Jason Zajonc v. Morgan Stanley & Co. LLC et al

Filing 131

STIPULATION AND ORDER re 130 to Transfer for Settlement Purposes filed by Morgan Stanley & Co. LLC, Morgan Stanley, Morgan Stanley Smith Barney LLC. Signed by Judge Edward M. Chen on 6/13/16. (bpfS, COURT STAFF) (Filed on 6/13/2016)

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Melinda S. Riechert
Jennifer Svanfeldt
Roberta H. Vespremi
MORGAN LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]

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Attorneys for Defendants

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Jahan C. Sagafi (Cal. Bar No. 224887)
Julia Rabinovich (Cal. Bar No. 290730)
OUTTEN & GOLDEN LLP
One Embarcadero Center, 38th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

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Attorneys for Plaintiffs and proposed Class Members
(Additional counsel listed on next page)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO / OAKLAND DIVISION

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JASON ZAJONC and DENNIS FOWLER,
individually and on behalf of all others
similarly situated,

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Plaintiffs,

CASE NO. 3:14-CV-05563-EMC
STIPULATION TO TRANSFER FOR
SETTLEMENT PURPOSES &
[PROPOSED] ORDER

v.

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MORGAN STANLEY & CO. LLC,
f/k/a Morgan Stanley & Co. Incorporated,
MORGAN STANLEY SMITH BARNEY
LLC, and MORGAN STANLEY,

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Defendants.

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Complaint Filed:

December 19, 2014

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STIPULATION TO TRANSFER
FOR SETTLEMENT PURPOSES
3:14-cv-05563-EMC

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Justin M. Swartz (admitted pro hac vice)
OUTTEN & GOLDEN LLP
3 Park Avenue, 29th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Gregg I. Shavitz (admitted pro hac vice)
Susan H. Stern (admitted pro hac vice)
Paolo C. Meireles (admitted pro hac vice)
SHAVITZ LAW GROUP, P.A.
1515 S. Federal Hwy., Suite 404
Boca Raton, Florida 33432
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
Michael J. Palitz (admitted pro hac vice)
SHAVITZ LAW GROUP, P.A.
30 3rd Avenue, 5th Floor
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Seth R. Lesser (admitted pro hac vice)
Fran L. Rudich (admitted pro hac vice)
KLAFTER OLSEN & LESSER, LLP
Two International Drive, Suite 350
Rye Brook, NY 10573
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

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Attorneys for Plaintiffs and proposed Class Members

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STIPULATION TO TRANSFER
FOR SETTLEMENT PURPOSES
3:14-cv-05563-EMC

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Plaintiffs Jason Zajonc and Dennis Fowler (“Plaintiffs”) and Defendants Morgan Stanley

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& Co., LLC, f/k/a Morgan Stanley & Co. Incorporated, Morgan Stanley Smith Barney LLC, and

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Morgan Stanley (“Defendants” or “Morgan Stanley”) hereby stipulate and agree as follows:

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WHEREAS, the parties have agreed to a comprehensive settlement agreement (the

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“Settlement Agreement”) that provides for the settlement of this action as well as three additional

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cases: DeVries v. Morgan Stanley & Co., LLC, Case No. 12-81223 (S.D. Fla); Johnson v.

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Morgan Stanley & Co., LLC, Case No. 1:15-cv-04865-RJS (S.D.N.Y.); and Hix v. Morgan

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Stanley & Co., LLC, Case No. 1:15-cv-01157-MJG (D. Md.);

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WHEREAS, as Devries is the most advanced action and involves the most opt-ins, the

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Settlement Agreement provides for, and the parties hereby stipulate to transfer this action, along

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with Johnson, and Hix, to the Southern District of Florida so that the Honorable Kenneth A.

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Marra can consider the fairness of the entire settlement;

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WHEREAS, the four actions all concern Defendants’ alleged failure to pay overtime for

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all hours worked to either pre-production Financial Advisor Associates (DeVries and this action),

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Client Service Associates (Johnson) and Service Associates (Hix). Each position is eligible for

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overtime under Morgan Stanley’s policies, and Plaintiffs allege they were entitled to be

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compensated for overtime for all hours worked over 40 per workweek. The Settlement

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Agreement provides for compensation to each of these groups of employees. The Settlement

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Agreement further provides that the parties in Johnson, Hix and this case will jointly seek to have

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their respective cases transferred to Florida for consolidation with DeVries before Judge Marra

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solely for the purpose of settlement;

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WHEREAS, in DeVries, the Court conditionally certified a collective of pre-production

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Financial Advisor Associates, 433 members of the collective opted in, including Plaintiff Jason

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Zajonc, second phase discovery was completed and motions for final certification/decertification

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and summary judgment were fully briefed and pending before the Court at the time the Settlement

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Agreement was reached. It is therefore, by far, the most advanced case of the four actions being

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settled and Judge Marra has the most familiarity with the compensation issues that are at the heart

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of each of the cases;
STIPULATION TO TRANSFER
FOR SETTLEMENT PURPOSES
3:14-cv-05563-EMC

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WHEREAS, 28 U.S.C. § 1404(a), provides that “For the convenience of parties and

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witnesses, in the interest of justice, a district court may transfer any civil action to any other

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district or division where it might have been brought or to any district or division to which all

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parties have consented.” This stipulated transfer satisfies each of these requirements;

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WHEREAS, the stipulated transfer is for the convenience of those parties who have

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entered into a settlement that is a part of an omnibus settlement of the four actions. It would be

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unnecessarily burdensome on the parties to have to seek approval of the Settlement Agreement in

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this Court and before Judge Marra. Similarly, judicial efficiency would be undermined if more

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than one court were to address the same settlement;1

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WHEREAS, the parties alerted Judge Marra to the settlement of DeVries, Johnson, Hix,

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and Zajonc on March 9, 2016, and also advised him that the parties had agreed to transfer

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Johnson, Hix, and Zajonc to him for approval as part of an omnibus settlement; and

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WHEREAS Judge Marra responded positively, congratulating the parties on their

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amicable resolution of these matters and ordering that the preliminary settlement approval papers

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be filed by June 22, 2016. See DeVries Dkt. No. 506 & 512.

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THEREFORE, the parties hereby stipulate and agree to transfer venue for this case for

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settlement purposes to the Southern District of Florida, and respectfully request that the Court

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grant that transfer in time for the June 22, 2016 settlement approval filing.

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If the settlement is ultimately not approved by the Court in Florida, the parties will move to
have this action transferred back to this Court for further proceedings.

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STIPULATION TO TRANSFER
FOR SETTLEMENT PURPOSES
3:14-cv-05563-EMC

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Dated: June 10, 2016

Respectfully submitted,
By:

/s/ Roberta H. Vespremi
Roberta H. Vespremi

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Melinda S. Riechert
Jennifer Svanfeldt
Roberta H. Vespremi
MORGAN LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]

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Attorneys for Defendants
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STIPULATION TO TRANSFER
FOR SETTLEMENT PURPOSES
3:14-cv-05563-EMC

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Dated: June 10, 2016

By:

/s/ Jahan C. Sagafi
Jahan C. Sagafi

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Jahan C. Sagafi (Cal. Bar No. 224887)
Julia Rabinovich (Cal. Bar No. 290730)
OUTTEN & GOLDEN LLP
One Embarcadero Center, 38th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

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Justin M. Swartz (admitted pro hac vice)
OUTTEN & GOLDEN LLP
3 Park Avenue, 29th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Gregg I. Shavitz (admitted pro hac vice)
Susan H. Stern (admitted pro hac vice)
Paolo C. Meireles (admitted pro hac vice)
SHAVITZ LAW GROUP, P.A.
1515 S. Federal Hwy., Suite 404
Boca Raton, Florida 33432
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]

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Michael J. Palitz (admitted pro hac vice)
SHAVITZ LAW GROUP, P.A.
30 3rd Avenue, 5th Floor
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Seth R. Lesser (admitted pro hac vice)
Fran L. Rudich (admitted pro hac vice)
KLAFTER OLSEN & LESSER, LLP
Two International Drive, Suite 350
Rye Brook, NY 10573
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

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Attorneys for Plaintiffs and Proposed Class
Members

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STIPULATION TO TRANSFER
FOR SETTLEMENT PURPOSES
3:14-cv-05563-EMC

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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M. Che

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Judge E

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_______________________________________
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THE HONORABLE EDWARD M. CHEN
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UNITED STATES O O
S S DISTRICT JUDGE
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UNIT
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Dated: June _____, 2016

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[PROPOSED] ORDER GRANTING
STIPULATION TO TRANSFER
FOR SETTLEMENT PURPOSES
3:14-cv-05563-EMC

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ATTESTATION OF SIGNATURE
Pursuant to Civil Local Rule 5-1(i)(3), the filer of this document attests that concurrence
in the filing of this document has been obtained from the other signatory above.

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DATED: June 10, 2016

MORGAN, LEWIS & BOCKIUS LLP
By: /s/ Roberta H. Vespremi
Attorneys for Defendants

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STIPULATION TO TRANSFER
FOR SETTLEMENT PURPOSES
3:14-cv-05563-EMC