Johnson et al v. Compass Group, USA, Inc.

Filing 16

STIPULATION AND ORDER TO CONTINUE CMC re #15 . STIPULATION WITH PROPOSED ORDER [Joint Stipulation and [Proposed] Order Requesting Continuance of Case Management Conference] filed by Maisha Grochowski, Gerald Johnson, Compass Group, USA, Inc., Hector Portillo, Steven Aguilar. Case Management Statement due by 10/24/2017. Initial Case Management Conference set for 10/31/2017 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 9/13/17. (sisS, COURT STAFF) (Filed on 9/13/2017)

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KAPLAN FOX & KILSHEIMER LLP
Laurence D. King (SBN 206423)
Linda M. Fong (SBN 124232)
Matthew B. George (SBN 239322)
Mario M. Choi (SBN 243409)
350 Sansome Street, Suite 400
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415-772-4707
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Counsel for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERALD JOHNSON, MAISHA
GROCHOWSKI, STEVEN AGUILAR, and
HECTOR PORTILLO, Individually and On
Behalf of All Others Similarly Situated,
Plaintiffs,

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v.

Case No. 4:17-cv-03543-KAW
CLASS ACTION
JOINT STIPULATION AND
[PROPOSED] ORDER REQUESTING
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE

COMPASS GROUP, USA, INC.,
Defendant.

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Case No. 4:17-cv-03543-KAW

JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING CONTINUANCE OF CMC

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Plaintiffs Gerald Johnson, Maisha Grochowski, Steven Aguilar, and Hector Portillo, and

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Defendant Compass Group, Inc., by and through undersigned counsel, stipulate to and jointly

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request a brief continuance of the Case Management Conference currently scheduled for

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September 19, 2019 at 1:30 p.m. The parties respectfully request that the hearing be continued

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from September 19, 2017 to October 31, 2017 at 1:30 p.m., or the next date thereafter available

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on the Court’s calendar in order to permit Plaintiffs time to determine how to proceed in a

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pending class action settlement in a related action that could extinguish their claims in this case.

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Procedural History and Prior Extensions.

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Plaintiffs are former employees of Defendant who filed this action on June 20, 2017 (ECF

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No. 1) as a putative class action alleging various violations of the California Labor Code,

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including the failure to provide meal and rest breaks and pay minimum wages and overtime.

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Plaintiffs’ Complaint was served on June 26, 2017. Shortly thereafter counsel for Defendant

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alerted Plaintiffs to a related case pending in the Superior Court of Riverside County, California,

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Romero, et al., v. Compass Group, USA, Inc., Case No. CIVDS1512026 (the “Romero Action”).

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ECF No. 7.

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A class action settlement was preliminarily approved in the Romero Action after

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Plaintiffs’ Complaint was filed in which Plaintiffs are all putative class members. Plaintiffs have

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since received their class notices and are determining how to proceed with respect to the

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settlement, which will greatly impact how this case would proceed (if at all) in terms of

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scheduling, discovery, and motion practice. Plaintiffs have until September 21, 2017, to accept

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the settlement in the Romero Action and a final approval hearing is set for October 3, 2017.

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Accordingly, in order to preserve the Parties’ and the Court’s resources, the Parties respectfully

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request that the Court put this matter over until October 31, 2017, or date thereafter, so that if

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Plaintiffs’ claims are resolved in whole or in part by the settlement in the Romero Action they can

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either dismiss their claims in this matter or come back to the Court with a better proposal for

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discovery, motion practice, and scheduling that would reflect the scope of the case at that point.

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///

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///
-1Case No. 4:17-cv-03543-KAW
JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING CONTINUANCE OF CMC

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The Parties have not previously requested any continuances or extensions in this matter
and this request does not impact any other deadlines in the case.

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Respectfully submitted,

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DATED: September 12, 2017

By:

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/s/ Matthew B. George
Matthew B. George (SBN 239322)

Laurence D. King (SBN 206423)
Linda M. Fong (SBN 124232)
Matthew B. George (SBN 239322)
Mario M. Choi (SBN 243409)
350 Sansome Street, Suite 400
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415-772-4707
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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LAW OFFICES OF GENNARO DU TERROIL
Gennaro Du Terroil (pro hac vice application to be filed)
18756 Stone Oak Pkwy Suite 200
San Antonio, Texas 78258
Telephone: [phone]
Facsimile: 210-495-4670
[e-mail]

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Counsel for Plaintiffs

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KAPLAN FOX & KILSHEIMER LLP

Dated: September 11, 2017

FISHER & PHILLIPS LLP

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By: /s/ Lonnie D. Giamela

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Lonnie D. Giamela (SBN 228435)
Fisher & Phillips LLP
444 S. Flower Street, Suite 1550
Los Angeles, California 90071
[e-mail]

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Counsel for Defendant Compass Group, Inc.

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-2Case No. 4:17-cv-03543-KAW
JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING CONTINUANCE OF CMC

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ORDER

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED:

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The case management conference is continued from September 19, 2017 to October 31,

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2017, at 1:30 p.m. or ________________________________. The Parties shall file their initial

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case management conference statement no later than seven (7) calendar days before the case

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management conference.

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9/13/17
Dated: ____________________

_________________________________________
Magistrate Judge Kandis A. Westmore
United States District Judge

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-3Case No. 4:17-cv-03543-KAW
JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING CONTINUANCE OF CMC