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Jonathan Ricasa (SBN 223550)
jricasa@ricasalaw.com
LAW OFFICE OF JONATHAN RICASA
15760 Ventura Boulevard, Suite 700
Encino, California 91436
Telephone: (818) 650-8077
Facsimile: (818) 301-5151
Attorney for Plaintiff Caneisha Howell
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
DOWNTOWN SUPERIOR COURT (DTS)
Caneisha Howell, individually and on behalf
of all others similarly situated,
Plaintiff,
Case No. 18CV331580
HRG 09/06/19 JOINT CASE
MANAGEMENT CONFERENCE
STATEMENT
Hon. Thomas E. Kuhnle
Dept. 5
Date: September 6, 2019
Time: 10:00 a.m.
Place: Dept. 5
191 North First Street
San Jose, California 95113-1090
Complaint filed: July 18, 2018
Trial date: None
Vv.
Drybar Holdings LLC, and Does One
through Ten,
Defendants.
ee eee
)
The parties submit this Joint Case Management Conference Statement.
The parties remain unable to resolve this matter.
Plaintiff contends that the Perera v. Drybar Holding LLC settlement releases the claims of the
putative class members in this case only up until February 7, 2019. Plaintiff has information that the
Defendant continues to violate California’s rules for reporting time pay, which is the crux of this case.
Plaintiff intends to amend her complaint to modify the class definition to include: all former and current
1
JOINT CASE MANAGEMENT CONFERENCE STATEMENTcocooouU WN DUH FF WN
nonexempt, hourly employees of Drybar Holdings LLC who either (1) worked during the period July
18, 2014 to the present and did not waive the wage and hour claims on their behalf in the Perera Class
Action Settlement, and/or (2) worked after the Post-Perera Class Period (after February 7, 2019).
Accordingly, Plaintiff requests that, at the further status conference, the Court set deadlines
relating to mediation completion, pre-certification discovery, class action motion practice, and any other
law-and-motion deadlines that the parties and the Court deem appropriate. Alternatively, if Defendant
intends to file a dispositive motion within the next 30 days, Plaintiff has no objection to keeping the case
stayed until a ruling on the Defendant’s anticipated motion.
Contrastingly, Defendant renews its request that the Court continue its stay of this matter
pending threshold procedural issues. Specifically, on August 30, 2019, the Superior Court of California,
County of Los Angeles in Perera v. Drybar Holding LLC granted final approval of a class action
settlement which fully subsumes all claims and putative class members identified in the instant matter.
Of 4,378 settlement class members in Perera, only five (one of whom is Plaintiff in this matter) filed
requests for exclusion from the Perera settlement. As a former employee, Plaintiff will not have
standing to bring any claims against the Company.
Accordingly, Defendant promptly intends on moving for dismissal of the entirety of Plaintiff's
complaint based on the preclusive impact of the Perera settlement and asks that the Court lift the stay of
this case for the limited purpose of allowing the parties to brief this dispositive issue. Defendant believes
that this threshold issue should be address before the parties engage in discovery or other machinations
of litigation.
Dated: Sept. 3.2019 Law Office of Jonathan Ricasa
4 AAA, Ceram
Mathan Ricasa
Attorney for Plaintiff Caneisha Howell
Dated: Set 3.2019 Littler Mendelson, PC
K. Kayvan Iradjpanah
Attorneys for Defendant Drybar Holdings LLC
2
JOINT CASE MANAGEMENT CONFERENCE STATEMENTCoO mW N DN Fe WY HS
NM NY VY NY WY NY NY DW RO mm es
on Dn Fw NH S$ ODO wOeN DN F&F WYP
PROOF OF SERVICE
I am attorney for the plaintiff(s) herein, over the age of eighteen years, and not a party to the within
action. My business address is Law Office of Jonathan Ricasa, 15760 Ventura Boulevard, Suite 700,
Encino, California 91436. On September 3, 2019, I served the within documents: HRG 09/06/19
JOINT CASE MANAGEMENT CONFERENCE STATEMENT.
I caused such to be delivered by fax to:
Nia.
I am readily familiar with the Firm’s practice of collection and processing correspondence for mailing.
Under that practice it would be deposited with the U.S. Postal Service on that same day with postage
thereon fully prepaid in the ordinary course of business, addressed as follows:
K. Kayvan Iradjpanah
Littler Mendelson, PC
2049 Century Park East, 5th Floor
Los Angeles, California 90067-3107
I declare under penalty of perjury that the above is true and correct. Executed on September 3, 2019,
at Encino, California.
gaits icasa
3
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
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ron nw Bh WwW DH 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jonathan Ricasa (SBN 223550) jricasa@ricasalaw.com LAW OFFICE OF JONATHAN RICASA 15760 Ventura Boulevard, Suite 700 Encino, California 91436 Telephone: (818) 650-8077 Facsimile: (818) 301-5151 Attorney for Plaintiff Caneisha Howell SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT (DTS) Caneisha Howell, individually and on behalf of all others similarly situated, Plaintiff, Case No. 18CV331580 HRG 09/06/19 JOINT CASE MANAGEMENT CONFERENCE STATEMENT Hon. Thomas E. Kuhnle Dept. 5 Date: September 6, 2019 Time: 10:00 a.m. Place: Dept. 5 191 North First Street San Jose, California 95113-1090 Complaint filed: July 18, 2018 Trial date: None Vv. Drybar Holdings LLC, and Does One through Ten, Defendants. ee eee ) The parties submit this Joint Case Management Conference Statement. The parties remain unable to resolve this matter. Plaintiff contends that the Perera v. Drybar Holding LLC settlement releases the claims of the putative class members in this case only up until February 7, 2019. Plaintiff has information that the Defendant continues to violate California’s rules for reporting time pay, which is the crux of this case. Plaintiff intends to amend her complaint to modify the class definition to include: all former and current 1 JOINT CASE MANAGEMENT CONFERENCE STATEMENTcocooouU WN DUH FF WN nonexempt, hourly employees of Drybar Holdings LLC who either (1) worked during the period July 18, 2014 to the present and did not waive the wage and hour claims on their behalf in the Perera Class Action Settlement, and/or (2) worked after the Post-Perera Class Period (after February 7, 2019). Accordingly, Plaintiff requests that, at the further status conference, the Court set deadlines relating to mediation completion, pre-certification discovery, class action motion practice, and any other law-and-motion deadlines that the parties and the Court deem appropriate. Alternatively, if Defendant intends to file a dispositive motion within the next 30 days, Plaintiff has no objection to keeping the case stayed until a ruling on the Defendant’s anticipated motion. Contrastingly, Defendant renews its request that the Court continue its stay of this matter pending threshold procedural issues. Specifically, on August 30, 2019, the Superior Court of California, County of Los Angeles in Perera v. Drybar Holding LLC granted final approval of a class action settlement which fully subsumes all claims and putative class members identified in the instant matter. Of 4,378 settlement class members in Perera, only five (one of whom is Plaintiff in this matter) filed requests for exclusion from the Perera settlement. As a former employee, Plaintiff will not have standing to bring any claims against the Company. Accordingly, Defendant promptly intends on moving for dismissal of the entirety of Plaintiff's complaint based on the preclusive impact of the Perera settlement and asks that the Court lift the stay of this case for the limited purpose of allowing the parties to brief this dispositive issue. Defendant believes that this threshold issue should be address before the parties engage in discovery or other machinations of litigation. Dated: Sept. 3.2019 Law Office of Jonathan Ricasa 4 AAA, Ceram Mathan Ricasa Attorney for Plaintiff Caneisha Howell Dated: Set 3.2019 Littler Mendelson, PC K. Kayvan Iradjpanah Attorneys for Defendant Drybar Holdings LLC 2 JOINT CASE MANAGEMENT CONFERENCE STATEMENTCoO mW N DN Fe WY HS NM NY VY NY WY NY NY DW RO mm es on Dn Fw NH S$ ODO wOeN DN F&F WYP PROOF OF SERVICE I am attorney for the plaintiff(s) herein, over the age of eighteen years, and not a party to the within action. My business address is Law Office of Jonathan Ricasa, 15760 Ventura Boulevard, Suite 700, Encino, California 91436. On September 3, 2019, I served the within documents: HRG 09/06/19 JOINT CASE MANAGEMENT CONFERENCE STATEMENT. I caused such to be delivered by fax to: Nia. I am readily familiar with the Firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business, addressed as follows: K. Kayvan Iradjpanah Littler Mendelson, PC 2049 Century Park East, 5th Floor Los Angeles, California 90067-3107 I declare under penalty of perjury that the above is true and correct. Executed on September 3, 2019, at Encino, California. gaits icasa 3 JOINT CASE MANAGEMENT CONFERENCE STATEMENT