Preview
Shaun Setareh (SBN 204514)
shaun@setarehlaw.com
William M. Pao (SBN 219846)
william@setarehlaw.com
Jose Maria D. Patino, Jr. (SBN 270194)
jose tarehlaw.com
FILED
SETAREH LAW GROUP SAN MATEO COUNTY
315 South Beverly Drive, Suite 315 De
Beverly Hills, California 90212 NOV 020
Telephone: (310) 888-7771
Facsimile: (310) 888-0109 Clerk ot Kcueyh
Attorneys for Plaintiff
KIKI CHESS
Tracy A. Warren (SBN 228013)
twarren@buchalter.com
Kathryn B. Fox (SBN 279705)
10 kfox' buchalter.com
BUC) TER, APC
11 655 West Broadway, Suite 1625
San Diego, California 92101
12 Telephone (619) 219-5335
13 Attorneys for Defendant
MOBILEONE, LLC
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Additional counsel listed on following page.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN MATEO
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COMPLEX CIVIL LITIGATION
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In re MOBILEONE WAGE AND HOUR Judicial Council Coordination Proceedings’
19 CASES, No. JCCP 5039
20 Coordinated Proceeding Special Title (CRC Assigned For All Purposes To:
Rule 3.550) The Honorable Marie S. Weiner,Department 2
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JOINT STIPULATION TO CONTINUE
22 MOTION FOR CLASS CERTIFICATION
HEARING AND ALL RELATED DATES
23 AND DEADLINES; PROPOSEDPORDER
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Complaint Filed: May 30, 2018
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First Amended Consolidated Complaint Filed:
26 March 27, 2020
(ane
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JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERT! 'ICATION HEARING
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David Yeremian (SBN 226337)
david@yeremianlaw.com
Roman Shkodnik (SBN 285152)
roman@yeremianlaw.com
DAVID YEREMIAN & ASSOCIATES, INC.
535 N. Brand Blvd., Suite 705
Glendale, California 91203
Telephone: (818) 230-8380
Facsimile: (818) 230-0308
Walter Haines (SBN 71075)
whaines@eulglaw.com
UNITED EMPLOYEES LAW GROUP, PC
5500 Bolsa Ave., Suite 201
Huntington Beach, CA 92649
Telephone: (310) 652-2242
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Attorneys for Plaintiff
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VIVIAN LY
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JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERTIFICATION HEARING
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‘ JOINT STIPULATION
This Joint Stipulation is entered into by and between Plaintiff Kiki Chess (“Chess”) and
Plaintiff Vivian Ly (“Ly”) (collectively, “Plaintiffs”), and Defendant MobileOne, LLC
(“Defendant” or “MobileOne”, collectively, with Plaintiffs, the “Parties”) to request a continuance
of the deadline for Plaintiffs to file their motion for class certification, for Defendant to file their
opposition, and for Plaintiffs to file their reply, and for the hearing to take place, so that the Parties
may continue negotiations to try to resolve the matter. This Joint Stipulation is based on the
following:
WHEREAS, on April 15, 2019, the Parties attended mediation with Louis Marlin Esq. but
10 were unable to reach a settlement;
i WHEREAS, on January 21, 2020, the Court granted the Parties’ first Joint Stipulation to
12 Continue Motion for Class Certification Hearing and All Related Deadlines due to: (1) Plaintiffs
13 having just received the class list after the Belaire-West process; (2) Plaintiffs’ pending deposition
14 of Defendant’s Person Most Knowledgeable; (3) the Court’s ruling on Defendant’s Motion for
15 Summary Adjudication was still pending;
16 WHEREAS, on February 27, 2020, the Court granted the Parties’ second Joint Stipulation
17 to Continue Motion for Class Certification Hearing and All Related Deadlines since the ruling on
18 Defendant’s Motion for Summary Adjudication had not yet been issued;
19 WHEREAS, on March 30, 2020, the Court granted the Parties’ third Joint Stipilaton to
20 Continue Motion for Class Certification Hearing and All Related Deadlines due to the’ disruptions
21 caused by the COVID-19 pandemic to counsels’ and the Court’s operations;
WHEREAS, on April 13, 2020, Defendant filed a Verified Petition for Writ of Mandate
23 (“Writ”) in the Court of Appeal for the First Appellate District seeking review of this Court’s
24 Order granting in part and denying in part, Defendant’s stipulated facts motion pursuant to
25 California Code of Civil Procedure section 437c(t);
26 WHEREAS, on April 30, 2020, Chess was served with the notice from the Court of
27 Appeal for the First Appellate District requesting that she file a preliminary opposition to the Writ
28 no later than May 15, 2020;
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JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERTIFICATION HEARING
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WHEREAS, on May 5, 2020, Defendant substituted in new counsel;
WHEREAS, on May 11, 2020, Chess filed an application for an extension of time to file
her opposition to the Writ Petition with the Court of Appeal;
WHEREAS, on May 13, 2020, the Court of Appeal granted Chess until June 16, 2020 to
file her opposition to the Writ Petition;
WHEREAS, on June 8, 2020, the Court granted the Parties’ fourth Joint Stipulation to
Vacate the Motion for Class Certification Hearing and All Related Dates and Deadlines,
temporarily staying the action pending the decision of the Court of Appeal;
WHEREAS, on July 2, 2020, the Court of Appeal denied Defendant's Writ Petition;
10 WHEREAS, on July 6, 2020, the Court lifted the temporary stay;
11 WHEREAS, on July 28, 2020, a Case Management Conference was held before the Court
12 where all Parties indicated that they are willing to participate in mediation, and the Court ordered
13 the Parties to select a mediator, ordered that Plaintiffs shall file their Motion for Class
14 Certification on or before September 11, 2020, and set a briefing schedule;
15 WHEREAS, the Parties attended mediation with the Hon. Leo S. Papas Ret) on October
16 8, 2020, in a good-faith effort to informally resolve this consolidated action, but were unable to
17 resolve the matter;
18 WHEREAS, on October 22, 2020, the Parties filed a Joint Case Management requesting
19 that the Court set dates for class certification;
20 WHEREAS, on October 26, 2020, the Court set the following dates related to Plants’
21 motion for class certification:
22 Plaintiffs’ Motion for Class Certification December 14, 2020
23 Defendant’s Opposition January 28, 2021
24 Plaintiffs’ Reply March 13, 2021
25 Hearing on Motion for Class Certification April 6, 20211 at 2:00 p.m:
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27 WHEREAS, the Parties have continued to engage to informally’ resolve this action; and
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4. {i
JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERTIFICATION HEARING
Sd NL
WHEREAS the Parties believe that continued negotiations may result in resolution of this
matter.
IT IS HEREBY STIPULATED by and between Plaintiffs and Defendant, through their
respective counsel of record, that the filing deadline for Plaintiffs’ Motion for Class Certification,
for Defendant to file their opposition, and for Plaintiffs to file their reply, and for the hearing to be
continued at least sixty (60) days or at a time thereafter that is most convenient for the Court, and
propose the following dates:
Plaintiffs’ Motion for Class Certification February 12, 2021
Defendant’s Opposition March 29, 2021
10 Plaintiffs’ Reply- May 12, 2021
11 Hearing on Motion for Class Certification June 4, 2021 at 2:00 p.m.
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14 IT IS SO STIPULATED.
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16 DATED: November _11, 2020 SETAREH LAW GROUP
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18 /s/ William M. Pao
SHAUN SETAREH
19 WILLIAM M. PAO
JOSE MARIA D. PATINO, JR...
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Attorneys for Plaintiff.
KIKI CHESS
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DATED: November 11, 2020 DAVID YEREMIAN & ASSOCIATES
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25 /s/ Roman Shkodnik
26 DAVID YEREMIAN
ROMAN SHKODNIK
27 Attorneys for Plaintiff
VIVIAN LY
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JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERTIFICATION HEARING
DATED: November 11, 2020 BUCHALTER, APC
/s/ Kathryn B. Fox
TRACY A. WARREN
KATHRYN B: FOX
Attorneys for Defendant
MOBILEONE, LLC
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JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERTIFICATION HEARING
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1 [PROPOSED] ORDER
2 Upon considering the Joint Stipulation submitted by iy é Parties, and good cause appearing
3 || therefor, the Court hereby orders as follows:
4 The briefing schedule and Hearing, for Plainti Motion for Class Certification shall be
5 || continued to:
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7 All other dates and deadlines scheduléd shall remain the same as currently set. /
IT IS SO ORDERED.
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Dated:
12 HON. MARIE S. WEINER
JUDGE OF THE SUPERIOR COURT
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JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERTIF! CATION HEARING”
Preview
Shaun Setareh (SBN 204514) shaun@setarehlaw.com William M. Pao (SBN 219846) william@setarehlaw.com Jose Maria D. Patino, Jr. (SBN 270194) jose tarehlaw.com FILED SETAREH LAW GROUP SAN MATEO COUNTY 315 South Beverly Drive, Suite 315 De Beverly Hills, California 90212 NOV 020 Telephone: (310) 888-7771 Facsimile: (310) 888-0109 Clerk ot Kcueyh Attorneys for Plaintiff KIKI CHESS Tracy A. Warren (SBN 228013) twarren@buchalter.com Kathryn B. Fox (SBN 279705) 10 kfox' buchalter.com BUC) TER, APC 11 655 West Broadway, Suite 1625 San Diego, California 92101 12 Telephone (619) 219-5335 13 Attorneys for Defendant MOBILEONE, LLC 14 Additional counsel listed on following page. 15 SUPERIOR COURT OF THE STATE OF CALIFORNIA 16 COUNTY OF SAN MATEO 17 COMPLEX CIVIL LITIGATION 18 In re MOBILEONE WAGE AND HOUR Judicial Council Coordination Proceedings’ 19 CASES, No. JCCP 5039 20 Coordinated Proceeding Special Title (CRC Assigned For All Purposes To: Rule 3.550) The Honorable Marie S. Weiner,Department 2 21 JOINT STIPULATION TO CONTINUE 22 MOTION FOR CLASS CERTIFICATION HEARING AND ALL RELATED DATES 23 AND DEADLINES; PROPOSEDPORDER 24 Complaint Filed: May 30, 2018 25 First Amended Consolidated Complaint Filed: 26 March 27, 2020 (ane -1- JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERT! 'ICATION HEARING . a~ ~ vad fou LoThl Ne David Yeremian (SBN 226337) david@yeremianlaw.com Roman Shkodnik (SBN 285152) roman@yeremianlaw.com DAVID YEREMIAN & ASSOCIATES, INC. 535 N. Brand Blvd., Suite 705 Glendale, California 91203 Telephone: (818) 230-8380 Facsimile: (818) 230-0308 Walter Haines (SBN 71075) whaines@eulglaw.com UNITED EMPLOYEES LAW GROUP, PC 5500 Bolsa Ave., Suite 201 Huntington Beach, CA 92649 Telephone: (310) 652-2242 10 Attorneys for Plaintiff ll VIVIAN LY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- ' JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERTIFICATION HEARING ~ / ‘ JOINT STIPULATION This Joint Stipulation is entered into by and between Plaintiff Kiki Chess (“Chess”) and Plaintiff Vivian Ly (“Ly”) (collectively, “Plaintiffs”), and Defendant MobileOne, LLC (“Defendant” or “MobileOne”, collectively, with Plaintiffs, the “Parties”) to request a continuance of the deadline for Plaintiffs to file their motion for class certification, for Defendant to file their opposition, and for Plaintiffs to file their reply, and for the hearing to take place, so that the Parties may continue negotiations to try to resolve the matter. This Joint Stipulation is based on the following: WHEREAS, on April 15, 2019, the Parties attended mediation with Louis Marlin Esq. but 10 were unable to reach a settlement; i WHEREAS, on January 21, 2020, the Court granted the Parties’ first Joint Stipulation to 12 Continue Motion for Class Certification Hearing and All Related Deadlines due to: (1) Plaintiffs 13 having just received the class list after the Belaire-West process; (2) Plaintiffs’ pending deposition 14 of Defendant’s Person Most Knowledgeable; (3) the Court’s ruling on Defendant’s Motion for 15 Summary Adjudication was still pending; 16 WHEREAS, on February 27, 2020, the Court granted the Parties’ second Joint Stipulation 17 to Continue Motion for Class Certification Hearing and All Related Deadlines since the ruling on 18 Defendant’s Motion for Summary Adjudication had not yet been issued; 19 WHEREAS, on March 30, 2020, the Court granted the Parties’ third Joint Stipilaton to 20 Continue Motion for Class Certification Hearing and All Related Deadlines due to the’ disruptions 21 caused by the COVID-19 pandemic to counsels’ and the Court’s operations; WHEREAS, on April 13, 2020, Defendant filed a Verified Petition for Writ of Mandate 23 (“Writ”) in the Court of Appeal for the First Appellate District seeking review of this Court’s 24 Order granting in part and denying in part, Defendant’s stipulated facts motion pursuant to 25 California Code of Civil Procedure section 437c(t); 26 WHEREAS, on April 30, 2020, Chess was served with the notice from the Court of 27 Appeal for the First Appellate District requesting that she file a preliminary opposition to the Writ 28 no later than May 15, 2020; 3- JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERTIFICATION HEARING we WHEREAS, on May 5, 2020, Defendant substituted in new counsel; WHEREAS, on May 11, 2020, Chess filed an application for an extension of time to file her opposition to the Writ Petition with the Court of Appeal; WHEREAS, on May 13, 2020, the Court of Appeal granted Chess until June 16, 2020 to file her opposition to the Writ Petition; WHEREAS, on June 8, 2020, the Court granted the Parties’ fourth Joint Stipulation to Vacate the Motion for Class Certification Hearing and All Related Dates and Deadlines, temporarily staying the action pending the decision of the Court of Appeal; WHEREAS, on July 2, 2020, the Court of Appeal denied Defendant's Writ Petition; 10 WHEREAS, on July 6, 2020, the Court lifted the temporary stay; 11 WHEREAS, on July 28, 2020, a Case Management Conference was held before the Court 12 where all Parties indicated that they are willing to participate in mediation, and the Court ordered 13 the Parties to select a mediator, ordered that Plaintiffs shall file their Motion for Class 14 Certification on or before September 11, 2020, and set a briefing schedule; 15 WHEREAS, the Parties attended mediation with the Hon. Leo S. Papas Ret) on October 16 8, 2020, in a good-faith effort to informally resolve this consolidated action, but were unable to 17 resolve the matter; 18 WHEREAS, on October 22, 2020, the Parties filed a Joint Case Management requesting 19 that the Court set dates for class certification; 20 WHEREAS, on October 26, 2020, the Court set the following dates related to Plants’ 21 motion for class certification: 22 Plaintiffs’ Motion for Class Certification December 14, 2020 23 Defendant’s Opposition January 28, 2021 24 Plaintiffs’ Reply March 13, 2021 25 Hearing on Motion for Class Certification April 6, 20211 at 2:00 p.m: 26 27 WHEREAS, the Parties have continued to engage to informally’ resolve this action; and 28 4. {i JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERTIFICATION HEARING Sd NL WHEREAS the Parties believe that continued negotiations may result in resolution of this matter. IT IS HEREBY STIPULATED by and between Plaintiffs and Defendant, through their respective counsel of record, that the filing deadline for Plaintiffs’ Motion for Class Certification, for Defendant to file their opposition, and for Plaintiffs to file their reply, and for the hearing to be continued at least sixty (60) days or at a time thereafter that is most convenient for the Court, and propose the following dates: Plaintiffs’ Motion for Class Certification February 12, 2021 Defendant’s Opposition March 29, 2021 10 Plaintiffs’ Reply- May 12, 2021 11 Hearing on Motion for Class Certification June 4, 2021 at 2:00 p.m. 12 13 14 IT IS SO STIPULATED. 15 16 DATED: November _11, 2020 SETAREH LAW GROUP - 17 18 /s/ William M. Pao SHAUN SETAREH 19 WILLIAM M. PAO JOSE MARIA D. PATINO, JR... 20 ' Attorneys for Plaintiff. KIKI CHESS 21 22 DATED: November 11, 2020 DAVID YEREMIAN & ASSOCIATES 24 25 /s/ Roman Shkodnik 26 DAVID YEREMIAN ROMAN SHKODNIK 27 Attorneys for Plaintiff VIVIAN LY 28 -5- JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERTIFICATION HEARING DATED: November 11, 2020 BUCHALTER, APC /s/ Kathryn B. Fox TRACY A. WARREN KATHRYN B: FOX Attorneys for Defendant MOBILEONE, LLC 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 -6- JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERTIFICATION HEARING / 1 [PROPOSED] ORDER 2 Upon considering the Joint Stipulation submitted by iy é Parties, and good cause appearing 3 || therefor, the Court hereby orders as follows: 4 The briefing schedule and Hearing, for Plainti Motion for Class Certification shall be 5 || continued to: f ' 6 7 All other dates and deadlines scheduléd shall remain the same as currently set. / IT IS SO ORDERED. 10 11 Dated: 12 HON. MARIE S. WEINER JUDGE OF THE SUPERIOR COURT 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- : JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERTIF! CATION HEARING”