Gehl et al v. Bloomin' Brands et al, 4:13-cv-05961, No - Docket Alarm

Gehl et al v. Bloomin' Brands et al, 4:13-cv-05961, No - Docket Alarm

Case 4:13-cv-05961-KAW Document 141 Filed 11/20/15 Page 1 of 5 1 DON SPRINGMEYER [email protected] 2 BRADLEY S. SCHRAGER (Admitted Pro Hac ...

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Case 4:13-cv-05961-KAW Document 141 Filed 11/20/15 Page 1 of 5

1 DON SPRINGMEYER [email protected] 2 BRADLEY S. SCHRAGER (Admitted Pro Hac Vice) [email protected] 3 JUSTIN JONES (SBN 218217) [email protected] 4 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP 3556 E. Russell Road, Second Floor 5 Las Vegas, Nevada 89120 Telephone: (702) 341-5200 6 Facsimile: (702) 341-5300 7 MATTHEW OSTER (SBN 190541)

[email protected]

8 ERIC LEVINRAD (SBN 169025)

[email protected]

9 RICARDO ROZEN (SBN 279151)

[email protected]

& RABKIN, LLP 10 WOLF, RIFKIN, SHAPIRO, SCHULMAN th 11400 West Olympic Boulevard, 9 Floor

11 Los Angeles, California 90064-1582

Telephone: (310) 478-4100/Fax: (310) 479-1422

12 Attorneys for Plaintiffs 13 14 15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

17 18 HOLLY GEHL; CHRIS ARMENTA;

et al. each on behalf of himself/herself, 19 and on behalf of all others similarly situated, 20 Plaintiffs, 21 vs. 22

Case No. 4:13-cv-05961-KAW [Judge Kandis A. Westmore] JOINT MOTION FOR HEARING ON DATA ISSUES RE CLASS ACTION SETTLEMENT

T-BIRD RESTAURANT GROUP,

23 INC., a California corporation; T-BIRD

NEVADA, LLC, a Nevada Limited 24 Liability Company; and DOES 1 through 100, Inclusive,

Trial Date: None

25 Defendants. 26 27 28 4:13-cv-05961-KAW 24824967v1

JOINT MOTION FOR HEARING ONf DATA ISSUES RE CLASS ACTION SETTLEMENT Find authenticated court documents without watermarks at docketalarm.com.

Case 4:13-cv-05961-KAW Document 141 Filed 11/20/15 Page 2 of 5

1

The parties to the above-captioned action, through their attorneys of record,

2 hereby respectfully request a hearing with the Court to discuss newly discovered 3 data issues as follows: 4

WHEREAS, the parties entered into a settlement following mediation on May

5 5, 2015 where the number of class members was believed to be close to 10,000 6 current and former hourly employees based upon Defendant’s February 2015 7 research into its payroll records;

WHEREAS, Plaintiffs’ Motion for Preliminary Approval of Settlement, in

8

9 which defendants joined, was heard on August 20, 2015;

WHEREAS, on August 24, 2015, following the hearing on Plaintiffs’ Motion

10

11 for Preliminary Approval of Settlement, the Parties filed a joint supplemental 12 submission regarding notice to class members of settlement and claims procedures 13 (Dkt. No. 132), and a revised [Proposed] Order Granting Preliminary Approval of 14 Class Action Settlement (Dkt. No. 134); 15

WHEREAS, on September 28, 2015, the Court issued an Order Granting

16 Preliminary Approval of Class Action Settlement (Dkt. No. 135); 17

WHEREAS, pursuant to the Order Granting Preliminary Approval of Class

18 Action Settlement (Dkt. No. 135), defendant T-Bird Restaurant Group, Inc. again 19 researched its payroll system to obtain the information required by the Court’s Order 20 (Dkt. No. 135, ¶8.d. ( name, address, telephone number, social security number, 21 locations worked, dates of employment) and transmitted that information to the 22 Third Party Administrator (“TPA”) on November 2, 2015. Thereafter, the Third 23 Party Administrator worked to prepare the data for mailing the claims forms (due to 24 be mailed on November 17, 2015 under the terms of the Court’s Order (Dkt. No. 25 135)). On November 11, 2015, the TPA transmitted a final spreadsheet that 26 indicated 13,361 Class Members. This number appears to include 1193 Class 27 Members who began working for defendant between February 2015 when defendant 28

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4:13-cv-05961-KAW

JOINT MOTION FOR HEARING ONf DATA ISSUES RE CLASS ACTION SETTLEMENT Find authenticated court documents without watermarks at docketalarm.com.

Case 4:13-cv-05961-KAW Document 141 Filed 11/20/15 Page 3 of 5

1 formerly researched the potential number of class members, and September 28, 2 2015, the cutoff date for determining Class Membership. The 13,361 Class Member 3 list also appears to include 2854 individuals who were employed by defendant 4 between November 2009 and February 2015 but whom were not on the list of 5 potential class members pulled by defendant in February 2015. Those individuals 6 were former employees who had been coded as “purged” from the payroll system 7 and were inadvertently excluded from the report pulled in February 2015;

WHEREAS, the plaintiffs’ counsel and defendant’s counsel are meeting and

8

9 conferring in an attempt to determine the best course of action; 10

WHEREAS, the parties believe that the situation should be brought to the

11 Court’s attention so as to ensure that the Court’s preliminary determination as to the 12 reasonableness of the class action settlement remains satisfied;

WHEREAS, the parties request a hearing at the Court’s earliest convenience

13

14 to present this matter to the Court; and 15

WHEREAS, the parties request that the Court temporarily suspend all future

16 action dates set forth in the Order Granting Preliminary Approval of Class Action 17 Settlement (Dkt. No. 135) to prevent any potential Class Notice mailings claims 18 processes that may be revised by the Court at the requested hearing. 19 20

THEREFORE, IN LIGHT OF THE FOREGOING, THE PARTIES HEREBY

21 JOINTLY REQUEST:

That the Court set a hearing at the Court’s earliest convenience to present the

22

23 matter concerning the data issues that came to light on November 11, 2015, and 24

That the Court temporarily suspend all future action dates set forth in the

25 Order Granting Preliminary Approval of Class Action Settlement (Dkt. No. 135) 26 pending the Court’s requested hearing on the data matter. 27 28

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JOINT MOTION FOR HEARING ONf DATA ISSUES RE CLASS ACTION SETTLEMENT Find authenticated court documents without watermarks at docketalarm.com.

Case 4:13-cv-05961-KAW Document 141 Filed 11/20/15 Page 4 of 5

1

IT IS SO STIPULATED.

2 3 DATED: November 20, 2015 4

WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP

5 6

By:

/s/ Eric Levinrad ERIC LEVINRAD Attorneys for Plaintiffs

7 8 9 DATED: November 20, 2015

LATHROP & GAGE, LLP

10 11

By:

/s/ Allison Wallin BETH SCHROEDER LAUREN KATUNICH ALLISON WALLIN (Admitted Pro Hac Vice) Attorneys for T-BIRD RESTAURANT GROUP, INC. and T-BIRD NEVADA, LLC

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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4:13-cv-05961-KAW

JOINT MOTION FOR HEARING ONf DATA ISSUES RE CLASS ACTION SETTLEMENT Find authenticated court documents without watermarks at docketalarm.com.

Case 4:13-cv-05961-KAW Document 141 Filed 11/20/15 Page 5 of 5

[PROPOSED] ORDER

1 2

WHEREFORE upon consideration of the parties’ Joint Motion for Hearing

3 4

on Data Issues re Class Action Settlement, IT IS HEREBY ORDERED that a

5 Hearing on the Data Issues is set for December 17, 2015 at 11:00 AM. On or 6

before December 7, 2015, the parties shall submit a joint brief outlining how, if at

7 8

all, the newly discovered potential class members impact the Court’s prior

9 determination granting preliminary approval of the class action settlement (Dkt. No. 10

135). Additionally, the parties shall provide new proposed future action dates, as

11 12 well as a proposed order setting new action dates. 13 14

It is further ORDERED that all future action dates set forth in the Order Granting Preliminary Approval of Class Action Settlement (Dkt. No. 135) are

15 16 HEREBY SUSPENDED pending the Hearing on the Data Issues as set forth above. 17

IT IS SO ORDERED.

18 19

Dated: November 20, 2015

20 21

KANDIS A. WESTMORE United States Magistrate Judge

22 23 24 25 26 27 28

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4:13-cv-05961-KAW

JOINT MOTION FOR HEARING ONf DATA ISSUES RE CLASS ACTION SETTLEMENT Find authenticated court documents without watermarks at docketalarm.com.