On February 14, 2020 a
Order
was filed
involving a dispute between
Tice, Victoria,
and
Trader Joe'S Company,
for Unlimited Other Employment (15)
in the District Court of Santa Barbara County.
Preview
FOR COURT USE ONL Y
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
STREET ADDRESS: 1100 Anacapa Street SUPE
PERIOR g0
L
MAILING ADDRESS: COUNTY ofnJTCX BAlfiggriaAN‘A
CITY AND ZIP CODE: Santa Barbara, CA 93101
BRANCH NAME: Santa Barbara -Anacapa JUN 2 3 2020
PLA'NT'FF'. .
Victoria
. .
TIce
Barr-I Pa «Es-e w” 0:30.,
.
'
Bv
vs ca S! 9" em
DEFENDANT‘‘
Trader Joe’s Company
CASE NUMBER:
CASE MANAGEMENT CONFERENCE ORDER #20CV00892
A case management conference was conducted in this case on 6/23/20 before the undersigned judge.
At the conclusion of the conference, THE COURT ORDERED THE FOLLOWING:
l. The Court finds that the amount in controversy in this case is over $50,000. The parties
are ordered to attend a further case management orientation and early settlement session
(CMADRESS) with a court-approved Special Master/ Mediator appointed by the CADRe
director. There will be no fees charged by the assigned Special Master/Mediator for the
required attendance time at this conference which will be at least 90 minutes and no more
than 2 hours, at the option of the Special Master/Mediator. Following the conference, the
parties may elect to continue additional mediation with the Special Master by making
separate arrangements for additional time at the Mediator’s private rates. The parties are
charged with the responsibility of setting up the orientation session, which must be held by
October 26, 2020. If the parties need additional time to hold the CMADRESS session, they
should present to the Mandatory Settlement Conference Judge a stipulation setting forth
good cause for the continuance.
The Court recognizes there are very experienced lawyers on this case; the foregoing ADR
format will be waived if ,the lawyers set early ADR to be completed on or before October
26, 2020 with a “mediator” of their choice. Keep the coordinator advised of your decision
to use the Court’s Special Master.
The CMADRESS coordinator is Vance Saukko: vsaukko@sbcourts.org.
2. Plaintiffs’ CMCS reports: This is a wage and hour class action. Plaintiff asserts class
wide claims for violation of Labor Code sections 201-203. Plaintiff also seeks civil penalties
pursuant to California Labor Code Section 2698, et seq. Plaintiff seeks penalties, pursuant
to Labor Code Sections 201-203, for Defendant’s failure to pay putative class members all
wages due and owing upon separation from employment in circumstances where
Defendant paid employees their final wages on pay cards without prior authorization.
Plaintiff also seeks civil penalties as set forth in California Labor Code Section 2698, et seq,
attorneys’ fees, and costs. Recently, the Parties have discussed the possibility of early
mediation, and are working to schedule a session. This is a wage and hour class action.
Plaintiff respectfully asks that the court set a trial date after the class has been certified; 3-
4 day court trial; Plaintiff will move for class certification at the appropriate time. Plaintiff
requests that the Court set another case management conference in approximately 120
days to allow the Parties to focus on mediating this action.
There are good lawyers in this case; the Court prefers not to schedule “another CMC.”
3. Defendant’s CMCS reports: Plaintiff alleges Defendant violated Labor Code §§ 201-203
by issuing final wages through paycards without authorization and for which putative class
members allegedly incurred fees. Defendant denies the claims and denies that Plaintiff, or
other current or former employees, are entitled to any recovery. Defendant further denies
that this matter is suitable for class or representative treatment. Due to COVID-l9-related
disruptions, their impact on Defendant's operations, and the briefing schedule for
certification and MSJ, Defendant does not anticipate being ready for trial until spring
2022. Trial time 2-4 days on an individual basis; 15-30 days on a representative/class basis;
Defendant reserves the right to bifurcate the liability and damages phases at trial.
Defendant anticipates opposing Plaintiff's expected motion for class certification, filing a
motion for decertification (if necessary), and possibly a motion for summary judgment.
Defendant requests that discovery be bifurcated, with the initial phase focusing only on
issues related to class certification. The Parties discussed bifurcating discovery for pre-class
certification and post-class certification purposes. Plaintiff's counsel indicated they were
generally agreeable to treating discovery in these two phases. The Parties are interested in
pursuing mediation and have agreed to a stay of discovery once a mediator is confirmed
and a date set.
The Court does not oppose a stay of discovery provided the dates set below for class
certification are met. The Court invites a stipulation on the issue of bifurcation to be filed
within 60 days if that is the agreement, please.
5. There will not be a Mandatory Settlement Conference in this case because the lawyers have said
they will go to private mediation.
6. This case is set for trial on the issue of class certification on June 81 2021, at 11:30 a.m. in
this department. The lawyers shall agree on a proposed briefing schedule. [The Court will
accommodate the defense trial calendar; but this date isotherwise firm.] The trial date for
the underlying case will be set on June 8.
7. This is a HEARING ON CLASS CERTIFICATION and will be held at 10 am on June 8.
Plaintiff’s Trial Counsel will be Larry W. Lee; Max W. Gavron; William L. Marder
Defendant’s Trial Counsel will be Helene Wasserman; Shannon R. Boyce; Kennell M.
Sambour
EMAIL ADDRESSES: bill@polarislawgroup.com; hwasserman@littler.com;
sbovce@littler.com; lwlee@diversitvlaw.com; mgavron@diversitvlaw.com;
8. The final CMCO was emailed from the courtroom and thus notice is waived.
9. Other orders: The Court’s Expert Witness Guidelines and the attached Timelines for
Submission of Trial Documents were distributed.
10. The next Case Management Conference will be at 8:30 am on April 6, 2021 to discuss
the final discovery schedule for class certification; counsel to meet and confer prior thereto
to provide the schedule to the Court in their CMCSs.
Dated: 6/23/20 Thomas .Anderle
Judge of the Superior Court
Document Filed Date
June 23, 2020
Case Filing Date
February 14, 2020
Category
Unlimited Other Employment (15)
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FOR COURT USE ONL Y SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: 1100 Anacapa Street SUPE PERIOR g0 L MAILING ADDRESS: COUNTY ofnJTCX BAlfiggriaAN‘A CITY AND ZIP CODE: Santa Barbara, CA 93101 BRANCH NAME: Santa Barbara -Anacapa JUN 2 3 2020 PLA'NT'FF'. . Victoria . . TIce Barr-I Pa «Es-e w” 0:30., . ' Bv vs ca S! 9" em DEFENDANT‘‘ Trader Joe’s Company CASE NUMBER: CASE MANAGEMENT CONFERENCE ORDER #20CV00892 A case management conference was conducted in this case on 6/23/20 before the undersigned judge. At the conclusion of the conference, THE COURT ORDERED THE FOLLOWING: l. The Court finds that the amount in controversy in this case is over $50,000. The parties are ordered to attend a further case management orientation and early settlement session (CMADRESS) with a court-approved Special Master/ Mediator appointed by the CADRe director. There will be no fees charged by the assigned Special Master/Mediator for the required attendance time at this conference which will be at least 90 minutes and no more than 2 hours, at the option of the Special Master/Mediator. Following the conference, the parties may elect to continue additional mediation with the Special Master by making separate arrangements for additional time at the Mediator’s private rates. The parties are charged with the responsibility of setting up the orientation session, which must be held by October 26, 2020. If the parties need additional time to hold the CMADRESS session, they should present to the Mandatory Settlement Conference Judge a stipulation setting forth good cause for the continuance. The Court recognizes there are very experienced lawyers on this case; the foregoing ADR format will be waived if ,the lawyers set early ADR to be completed on or before October 26, 2020 with a “mediator” of their choice. Keep the coordinator advised of your decision to use the Court’s Special Master. The CMADRESS coordinator is Vance Saukko: vsaukko@sbcourts.org. 2. Plaintiffs’ CMCS reports: This is a wage and hour class action. Plaintiff asserts class wide claims for violation of Labor Code sections 201-203. Plaintiff also seeks civil penalties pursuant to California Labor Code Section 2698, et seq. Plaintiff seeks penalties, pursuant to Labor Code Sections 201-203, for Defendant’s failure to pay putative class members all wages due and owing upon separation from employment in circumstances where Defendant paid employees their final wages on pay cards without prior authorization. Plaintiff also seeks civil penalties as set forth in California Labor Code Section 2698, et seq, attorneys’ fees, and costs. Recently, the Parties have discussed the possibility of early mediation, and are working to schedule a session. This is a wage and hour class action. Plaintiff respectfully asks that the court set a trial date after the class has been certified; 3- 4 day court trial; Plaintiff will move for class certification at the appropriate time. Plaintiff requests that the Court set another case management conference in approximately 120 days to allow the Parties to focus on mediating this action. There are good lawyers in this case; the Court prefers not to schedule “another CMC.” 3. Defendant’s CMCS reports: Plaintiff alleges Defendant violated Labor Code §§ 201-203 by issuing final wages through paycards without authorization and for which putative class members allegedly incurred fees. Defendant denies the claims and denies that Plaintiff, or other current or former employees, are entitled to any recovery. Defendant further denies that this matter is suitable for class or representative treatment. Due to COVID-l9-related disruptions, their impact on Defendant's operations, and the briefing schedule for certification and MSJ, Defendant does not anticipate being ready for trial until spring 2022. Trial time 2-4 days on an individual basis; 15-30 days on a representative/class basis; Defendant reserves the right to bifurcate the liability and damages phases at trial. Defendant anticipates opposing Plaintiff's expected motion for class certification, filing a motion for decertification (if necessary), and possibly a motion for summary judgment. Defendant requests that discovery be bifurcated, with the initial phase focusing only on issues related to class certification. The Parties discussed bifurcating discovery for pre-class certification and post-class certification purposes. Plaintiff's counsel indicated they were generally agreeable to treating discovery in these two phases. The Parties are interested in pursuing mediation and have agreed to a stay of discovery once a mediator is confirmed and a date set. The Court does not oppose a stay of discovery provided the dates set below for class certification are met. The Court invites a stipulation on the issue of bifurcation to be filed within 60 days if that is the agreement, please. 5. There will not be a Mandatory Settlement Conference in this case because the lawyers have said they will go to private mediation. 6. This case is set for trial on the issue of class certification on June 81 2021, at 11:30 a.m. in this department. The lawyers shall agree on a proposed briefing schedule. [The Court will accommodate the defense trial calendar; but this date isotherwise firm.] The trial date for the underlying case will be set on June 8. 7. This is a HEARING ON CLASS CERTIFICATION and will be held at 10 am on June 8. Plaintiff’s Trial Counsel will be Larry W. Lee; Max W. Gavron; William L. Marder Defendant’s Trial Counsel will be Helene Wasserman; Shannon R. Boyce; Kennell M. Sambour EMAIL ADDRESSES: bill@polarislawgroup.com; hwasserman@littler.com; sbovce@littler.com; lwlee@diversitvlaw.com; mgavron@diversitvlaw.com; 8. The final CMCO was emailed from the courtroom and thus notice is waived. 9. Other orders: The Court’s Expert Witness Guidelines and the attached Timelines for Submission of Trial Documents were distributed. 10. The next Case Management Conference will be at 8:30 am on April 6, 2021 to discuss the final discovery schedule for class certification; counsel to meet and confer prior thereto to provide the schedule to the Court in their CMCSs. Dated: 6/23/20 Thomas .Anderle Judge of the Superior Court