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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7 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: 415-772-4700 Facsimile: 415-772-4707 lking@kaplanfox.com lfong@kaplanfox.com mgeorge@kaplanfox.com mchoi@kaplanfox.com 8 Counsel for Plaintiffs 1 2 3 4 5 6 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 GERALD JOHNSON, MAISHA GROCHOWSKI, STEVEN AGUILAR, and HECTOR PORTILLO, Individually and On Behalf of All Others Similarly Situated, Plaintiffs, 16 17 18 19 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. 20 21 22 23 24 25 26 27 28 Case No. 4:17-cv-03543-KAW JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING CONTINUANCE OF CMC 1 Plaintiffs Gerald Johnson, Maisha Grochowski, Steven Aguilar, and Hector Portillo, and 2 Defendant Compass Group, Inc., by and through undersigned counsel, stipulate to and jointly 3 request a brief continuance of the Case Management Conference currently scheduled for 4 September 19, 2019 at 1:30 p.m. The parties respectfully request that the hearing be continued 5 from September 19, 2017 to October 31, 2017 at 1:30 p.m., or the next date thereafter available 6 on the Court’s calendar in order to permit Plaintiffs time to determine how to proceed in a 7 pending class action settlement in a related action that could extinguish their claims in this case. 8 Procedural History and Prior Extensions. 9 Plaintiffs are former employees of Defendant who filed this action on June 20, 2017 (ECF 10 No. 1) as a putative class action alleging various violations of the California Labor Code, 11 including the failure to provide meal and rest breaks and pay minimum wages and overtime. 12 Plaintiffs’ Complaint was served on June 26, 2017. Shortly thereafter counsel for Defendant 13 alerted Plaintiffs to a related case pending in the Superior Court of Riverside County, California, 14 Romero, et al., v. Compass Group, USA, Inc., Case No. CIVDS1512026 (the “Romero Action”). 15 ECF No. 7. 16 A class action settlement was preliminarily approved in the Romero Action after 17 Plaintiffs’ Complaint was filed in which Plaintiffs are all putative class members. Plaintiffs have 18 since received their class notices and are determining how to proceed with respect to the 19 settlement, which will greatly impact how this case would proceed (if at all) in terms of 20 scheduling, discovery, and motion practice. Plaintiffs have until September 21, 2017, to accept 21 the settlement in the Romero Action and a final approval hearing is set for October 3, 2017. 22 Accordingly, in order to preserve the Parties’ and the Court’s resources, the Parties respectfully 23 request that the Court put this matter over until October 31, 2017, or date thereafter, so that if 24 Plaintiffs’ claims are resolved in whole or in part by the settlement in the Romero Action they can 25 either dismiss their claims in this matter or come back to the Court with a better proposal for 26 discovery, motion practice, and scheduling that would reflect the scope of the case at that point. 27 /// 28 /// -1Case No. 4:17-cv-03543-KAW JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING CONTINUANCE OF CMC 1 2 3 /// 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. 4 Respectfully submitted, 5 6 DATED: September 12, 2017 By: 7 8 /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: 415-772-4700 Facsimile: 415-772-4707 lking@kaplanfox.com lfong@kaplanfox.com mgeorge@kaplanfox.com mchoi@kaplanfox.com 9 10 11 12 13 14 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: 210-998-5645 Facsimile: 210-495-4670 cibelliterroil@outlook.com 15 16 17 18 Counsel for Plaintiffs 19 20 KAPLAN FOX & KILSHEIMER LLP Dated: September 11, 2017 FISHER & PHILLIPS LLP 21 By: /s/ Lonnie D. Giamela 22 24 Lonnie D. Giamela (SBN 228435) Fisher & Phillips LLP 444 S. Flower Street, Suite 1550 Los Angeles, California 90071 lgiamela@fisherphillips.com 25 Counsel for Defendant Compass Group, Inc. 23 26 27 28 -2Case No. 4:17-cv-03543-KAW JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING CONTINUANCE OF CMC 1 ORDER 2 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED: 3 The case management conference is continued from September 19, 2017 to October 31, 4 2017, at 1:30 p.m. or ________________________________. The Parties shall file their initial 5 case management conference statement no later than seven (7) calendar days before the case 6 management conference. 7 8 9 10 9/13/17 Dated: ____________________ _________________________________________ Magistrate Judge Kandis A. Westmore United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Case No. 4:17-cv-03543-KAW JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING CONTINUANCE OF CMC

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