STIPULATION AND ORDER RE CONSOLIDATION OF BELL AND HENRY AND CONTINUANCE OF CLASS NOTICE DEADLINES

JOHN A. MENDEZ, District Judge.

STIPULATION

Defendant Home Depot U.S.A. ("Defendant") and plaintiffs Sandy Bell and Martin Gama ("Plaintiffs") (collectively "Parties"), through their counsel of record, enter into this stipulation regarding consolidation of Henry v. Home Depot U.S.A., Inc, No. 2:16-cv-02102-MCE-AC ("Henry"), and Bell v. Home Depot U.S.A., Inc., No. 2:12-cv-02499-JAM-CKD ("Bell"):

1. WHEREAS, on August 31, 2016, the Honorable Jon S. Tigar, U.S. District Judge for the Northern District of California, granted Home Depot's motion to transfer Henry to the Eastern District of California, finding that the Henry and Bell actions now present the "exact same legal issue: whether Home Depot's midnight clock-out policy deprived its employees of overtime in violation of California law" and that transfer was necessary to "promote ... efficiency" and "avoid the risk of inconsistent judicial decisions." See Henry August 31, 2016 Order, N.D. Cal. Case No. 3:14-cv-04858-JST, Dkt # 85, at 7-8. On September 2, 2016, Henry was transferred to the Eastern District of California, and assigned to Judge Morrison C. England, Jr.

2. WHEREAS, all of the parties in Bell and Henry agree that consolidation of the two actions before Judge John A. Mendez is necessary to promote efficiency, judicial economy, and avoid the risk of inconsistent judgments. The parties in Henry will file a stipulation in that action seeking to reassign Henry to Judge Mendez to effect consolidation.

3. WHEREAS, the parties further agree that, to prevent confusion to class members and the need to reissue class notices if the actions are consolidated, the current deadlines relating to class notice in Bell, as reflected in the Court's June 16, 2016 Order (Dkt. # 119), should be vacated until after the Court enters an order addressing consolidation of Bell and Henry.

NOW, THEREFORE, the parties hereby stipulate and agree as follows:

1. That the deadlines set forth in the Court's June 16, 2016 Order shall be continued as follows:

a. October 3, 2016 — Deadline for parties to lodge proposed class notice;

b. October 10, 2016 — Deadline for parties to submit competing versions of class notice if parties cannot agree on content of class notice;

c. October 17, 2016 — Deadline for defendant to send class list to class counsel;

d. October 24, 2016 — Deadline for Court to approve class notice;

e. November 14, 2016 — Deadline for class notice to be mailed to class members.

2. That Bell and Henry should be consolidated for all purposes before Judge John A. Mendez, and that all future filings shall be made only in Case No. 2:12-cv-02499-JAM-CKD.

ORDER

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED:

1. That the deadlines set forth in this Court's June 16, 2016 Order are hereby continued as follows:

a. October 3, 2016 — Deadline for parties to lodge proposed class notice;

b. October 10, 2016 — Deadline for parties to submit competing versions of class notice if parties cannot agree on content of class notice;

c. October 17, 2016 — Deadline for defendant to send class list to class counsel;

d. October 24, 2016 — Deadline for Court to approve class notice;

e. November 14, 2016 — Deadline for class notice to be mailed to class members.

2. That Bell and Henry are hereby consolidated for all purposes before Judge John A. Mendez, and all future filings shall be made only in Case No. 2:12-cv-02499-JAM-CKD.