Filed: Nov. 12, 2014
Latest Update: Nov. 12, 2014
Summary: STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT VINCE CHHABRIA, District Judge. Pursuant to the Parties' Court-Ordered Stipulation dated September 15, 2014 (Docket No. 96), Plaintiffs and Defendant Source Refrigeration & HVAC, Inc. ("Source") (collectively, the "Parties") jointly submit this joint status report regarding mediation, which took place as scheduled on November 4, 2014. Plaintiffs (in concert with the plaintiffs in Hamer 1 and Vargas, 2 who are represented by Plainti
Summary: STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT VINCE CHHABRIA, District Judge. Pursuant to the Parties' Court-Ordered Stipulation dated September 15, 2014 (Docket No. 96), Plaintiffs and Defendant Source Refrigeration & HVAC, Inc. ("Source") (collectively, the "Parties") jointly submit this joint status report regarding mediation, which took place as scheduled on November 4, 2014. Plaintiffs (in concert with the plaintiffs in Hamer 1 and Vargas, 2 who are represented by Plaintif..
More
STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT
VINCE CHHABRIA, District Judge.
Pursuant to the Parties' Court-Ordered Stipulation dated September 15, 2014 (Docket No. 96), Plaintiffs and Defendant Source Refrigeration & HVAC, Inc. ("Source") (collectively, the "Parties") jointly submit this joint status report regarding mediation, which took place as scheduled on November 4, 2014.
Plaintiffs (in concert with the plaintiffs in Hamer1 and Vargas,2 who are represented by Plaintiffs' counsel) and Source attended a private mediation before mediator Susan Haldeman on November 4, 2014. In addition, plaintiff in the Meza action3 participated in the mediation. The Parties and Meza engaged in arms-length negotiations over the course of over fourteen hours in an effort to reach a global resolution of Galeener, Hamer, Vargas and Meza (the "Actions"). Prior to mediation, the Parties exchanged significant discovery (both formal and informal), mediation briefs, and damages calculations.
During the mediation, the Parties reached a global settlement in principle to resolve Galeener, Hamer, and Vargas (the "Galeener settlement"). The Galeener settlement proposes to resolve claims asserted on behalf of Source service technicians nationwide on a class and collective action basis. As part of the Galeener settlement, the Parties have agreed that Hamer and Vargas shall be dismissed without prejudice. Mr. Hamer, Mr. Vargas, and possibly other individuals will become plaintiffs in this instant action by stipulated amendment to the complaint.
In addition, Meza and Source reached a settlement in principle to resolve Meza (the "Meza settlement"). The Meza settlement proposes to resolve claims asserted on behalf of Source construction workers (but not service technicians) throughout California on a class action basis. The Meza settlement is therefore on behalf of a discrete group (the construction workers), who are not part of the proposed collective or class in this action.
For each settlement, the parties have executed a binding Memorandum of Understanding/Agreement to reflect the agreement in principle, and negotiations of specific terms of the settlements are now beginning. Both settlements will be filed in court, in a preliminary approval submission, by December 16, 2014. The Galeener settlement will be presented to this Court; the Meza settlement will be presented to Judge Moss in the Orange County Superior Court.
THEREFORE, the Parties respectfully request that the Court:
(1) Take all motion deadlines (including briefing for the Motion to Certify Collective Action) and hearing dates (including the December 11, 2014 hearing) off calendar;
(2) Stay the matter in its entirety; and
(3) Set a deadline for the filing of the class and collective action settlement preliminary approval motion of December 16, 2014.
ORDER
IT IS HEREBY ORDERED that:
(1) In light of the Parties' settlement, all motion deadlines and hearing dates are taken off calendar;
(2) This matter, including discovery, is stayed in its entirety;
(3) The Parties shall file a motion for class and collective action settlement preliminary approval by January 9, 2015.
IT IS SO ORDERED.
