Farfan et al v. SSC Carmichael Operating Company LP et al

Filing 75

ORDER GRANTING 74 STIPULATION And Request To Remand Action To Marin County Superior Court.. Signed by Judge Haywood S. Gilliam, Jr. on 3/27/2020. (ndrS, COURT STAFF) (Filed on 3/27/2020)

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EDWARD J. WYNNE, SBN 165819
[e-mail]
WYNNE LAW FIRM
80 E. Sir Frances Drake Blvd, Suite 3G
Larkspur, CA 94939
Telephone:
415.461.6400
Facsimile:
415.461.3900

MICHAEL J. NADER, SBN 200425
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
Esquire Plaza, 1215 K Street 17th Floor
Sacramento, CA 95814
Telephone:
916.840.3150
Facsimile:
916.840.3159

BRYAN J. MCCORMACK, SBN 192418
[e-mail]
THE MCCORMACK LAW FIRM
80 E. Sir Frances Drake Blvd, Suite 3G
Larkspur, CA 94939
Telephone:
415.925.5161

Attorneys for Defendants
SSC CARMICHAEL OPERATING
COMPANY LP; SSC CARMICHAEL
OPERATING GP, LLC; SSC CARMICHAEL
MANAGEMENT COMPANY LP; SSC
HICKORY 13TH OPERATING COMPANY
LLC; SSC HICKORY EAST OPERATING
COMPANY LLC; SAVASENIORCARE
ADMINISTRATIVE SERVICES, LLC;
SAVASENIORCARE, LLC;
SAVASENIORCARE CONSULTING, LLC

Attorneys for Plaintiffs
NAOMI FARFAN, LOLLIE WEBSTER and
TERRI RICHTER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NAOMI FARFAN, LOLLIE WEBSTER, and
TERRI RICHTER, individually and on behalf of
other members of the general public similarly
situated,

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Case No. 4:18-CV-01472-HSG
STIPULATION AND REQUEST TO
REMAND ACTION TO MARIN COUNTY
SUPERIOR COURT AND JOINT
STATUS REPORT ; ORDER

Plaintiffs,
v.
SSC CARMICHAEL OPERATING COMPANY
LP; SSC CARMICHAEL OPERATING GP, LLC;
SSC CARMICHAEL MANAGEMENT
COMPANY LP; SSC HICKORY 13TH
OPERATING COMPANY LLC; SSC HICKORY
EAST OPERATING COMPANY LLC;
SAVASENIORCARE ADMINISTRATIVE
SERVICES, LLC; SAVASENIORCARE, LLC;
SAVASENIORCARE CONSULTING, LLC,
Defendants.

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Case No. 4:18-cv-01472-HSG
STIPULATION AND REQUEST TO REMAND ACTION TO MARIN COUNTY SUPERIOR COURT

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Plaintiffs NAOMI FARFAN, LOLLIE WEBSTER, and TERRI RICHTER (“Plaintiffs”) and

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Defendants SSC CARMICHAEL OPERATING COMPANY LP; SSC CARMICHAEL

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OPERATING GP, LLC; SSC CARMICHAEL MANAGEMENT COMPANY LP; SSC HICKORY

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13TH OPERATING COMPANY LLC; SSC HICKORY EAST OPERATING COMPANY LLC;

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SAVASENIORCARE ADMINISTRATIVE SERVICES, LLC; SAVASENIORCARE, LLC;

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SAVASENIORCARE CONSULTING, LLC (“Defendants”) (together, the “Parties”), by and

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through their counsel of record agree and stipulate as follows:

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WHEREAS, on March 7, 2018 Plaintiffs filed the instant action against Defendants alleging

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various wage claims. (Dkt. 1.) On May 1, 2018, Plaintiffs filed a first amended complaint adding an

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allegation under the Private Attorneys General Act of 2004, Labor Code § 2698, et seq. (“PAGA”)

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(Dkt. 12.);

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WHEREAS, on July 9, 2018, Defendant SAVASENIORCARE, LLC filed a motion to

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dismiss for lack of personal jurisdiction (Dkt. 20) and a motion to compel the arbitration of the

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individual claims of Plaintiff TERRI RICHTER, and to dismiss or stay other claims pending

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arbitration (Dkt. 22), Defendants filed a motion to compel arbitration of the individual claims of

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plaintiffs NAOMI FARFAN and LOLLIE WEBSTER and to stay other claims pending arbitration

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(Dkt. 25), Defendants SSC HICKORY 13TH OPERATING COMPANY, LLC and HICKORY EAST

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OPERATING COMPANY, LLC filed a motion to dismiss for lack of personal jurisdiction (Dkt. 28),

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and a motion to transfer venue (Dkt. 31) (collectively, the “Motions”);

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WHEREAS, on July 27, 2018, the Court granted the Parties’ stipulation to stay the case
pending resolution of Defendants’ motions to compel arbitration (Dkt. 38);
WHEREAS, on February 1, 2019, the Court granted Defendants’ motions to compel
arbitration (Dkt. 50);

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WHEREAS, on October 7, 2019, after motions for reconsideration were filed by both Parties,

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the Court granted Defendants’ motion for reconsideration and dismissed Plaintiffs’ class claims. In

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the order, the Court directed the Parties to provide a status report within 90 days (Dkt. 67);

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WHEREAS, on October 31, 2019, the Court granted the Parties’ request to provide a status
report after the Parties’ mediation on January 22, 2020 (Dkt. 69);
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Case No. 4:18-cv-01472-HSG
STIPULATION AND REQUEST TO REMAND ACTION TO MARIN COUNTY SUPERIOR COURT

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WHEREAS, on February 21, 2020, the Parties reported that they participated in a mediation

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on January 22, 2020, and were not able to reach resolution that day, but were continuing to discuss

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a possible resolution and requested a continuance of the joint report date (Dkt. 70);

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WHEREAS, on February 25, 2020, the Court granted the request (Dkt. 72);

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WHEREAS, pursuant to the Court’s requirement for a joint status report on the lawsuit, the

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Parties report that on March 26, 2020, the parties entered into a fully executed Memorandum of

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Agreement setting forth the terms and conditions of a global settlement of all claims in this litigation

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(the “MOA”);

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WHEREAS, pursuant to the terms of the MOA, the Parties have agreed to request this Court
to remand the lawsuit to the Superior Court of California in Marin County.

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STIPULATION
The Parties hereby stipulate to request the Court to remand this lawsuit to the Marin County
Superior Court.

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Michael J. Nader
Michael J. Nader
Attorneys for Defendants
SSC CARMICHAEL OPERATING
COMPANY LP; SSC CARMICHAEL
OPERATING GP, LLC; SSC CARMICHAEL
MANAGEMENT COMPANY LP; SSC
HICKORY 13TH OPERATING COMPANY
LLC; SSC HICKORY EAST OPERATING
COMPANY LLC; SAVASENIORCARE
ADMINISTRATIVE SERVICES, LLC;
SAVASENIORCARE, LLC;
SAVASENIORCARE CONSULTING, LLC

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Case No. 4:18-cv-01472-HSG
STIPULATION AND REQUEST TO REMAND ACTION TO MARIN COUNTY SUPERIOR COURT

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DATED: March 26, 2020

WYNNE LAW FIRM
THE MCCORMACK LAW FIRM

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By: /s/ Edward J. Wynne
Edward J. Wynne
Bryan J. McCormack
Attorneys for Plaintiffs
NAOMI FARFAN, LOLLIE WEBSTER AND
TERRI RICHTER

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SIGNATURE ATTESTATION

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Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
document has been obtained from the other signatories.

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WYNNE LAW FIRM

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By: /s/ Edward J. Wynne
Edward J. Wynne
Attorneys for Plaintiffs
NAOMI FARFAN, LOLLIE WEBSTER AND
TERRI RICHTER

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Case No. 4:18-cv-01472-HSG
STIPULATION AND REQUEST TO REMAND ACTION TO MARIN COUNTY SUPERIOR COURT

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[PROPOSED] ORDER REMANDING CASE TO MARIN COUNTY SUPERIOR COURT

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The above stipulation is hereby approved. For good cause, the Court orders that this matter

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be remanded to the Marin County Superior Court.

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IT IS SO ORDERED.
DATED: 3/27/2020

The Hon. Haywood S. Gilliam, Jr.
U.S. District Court Judge

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Case No. 4:18-cv-01472-HSG
STIPULATION AND REQUEST TO REMAND ACTION TO MARIN COUNTY SUPERIOR COURT