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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?