Hernandez v. Children's Creative Learning Centers et al

Filing 23

Order Continuing Case Management Conference to December 18, 2013.. Signed by Judge Lucy H. Koh on 11/22/2013. (lhklc1, COURT STAFF) (Filed on 11/22/2013)

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1 2 3 4 STEVEN M. TINDALL, State Bar No. 187862 ROSHA K. JONES, State Bar No. 279143 RUKIN HYLAND DORIA & TINDALL LLP 100 Pine Street, Suite 2150 San Francisco, California 94111 Telephone: (415) 421-1800 Facsimile: (415) 421-1700 5 6 Attorneys for Plaintiff Maria Hernandez UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 MARIA HERNANDEZ, Plaintiff on behalf of herself and all others similarly situated, 11 JOINT CASE MANAGEMENT STATEMENT AND REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Plaintiff, 12 v. 13 14 15 16 Case No. CV 13-02246 LHK CHILDREN’S CREATIVE LEARNING CENTERS; KNOWLEDGE LEARNING CORPORATION; and DOES 1 through 100, inclusive, Defendants. Date of CMC: Time: Courtroom: Judge: November 27, 2013 2:00 p.m. 8 Hon. Lucy H. Koh 17 18 Plaintiff Maria Hernandez, on behalf of herself and all others similarly situated, and 19 Defendants Children’s Creative Learning Center, Inc., and Knowledge Universe Education LLC 20 (formerly known as Knowledge Learning Corporation) (collectively, “the parties”), hereby jointly 21 submit this Case Management Statement in advance of the Case Management Conference 22 currently scheduled for November 27, 2013. 23 24 DESCRIPTION OF THE CASE In this proposed class action, Plaintiff contends that Defendants failed to pay overtime pay 25 for hours worked both on and off the clock, failed to provide uninterrupted meal periods, and 26 failed to provide proper itemized wage statements. Defendants contend that they have, at all 27 times relevant to the case, complied with California wage and hour laws. 28 JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE 1 Defendants provide employer-sponsored early childhood education at or near its clients’ 2 places of business, including its Mountain View and San Jose locations. Plaintiff and the 3 proposed class members are current and former teachers who worked for Defendant Children’s 4 Creative Learning Center at two locations in California (San Jose and Mountain View). 5 PROCEDURAL HISTORY 6 Plaintiff filed an individual complaint in the Santa Clara County Superior Court and 7 amended it on August 13, 2012 to assert claims on behalf of the proposed Class Members. After 8 a case management conference with Hon. Peter Kirwan of the Santa Clara County Superior 9 Court, the Plaintiff requested and received documents from Defendants regarding her claims. The 10 parties also held a mediation session with experienced class action mediator Steven Pearl of ADR 11 Services. Although the parties made some progress toward resolution, they were unable to 12 resolve the matter. On or about May 20, 2013 (after the first day of mediation), Defendants 13 removed the case to the Northern District of California, where it is now pending. 14 After additional documents were exchanged, on July 26, 2013, the parties engaged in a 15 second day of mediation with Mr. Pearl. At the close of the mediation, the parties signed a 16 Memorandum of Understanding regarding a tentative class action settlement. On August 13, 17 2013, the parties submitted a joint stipulation and proposed order to stay Court deadlines so that 18 they may complete their settlement negotiations. 19 By Order of September 9, 2013, this Court ordered all deadlines to be stayed for 90 days 20 (or until December 9, 2013) and ordered the parties to provide the Court with an update of their 21 status by September 27, 2013 (which on September 19, 2013 and October 3, 2013 was amended) 22 (Elec. Doc. ## 16, 17, 19). 23 STATUS OF SETTLEMENT 24 As indicated in the parties previous Case Management Statement (Elec. Doc. # 18), 25 Plaintiff requested from Defendants specific confirmatory discovery regarding one term of the 26 proposed class action settlement, which Plaintiff has since received and reviewed. The parties 27 have now drafted a detailed settlement agreement and have exchanged proposed revisions to it. 28 -2JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE 1 The parties believe that they will be able to finalize the settlement agreement and supporting 2 documents within the next 21 days, at which time the parties intend to submit the settlement to 3 the Court for preliminary settlement approval. 4 5 PROPOSED SCHEDULE The parties are confident that they will be able to finalize the settlement agreement and 6 submit it to the Court for preliminary approval by December 11, 2013. The parties are more than 7 willing to appear at the Case Management Conference on November, 27, 2013 to address any 8 questions the Court may have. In the interests of judicial efficiency, however, the parties 9 respectfully request that the Case Management Conference be continued for twenty-one days 10 (until December 18, 2013) so that they may have an opportunity to finalize the settlement 11 agreement and submit a motion for preliminary approval. 12 13 Dated: November 21, 2013 Respectfully submitted, 14 RUKIN HYLAND DORIA & TINDALL LLP 15 16 By: /s/ Steven M. Tindall ________________________ Steven M. Tindall 17 Steven M. Tindall (State Bar No. 187862) Rosha K. Jones (State Bar No. 279143) 100 Pine Street, Suite 2150 San Francisco, CA 94111 Telephone: (415) 421-1800 Facsimile: (415) 421-1700 18 19 20 21 22 Dated: November 21, 2013 SEYFARTH SHAW, LLP 23 By: _/s/ Jon D. Meer__________ _______ 24 25 26 27 28 Jon D. Meer, State Bar No. 144389 Daniel C. Whang, State Bar No. 223451 2029 Century Park East, Suite 3500 Los Angeles, CA 90067-3021 Telephone: (310) 277-7200 Facsimile: (310) 201-5219 Attorneys for Defendants Children’s Creative Learning Center, Inc. and Knowledge Universe Education LLC -3JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE 1 PROPOSED ORDER 2 3 In light of the parties’ ongoing attempts to resolve this matter through settlement, the 4 Court concludes that, in the interests of judicial efficiency, the Case Management Conference 5 currently scheduled for November 27, 2013 shall be CONTINUED to December 18, 2013. The 6 Court ORDERS the Parties to file a Joint Case Management Statement by December 11, 2013 to 7 apprise the Court of the status of the Settlement. 8 9 IT IS SO ORDERED. 10 11 Dated: November 22, 2013 __, __________________________ Hon. Lucy H. Koh United States District Court Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE

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