolidated action is ORDERED remanded back to Alameda

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County Superior Court under the docket Patrick Malone v. KAG West, LLC, Case

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No. RG15784137.

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2.

The compliance hearing set for July 20, 2018 is hereby VACATED.

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The Clerk shall close the file.

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Dated: July 17, 2018
By:

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Hon. Yvonne Gonzalez Rogers
United States District Court Judge
Northern District of California

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JOINT STIPULATION AND [PROPOSED] ORDER TO REMAND ACTION TO ALAMEDA COUNTY SUPERIOR COURT
Case No. 4:15-cv-03827-YGR
Case No. 4:15-cv-04262-YGR