Herspold v. King Kong Sushi Bar and Grill LLC et al

Filing 60

ORDER:1. The statute of limitations will be tolled effective May 19, 2015 and will end July 10, 2015, unless extended by Plaintiffs and Defendants, which extension can be confirmed via emails between attorneys.2. This Tolling Agreement does not revive any claim that is otherwise already barred by the applicable statute of limitation or other time-related defense as of May 19, 2015, and Defendants do not waive any statute of limitation or other time-related defense as to any such claim. IT IS SO ORDERED. Signed by the Honorable R. Bryan Harwell on 5/21/2015. (hcic, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
BRET HERSPOLD and
ERIKA BUCHANAN, on behalf of
themselves and all others similarly situated,
Plaintiffs,
v.
KING KONG SUSHI BAR & GRILL,
LLC; TKM ENTERPRISES, LLC; and
KYUWON CHOI, individually,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

C/A: 4:14-cv-03418-RBH

RULE 16 ORDER

DRAFT

The Plaintiffs, Bret Herspold (“Herspold”) and Erika Buchanan (“Buchanan”), on behalf
of themselves and all others similarly situated, and all of the filed Opt-Ins to date (all jointly
“Plaintiffs”) and Defendants King Kong Sushi Bar & Grill, LLC (“KKS”); TKM Enterprises,
LLC (“TKM”); and Kyuwon Choi (“Choi”) (KKS; TKM; and Choi; collectively “Defendants”),
by and through their counsel, hereby jointly move this Honorable Court for an Order, pursuant to
FRCP 16. Plaintiffs and Defendants have decided to schedule mediation now, rather than waiting
until after discovery has completed; however, Plaintiffs wish to toll the statute of limitations for
all putative class members under the latest Amended Complaint. Thus,
IT IS ORDERED:
1.

The statute of limitations will be tolled effective May 19, 2015 and will end July

10, 2015, unless extended by Plaintiffs and Defendants, which extension can be confirmed via
emails between attorneys.
2.

This Tolling Agreement does not revive any claim that is otherwise already barred

Page 1 of 2

Order Under Rule 16
C/A No. 4:14-cv--03418-RBH

by the applicable statute of limitation or other time-related defense as of May 19, 2015, and
Defendants do not waive any statute of limitation or other time-related defense as to any such
claim.
IT IS SO ORDERED.

FLORENCE, SC
May 21, 2015

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge

Page 2 of 2