Ho v. Ernst & Young LLP
Filing
230
ORDER RE DEFENDANT ERNST & YOUNG LLP'S ADMINISTRATIVE MOTION RE MEAL AND REST BREAK CLAIMS AND CLAIMS FOR INJUNCTIVE RELIEF OF PLAINTIFFS JOSEPH LANDON AND SARAH FERNANDEZ (granting 222 in Case 5:05-cv-04867-JF; granting 67 in Case 5:08-cv-02853-JF). Signed by Judge Jeremy Fogel on 7/15/2010. (jflc2, COURT STAFF) (Filed on 7/15/2010)
Ho v. Ernst & Young LLP
Doc. 230
CATHERINEA. CONWAY (SBN 98366) GREGORYW. KNOPP (SBN 237615) CHRISTOPHER K. PETERSEN (SBN 260631 AKIN GUMP STRAUSS HAUER & FELD LLP 2029 Century Park East, Suite 2400 Los Angeles, California 90067-3012
Telephone: 310-229- 1000 FacsImile: 310-229- 1001
**E-Filed 7/15/2010**
5 cconwaY(fYaldngump. com
gknopp(gJakmgump. com
6 cpetersen~akmgump. com
ATTORNEYS FOR DEFENDANT ERNST & YOUNG LLP
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
14 NATHAN LAY, and SARAH FERNANDEZ on behalf of
DAVID HO, JOHN MAXTON
Case No. CV 05-04867 JF (HRL)
15 themselves and others similarly situated and on behalf of the general 16 public and DOES 1-
rConsolidated for Class Certification
Pu!:Roses with Case Nos. CV- 08-
02853- JF and CV- 08- 04988- JF)
20
18
Plaintiff
Assigned for all purPoses to the fIonorable Jeremy Fogel)
-rPR---PO-S-ED-l- ORDER ------------------------- O---- - ---MOTION RE MEAL AND
19 ERNST & YOUNG LLP
Defendant.
RE DEFENDANT ERNST & YOUNG LLP' S ADMINISTRATIVE REST BREAK CLAIMS AND CLAIMS FOR INJUNCTIVE RELIEF OF PLAINTIFFS JOSEPH LANDON AND SARAH FERNANDEZ
Complaint Filed: September 27 , 2005
(PROPOSED) ORDER RE DEFENDANT'S ADMINISTRATIVE MOTION RE MEAL AND REST BREAK CLAIMS AND CLAIMS FOR INJUNCTIVE RELIEF OF PLAINTIFFS JOSEPH LANDON AND SARAH FERNANDEZ Dockets.Justia.com
--- - -- -- -- - - -- - - - - ---- ---- -- - - --- - -- - - ---
- --- ----
-----------
JOSEPH LANDON, individually and on behalf of all others similarly
2 situated
Case No. CV- 08-02853-JF
(HRL)
3 Plaintiffs
ERNST & YOUNG LLP, a limited
liability jJartnership; ERNST &
partnership; and DOES 1- 100
Complaint Filed: February 21 2008
6 YOUNG U. S. LLP, a limited liability
7 mclusive
Defendants.
10 MICHELLE RICHARDS , on behalf of herself and all others similarly 11 situated and on behalf of the general public
Plaintiffs
Case No. CV-08-04988-JF (HRL)
Assigned for all purPoses to the fIonorable Jeremy Fogel) Complaint Filed: June 19, 2008
ERNST & YOUNG LLP, and 15 DOES 1 - 50
Defendants.
(PROPOSED) ORDER RE DEFENDANT'S ADMINISTRATIVE MOTION RE MEAL AND REST BREAK CLAIMS AND CLAIMS FOR INJUNCTIVE RELIEF OF PLAINTIFFS JOSEPH LANDON AND SARAH FERNANDEZ
On May 19 2010 , Defendant Ernst & Young LLP ("Defendant") filed an
administrative motion to apply this Court' s ruling with respect to Defendant's motion
for summary judgment as to Plaintiff Michelle Richards to the claims of Plaintiffs
Joseph Landon and Sarah Fernandez ("Plaintiffs ) as well, thereby dismissing their
claims for injunctive relief with prejudice and dismissing their meal and rest break
claims without prejudice.
After considering this motion, IT IS HEREBY ORDERED THAT the motion is
GRANTED for the following reasons:
1. Plaintiffs lack standing to seek injunctive relief because they are no longer
claims for meal and rest breaks are dismissed without prejudice
employed by Ernst & Young and therefore are no longer subject to the employment
12 13
practices at issue in this action.
2. Plaintiffs '
because the California Supreme Court is currently considering the standard that will
14 apply.
7/15/2010
Dated
, 20 1 0
Hon. Jeremy Fogel
Judge of the United States District Court
(PROPOSED) ORDER RE DEFENDANT'S ADMINISTRATIVE MOTION RE MEAL AND REST BREAK CLAIMS AND CLAIMS FOR INJUNCTIVE RELIEF OF PLAINTIFFS JOSEPH LANDON AND SARAH FERNANDEZ
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 I am employed in the County of Los Angeles, State of California. I am over the age of
document( s) described as: rPROPOSEDl ORDER RE DEFENDANT ERNST & 5 YOUNG ttp' s ADMINISTRATIVE MOTION RE MEAL AND REST BREAK CLAIMS AND CLAIMS FOR INJUNCTIVE RELIEF OF PLAINTIFFS JOSEPH 6 LANDON AND SARAH FERNANDEZ on the interested party(ies) below, using the
18 and not a party to the within action~ my business address is: 2029 Century Park East Suite 2400, Los Angeles, California 9u067. On M'!y 20 2010 , I served the foreKoing
following means:
All parties identified for Notice of Electronic Filin2 generated by the Court' s CM/ECF system under the referenced case caption and number
10
11
13 14
BY ELECTRONIC MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or an agreement of the parties to accept service bye-mail or electronic transmission , I caused the document(s) to be sent to the respective e-mail addressees) of the party(ies) as stated above. I did not receive , within a reasonable time after the transmission , any electronic message or other indication that the transmission was unsuccessful.
whose dIrectIOn the servIce was made.
I 4ecl~re that I am employed in the office of a member of the bar of this court at
Executed on May 20 2010 at Los Angeles, California.
19 Print Name
Rose Shushanyan
PROOF OF SERVICE
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