On May 29, 2020 a
Opposition to Motion filed Electronically - Walmart's Opposition to Motion to Vacate Judgment
was filed
involving a dispute between
Flores, Manuel,
and
Walmart, Inc A Delaware Corporation, A California,
for Employment - Complex
in the District Court of San Bernardino County.
Preview
GREENBERG TRAURIG, LLP ELECTRONICALLY FILED (Autd)
Robert J. Herrington (SBN 234417) SUPERIOR COURT OF CALIFORNIA
Matthew R. Gershman (SBN 253031) COUNTY OF SAN BERNARDIND
Alex Linhardt (SBN 303669) 11/14/2023 2:58 PM
1840 Century Park East, 19" Floor
Los Angeles, CA 90067
Telephone: (310) 586-7700
Facsimile: (310) 586-7800
Email: herringtonr@gtlaw.com
linhardta@gtlaw.com
Naomi G. Beer (admitted pro hac vice)
1144 15th St., Suite 3300
10 Denver, CO 80202
Telephone: (303) 572-6500
11 Facsimile: (303) 572-6540
12 Email: BeerN@gtlaw.com
13 Attorneys
for Defendants Walmart Inc. and Wal-Mart Associates, Inc.
14 SUPERIOR COURT FOR THE STATE OF CALIFORNIA
15
FOR THE COUNTY OF SAN BERNARDINO
16
17 MANUEL FLORES, on behalfof the CASE NO. CIVDS2023061
18 general public as private attorney general, [consolidated with CIVSB2117018, CIVDS2023061]
19
Complex Case
20
Plaintiff,
Assigned to the Hon. David E. Driscoll
21 V.
Dept. S22—SBJC
22 WALMART INC., a Delaware
WALMART’S OPPOSITION TO MOTION TO
23 corporation, a California corporation and
VACATE JUDGMENT
DOES | through 50, inclusive,
24
Date: November 22, 2023
25 Defendants.
Time: 8:30 a.m.
26 DEAN WALTZ, an individual, on behalf of Place: Department S22
himself and on behalf of all persons
27
similarly situated,
28
Plaintiff,
29
30 V.
31 WAL-MART ASSOCIATES, INC., et al.
32
Defendants.
33
WALMART’S OPPOSITION TO MOTION TO VACATE JUDGMENT
ACTIVE 691396491
TABLE OF CONTENTS
INTRODUCTION
IL FACTUAL AND PROCEDURAL BACKGROUND
A The Hamilton/Hernandez, Carr/Wicker, and Rosas Actions
1 Hamilton I (Hamilton Class and Hernandez Class and PAGA)
2 Hamilton IT..
Carr/Wicker.
4 Rosas.......
The Settlement Approval Process in This Action.
10 Objectors’ Counsel’s Prior Attempts to Interfere with Settlement of thi Case 10
11 Judge Ortiz Overrules the Objections, Finally Approves the Settlement, and
Enters Final Judgment 11
12 After Judge Ortiz Enters the Final Judgment, the Deputy Clerk Mails Notice of
13 Department $22’s Related Case Order 11
After Notice of Reassignment to this Department, the Failed Intervenors and
14 Objectors Bring a Motion Before Department S22 Seeking to Vacate Judge
15 Ortiz’s Judgment 11
16 Til. THE COURT SHOULD DENY THE MOTION TO VACATE. 12
17 Movants Noticed Their Motion In The Wrong Department (S22). 12
18 The Motion Only Seeks Vacatur—Not Entry Of A Different Judgment—And
Thus Fails On Its Face. 13
19 The Motion Offers Nothing New That The Court Did Not Already Consider And
20 Reject At The Final Settlement Approval Stage. 13
Chelsea Hamilton, Claudia Carr, And Lashawna Wicker Have No Standing To
21 Move To Vacate The Judgment As Concerns Final Approval Of The Class Action
22 Settlement 18
23 IV. CONCLUSION 18
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31
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33 2
WALMART’S OPPOSITION TO MOTION TO VACATE JUDGMENT
ACTIVE 691396491
Document Filed Date
November 14, 2023
Case Filing Date
May 29, 2020
Category
Employment - Complex
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