Preview
1 LARRY W. LEE, Bar No. 228175
MAX W. GAVRON, Bar No. 291697 ELECTRONICALLY FILED
2 DIVERSITY LAW GROUP Superior Court of California
515 S. Figueroa St., Suite 1250 County of Santa Barbara
3 Los Angeles, CA 90071
Telephone: (213) 488-6555 Darrel E. Parker, Executive Officer
4 Facsimile: (213) 488-6554 12/18/2020 12:56 PM
By: Elizabeth Spann, Deputy
5 Attorneys for Plaintiff
VICTORIA TICE
6
7 HELENE WASSERMAN, Bar No. 130134
SHANNON R. BOYCE, Bar No. 229041
8 KENNELL M. SAMBOUR, Bar No. 325386
LITTLER MENDELSON, P.C.
9 2049 Century Park East
5th Floor
10 Los Angeles, CA 90067.3107
Telephone: 310.553.0308
11 Fax No.: 310.553.5583
12 Attorneys for Defendant
TRADER JOE’S COMPANY
13
14 SUPERIOR COURT OF CALIFORNIA
15 COUNTY OF SANTA BARBARA
16
VICTORIA TICE, as an individual and on Case No. 20CV00892
17 behalf of all others similarly situated,
CLASS ACTION
18 Plaintiff,
JOINT STIPULATION TO CONTINUE
19 v. HEARING DATE FOR PLAINTIFF’S
MOTION FOR CLASS CERTIFICATION;
20 TRADER JOE’S COMPANY, a [PROPOSED] ORDER
California corporation; and
21 DOES 1 through 50, inclusive, ASSIGNED FOR ALL PURPOSES TO JUDGE
THOMAS P. ANDERLE, DEPT. 3
22 Defendant.
Trial Date: Not set
23 Complaint Filed: February 14, 2020
24
25
26
27
28
LITTLER MEND ELSO N, P.C.
2049 C entury Park East
5th Floor
Los Angeles, CA 90067.3107 JOINT STIPULATION TO CONTINUE HEARING DATE FOR
310.553.0308
PLAINTIFF’S MOTION FOR CLASS CERTIFICATION; [PROPOSED] ORDER
1 TO THE COURT, ALL PARTIES, AND COUNSEL OF RECORD:
2 Plaintiff VICTORIA TICE, as an individual and on behalf of all others similarly situated
3 (“Plaintiff”), and Defendant TRADER JOE’S COMPANY (“Defendant” and together with Plaintiff,
4 the “Parties,”) by and through their counsels of record, HEREBY STIPULATE AND AGREE to a
5 continuance of the hearing date of Plaintiff’s Motion for Class Certification (“Motion”), as follows:
6 WHEREAS, the next Case Management Conference in this matter will take place on April 6,
7 2021, at 8:30 a.m. in Department 3 before the Honorable Judge Thomas P. Anderle;
8 WHEREAS, the Court previously set hearing on Plaintiff’s Motion for Class Certification for
9 June 8, 2021, at 10:00 a.m. in Department 3 before the Honorable Judge Thomas P. Anderle;
10 WHEREAS, the Parties participated in mediation of this case with mediator Gig Kyriacou on
11 November 17, 2020, which was unsuccessful;
12 WHEREAS, Plaintiff propounded pre-certification discovery requests consisting of: Requests
13 for Production of Documents (Set One) and Special Interrogatories (Set One) (the “First Set”) and
14 Requests for Production of Documents (Set Two) and Special Interrogatories (Set Two) (the “Second
15 Set”);
16 WHEREAS, Defendant is in the process of investigating and gathering the information and
17 documents in order to respond to Plaintiff’s pre-certification discovery requests;
18 WHEREAS, Defendant is an Essential Critical Infrastructure Business in the Food and
19 Agriculture Sector;
20 WHEREAS, since March 2020, Defendant has been operating continuously on the frontlines
21 of the COVID-19 Pandemic, working to ensure adequate food supplies for the community and to stem
22 the tide of food shortages;
23 WHEREAS, the COVID-19 virus continues to directly and negatively impact Defendant’s
24 workforce and Defendant’s ability to ensure adequate staffing and food supplies to meet the
25 community’s needs;
26 WHEREAS, since the onset of the COVID-19 Pandemic, Defendant has diverted significant
27 operational and human resources to maintaining its essential critical operations during these
28 unprecedented times;
LITTLER MEND ELSO N, P.C.
1.
2049 C entury Park East
5th Floor
Los Angeles, CA 90067.3107 JOINT STIPULATION TO CONTINUE HEARING DATE FOR
310.553.0308
PLAINTIFF’S MOTION FOR CLASS CERTIFICATION; [PROPOSED] ORDER
1 WHEREAS, despite State, County and local orders, community spread of the COVID-19
2 Pandemic continues to spread, as evidenced by rising numbers of COVID-19 positive cases within the
3 State of California and throughout the nation;
4 WHEREAS, Defendant expects that, in the coming weeks, Defendant’s operations will be even
5 more burdened and impacted
6 WHEREAS, Defendant’s ability to investigate and respond to Plaintiff’s pre-certification
7 discovery has been extremely limited, and will be further impaired by the increased demand and
8 staffing shortages during the busy holiday season;
9 WHEREAS, the Parties, by and through their counsel, have met and conferred and discussed
10 Defendant’s need for more time to investigate and respond to Plaintiff’s pre-certification discovery
11 requests as a result of the concerns outlined above; and
12 WHEREAS, the Parties agree that a short continuance of the June 8, 2020 hearing date on
13 Plaintiff’s Motion for Class Certification (and Plaintiff’s corresponding deadline to file same) will
14 provide the Parties the additional time required to complete pre-certification discovery;
15 THEREFORE, the Parties accordingly stipulate and request that the hearing date for Plaintiffs’
16 Motion (and all corresponding briefing deadlines) be continued for forty-five (45) days, or to a date
17 thereafter that is convenient to this Court.
18
19 Dated: December 17, 2020
20 Larry W. Lee
Max W. Gavron
21 DIVERSITY LAW GROUP
Attorneys for Plaintiffs
22 VICTORIA TICE
23
24
25
26
27
28
LITTLER MEND ELSO N, P.C.
2.
2049 C entury Park East
5th Floor
Los Angeles, CA 90067.3107 JOINT STIPULATION TO CONTINUE HEARING DATE FOR
310.553.0308
PLAINTIFF’S MOTION FOR CLASS CERTIFICATION; [PROPOSED] ORDER
1 Dated: December 18, 2020
2
Helene Wasserman
3 Shannon R. Boyce
Kennell M. Sambour
4 LITTLER MENDELSON, P.C.
Attorneys for Defendant
5 TRADER JOE’S COMPANY
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MEND ELSO N, P.C.
3.
2049 C entury Park East
5th Floor
Los Angeles, CA 90067.3107 JOINT STIPULATION TO CONTINUE HEARING DATE FOR
310.553.0308
PLAINTIFF’S MOTION FOR CLASS CERTIFICATION; [PROPOSED] ORDER
Preview
1 LARRY W. LEE, Bar No. 228175 MAX W. GAVRON, Bar No. 291697 ELECTRONICALLY FILED 2 DIVERSITY LAW GROUP Superior Court of California 515 S. Figueroa St., Suite 1250 County of Santa Barbara 3 Los Angeles, CA 90071 Telephone: (213) 488-6555 Darrel E. Parker, Executive Officer 4 Facsimile: (213) 488-6554 12/18/2020 12:56 PM By: Elizabeth Spann, Deputy 5 Attorneys for Plaintiff VICTORIA TICE 6 7 HELENE WASSERMAN, Bar No. 130134 SHANNON R. BOYCE, Bar No. 229041 8 KENNELL M. SAMBOUR, Bar No. 325386 LITTLER MENDELSON, P.C. 9 2049 Century Park East 5th Floor 10 Los Angeles, CA 90067.3107 Telephone: 310.553.0308 11 Fax No.: 310.553.5583 12 Attorneys for Defendant TRADER JOE’S COMPANY 13 14 SUPERIOR COURT OF CALIFORNIA 15 COUNTY OF SANTA BARBARA 16 VICTORIA TICE, as an individual and on Case No. 20CV00892 17 behalf of all others similarly situated, CLASS ACTION 18 Plaintiff, JOINT STIPULATION TO CONTINUE 19 v. HEARING DATE FOR PLAINTIFF’S MOTION FOR CLASS CERTIFICATION; 20 TRADER JOE’S COMPANY, a [PROPOSED] ORDER California corporation; and 21 DOES 1 through 50, inclusive, ASSIGNED FOR ALL PURPOSES TO JUDGE THOMAS P. ANDERLE, DEPT. 3 22 Defendant. Trial Date: Not set 23 Complaint Filed: February 14, 2020 24 25 26 27 28 LITTLER MEND ELSO N, P.C. 2049 C entury Park East 5th Floor Los Angeles, CA 90067.3107 JOINT STIPULATION TO CONTINUE HEARING DATE FOR 310.553.0308 PLAINTIFF’S MOTION FOR CLASS CERTIFICATION; [PROPOSED] ORDER 1 TO THE COURT, ALL PARTIES, AND COUNSEL OF RECORD: 2 Plaintiff VICTORIA TICE, as an individual and on behalf of all others similarly situated 3 (“Plaintiff”), and Defendant TRADER JOE’S COMPANY (“Defendant” and together with Plaintiff, 4 the “Parties,”) by and through their counsels of record, HEREBY STIPULATE AND AGREE to a 5 continuance of the hearing date of Plaintiff’s Motion for Class Certification (“Motion”), as follows: 6 WHEREAS, the next Case Management Conference in this matter will take place on April 6, 7 2021, at 8:30 a.m. in Department 3 before the Honorable Judge Thomas P. Anderle; 8 WHEREAS, the Court previously set hearing on Plaintiff’s Motion for Class Certification for 9 June 8, 2021, at 10:00 a.m. in Department 3 before the Honorable Judge Thomas P. Anderle; 10 WHEREAS, the Parties participated in mediation of this case with mediator Gig Kyriacou on 11 November 17, 2020, which was unsuccessful; 12 WHEREAS, Plaintiff propounded pre-certification discovery requests consisting of: Requests 13 for Production of Documents (Set One) and Special Interrogatories (Set One) (the “First Set”) and 14 Requests for Production of Documents (Set Two) and Special Interrogatories (Set Two) (the “Second 15 Set”); 16 WHEREAS, Defendant is in the process of investigating and gathering the information and 17 documents in order to respond to Plaintiff’s pre-certification discovery requests; 18 WHEREAS, Defendant is an Essential Critical Infrastructure Business in the Food and 19 Agriculture Sector; 20 WHEREAS, since March 2020, Defendant has been operating continuously on the frontlines 21 of the COVID-19 Pandemic, working to ensure adequate food supplies for the community and to stem 22 the tide of food shortages; 23 WHEREAS, the COVID-19 virus continues to directly and negatively impact Defendant’s 24 workforce and Defendant’s ability to ensure adequate staffing and food supplies to meet the 25 community’s needs; 26 WHEREAS, since the onset of the COVID-19 Pandemic, Defendant has diverted significant 27 operational and human resources to maintaining its essential critical operations during these 28 unprecedented times; LITTLER MEND ELSO N, P.C. 1. 2049 C entury Park East 5th Floor Los Angeles, CA 90067.3107 JOINT STIPULATION TO CONTINUE HEARING DATE FOR 310.553.0308 PLAINTIFF’S MOTION FOR CLASS CERTIFICATION; [PROPOSED] ORDER 1 WHEREAS, despite State, County and local orders, community spread of the COVID-19 2 Pandemic continues to spread, as evidenced by rising numbers of COVID-19 positive cases within the 3 State of California and throughout the nation; 4 WHEREAS, Defendant expects that, in the coming weeks, Defendant’s operations will be even 5 more burdened and impacted 6 WHEREAS, Defendant’s ability to investigate and respond to Plaintiff’s pre-certification 7 discovery has been extremely limited, and will be further impaired by the increased demand and 8 staffing shortages during the busy holiday season; 9 WHEREAS, the Parties, by and through their counsel, have met and conferred and discussed 10 Defendant’s need for more time to investigate and respond to Plaintiff’s pre-certification discovery 11 requests as a result of the concerns outlined above; and 12 WHEREAS, the Parties agree that a short continuance of the June 8, 2020 hearing date on 13 Plaintiff’s Motion for Class Certification (and Plaintiff’s corresponding deadline to file same) will 14 provide the Parties the additional time required to complete pre-certification discovery; 15 THEREFORE, the Parties accordingly stipulate and request that the hearing date for Plaintiffs’ 16 Motion (and all corresponding briefing deadlines) be continued for forty-five (45) days, or to a date 17 thereafter that is convenient to this Court. 18 19 Dated: December 17, 2020 20 Larry W. Lee Max W. Gavron 21 DIVERSITY LAW GROUP Attorneys for Plaintiffs 22 VICTORIA TICE 23 24 25 26 27 28 LITTLER MEND ELSO N, P.C. 2. 2049 C entury Park East 5th Floor Los Angeles, CA 90067.3107 JOINT STIPULATION TO CONTINUE HEARING DATE FOR 310.553.0308 PLAINTIFF’S MOTION FOR CLASS CERTIFICATION; [PROPOSED] ORDER 1 Dated: December 18, 2020 2 Helene Wasserman 3 Shannon R. Boyce Kennell M. Sambour 4 LITTLER MENDELSON, P.C. Attorneys for Defendant 5 TRADER JOE’S COMPANY 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MEND ELSO N, P.C. 3. 2049 C entury Park East 5th Floor Los Angeles, CA 90067.3107 JOINT STIPULATION TO CONTINUE HEARING DATE FOR 310.553.0308 PLAINTIFF’S MOTION FOR CLASS CERTIFICATION; [PROPOSED] ORDER