McClain v. AT & T Mobility LLC et al

Filing 21

ORDER DENYING 18 Stipulation and [proposed] order Consolidating cases for Pretrial Purposes. Signed by Judge Edward J. Davila on 1/9/2012. (ejdlc1, COURT STAFF) (Filed on 1/9/2012)

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Attorneys for Plaintiff, Jermaine McClain

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Joel R. Bryant, Esq. (State Bar No. 149370)
[e-mail]
GREEN BRYANT & FRENCH LLP
1230 Columbia Street, Suite 1120
San Diego, California 92101
Tel: [phone]
Fax: [phone]

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S DISTRICT
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JERMAINE MCCLAIN, an individual,

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PLAINTIFF,

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v.

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AT&T MOBILITY SERVICES LLC, a
Delaware Limited Liability Company; and
DOES 1-100, jointly and severally,

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DEFENDANTS.

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CASE NO: CV11-05072-EJD
STIPULATION AND [PROPOSED]
ORDER COORDINATING CASES
FOR PRETRIAL PURPOSES
Date: March 16, 2012
Time: 10:00 a.m.
Dept.: Courtroom 1
Judge: Honorable Edward J. Davila

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Subject to the Court’s review and approval, IT IS HEREBY STIPULATED AND AGREED
AND ORDERED as follows:

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WHEREAS, this case is one of approximately 93 pending cases which Plaintiff’s counsel

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has filed throughout the United States District Courts in California against Defendant AT&T

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Mobility Services LLC on behalf of current or former employees based on allegations of unpaid

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overtime compensation and violations of the Fair Labor Standards Act. Currently, Plaintiff’s

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counsel has 11 such cases pending in the United States District Court for the Northern District of

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California.

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WHEREAS, the related actions (collectively, the “Actions”) listed in Exhibit ‘A’ are

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pending in the United States District Court for the Northern District of California; and,

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WHEREAS, counsel for the various Plaintiffs and Defendant have each concluded that it

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is in the best interests of the respective parties that the Actions be coordinated for pretrial purposes,
-1Case No: CV11-05072-EJD
STIPULATION AND ORDER COORDINATING CASES

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and proceed as contemplated herein. Although Defendant has not yet appeared in this action,

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Defendant will be represented by the firm of Crowell & Moring LLP. That has been confirmed by

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Andrew Bagley, Esq. and Wendy Sugg, Esq. of Crowell & Moring LLP. Crowell & Moring, on

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behalf of AT&T Mobility Services LLC, has stipulated to the terms provided herein;

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WHEREAS, it is anticipated that additional related actions may be transferred to, removed
to, or filed in this Court; and,

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WHEREAS, the existence of certain common questions of law and/or fact in the Actions

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now pending before this Court, the interests of fair and efficient administration of the Actions, the

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avoidance of unnecessary duplicative efforts and the avoidance of inconsistency in outcomes,

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warrants the pretrial coordination of the Actions.
NOW, THEREFORE, subject to the Court’s approval, Plaintiff and Defendant, by and
through their counsel of record, respectfully asks the following:
(1) All Northern District Actions be coordinated for pretrial purposes to Judge Thelton E.
Henderson, who has been assigned the first-filed case (CV11-04508-TEH).
(2) All Actions will adopt the due dates of the first-filed case number for Status Reports,
Conferences, and other matters.

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GREEN BRYANT & FRENCH, LLP
Dated: January 3, 2012

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/s/ Joel R. Bryant
Joel R. Bryant, Esq.
[e-mail]
Attorney for Plaintiff
JERMAINE MCCLAIN

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CROWELL & MORING LLP
Dated: January 3, 2012

/s/ Wendy A. Sugg _____
Wendy A. Sugg
[e-mail]
Attorney for Defendant
AT&T Mobility Services LLC

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-2Case No: CV11-05072-EJD
STIPULATION AND ORDER COORDINATING CASES

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ORDER

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Pursuant to Stipulation, it is hereby ordered that:

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(1) All Northern District Actions be coordinated for pretrial purposes before Judge Thelton
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Dated: _______________________

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Conferences, and other matters.

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(2) All Actions will adopt the due dates of the first-filed case number C Status Reports,
for
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E. Henderson, who has been assigned the first-filed case (CV11-04508-TEH).

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D I S Edward J.
The Honorable T R I C T O FDavila

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United States District Court Judge

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ATTESTATION

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I, Joel R. Bryant, am the ECF user whose identification and password are being used to file

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the STIPULATION AND [PROPOSED] ORDER COORDINATING CASES FOR PRETRIAL

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PURPOSES. In compliance with General Order 45.X.B, I hereby attest that Wendy A. Sugg has

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concurred in this filing.

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GREEN BRYANT & FRENCH, LLP
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Dated: January 3, 2012
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/s/ Joel R. Bryant
Joel R. Bryant, Esq.
[e-mail]
Attorney for Plaintiff
JERMAINE MCCLAIN

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-3Case No: CV11-05072-EJD
STIPULATION AND ORDER COORDINATING CASES

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EXHIBIT A
Plaintiff Name

Date Filed

Case No.

Judge

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Carmen Cruz
Tuan Nguyen
Colby Diez
Amy Le Tong
Alesia Ibe
Christine Gutierrez
Mahsa Afsharpour
James Gubatan
Richard Ng
Natasha Piper
Jermaine McClain

09/12/11
09/20/11
09/20/11
09/20/11
09/20/11
09/20/11
09/20/11
09/20/11
09/20/11
09/20/11
10/17/11

3:11:CV-04508-TEH
3:11:CV-04653-CRB
5:11-CV-04652-EJD
5:11:CV-04651-EJD
3:11-CV-04658-EMC
3:11-CV-04549-JSW
5:11:CV-04656-LHK
5:11-CV-04655-LHK
5:11-CV-04654-LHK
3:11-CV-04550-SI
5:11:CV-05072-EJD

Thelton E. Henderson
Charles R. Breyer
Edward J. Davila
Edward J. Davila
Edward M. Chen
Jeffrey S. White
Lucy H. Koh
Lucy H. Koh
Lucy H. Koh
Susan Illston
Edward J. Davila

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-4Case No: CV11-05072-EJD
STIPULATION AND ORDER COORDINATING CASES