Filed: Apr. 18, 2014
Latest Update: Apr. 18, 2014
Summary: STIPULATION REGARDING WITHDRAWAL OF MOTION TO INTERVENE,; [PROPOSED] ORDER JON S. TIGAR, District Judge. STIPULATION REGARDING WITHDRAWAL OF MOTION TO INTERVENE Pursuant to Civil Local Rule 7-12, Defendants WINCO FOODS, LLC and WINCO HOLDINGS, INC. (collectively "Defendants" or "WinCo") and Plaintiff PHYLLIS W. CHENG, in her official capacity as DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING ("DFEH") stipulate to the following: 1. On January 17, 2014, DFEH filed a Moti
Summary: STIPULATION REGARDING WITHDRAWAL OF MOTION TO INTERVENE,; [PROPOSED] ORDER JON S. TIGAR, District Judge. STIPULATION REGARDING WITHDRAWAL OF MOTION TO INTERVENE Pursuant to Civil Local Rule 7-12, Defendants WINCO FOODS, LLC and WINCO HOLDINGS, INC. (collectively "Defendants" or "WinCo") and Plaintiff PHYLLIS W. CHENG, in her official capacity as DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING ("DFEH") stipulate to the following: 1. On January 17, 2014, DFEH filed a Motio..
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STIPULATION REGARDING WITHDRAWAL OF MOTION TO INTERVENE,; [PROPOSED] ORDER
JON S. TIGAR, District Judge.
STIPULATION REGARDING WITHDRAWAL OF MOTION TO INTERVENE
Pursuant to Civil Local Rule 7-12, Defendants WINCO FOODS, LLC and WINCO HOLDINGS, INC. (collectively "Defendants" or "WinCo") and Plaintiff PHYLLIS W. CHENG, in her official capacity as DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING ("DFEH") stipulate to the following:
1. On January 17, 2014, DFEH filed a Motion to Intervene in the case entitled Stowers v. WinCo Foods, LLC, et al., Case No. 3:13-cv-02631-THE ("Stowers"), currently pending before the Northern District of California. On January 24, 2014, DFEH filed on amended Motion to Intervene. In support of its Motion, DFEH argues that it has a protectable interest in enforcing the statutes allegedly violated in Stowers, which § not adequately represented by the existing private party and may be impaired if intervention is denied.
2. On January 31, 2014, DFEH filed the lawsuit entitled, Phyllis W. Cheng in her official capacity as Director of the California Department of Fair Employment and Housing, v. WinCo Foods, LLC and WinCo Holdings, LLC, case no. CV-14-0483 JST ("Cheng").
3. On February 7, 2014, Defendants filed their opposition to DFEH's Motion to Intervene, arguing that the allegations of DFEH's Complaint-In-Intervention are different than those alleged in Stowers's Complaint, and DFEH's Complaint-In-Intervention would impermissibly expand the scope of the Stowers litigation.
4. On February 14, 2014, DFEH filed its Reply Brief in support of its Motion to Intervene.
5. On March 3, 2014, the Court held oral argument on DFEH's Motion to Intervene. The Court took DFEH's Motion under submission pending Stowers's filing of an amended complaint.
6. DFEH agrees to withdraw its pending Motion to Intervene in Stowers without prejudice in exchange for all of the following:
a. Defendants agree they will not, in the Cheng matter or in any other action brought by the DFEH involving the same fully-healed or leave policies the DFEH alleges are unlawful in Cheng, cite to, refer to or otherwise use against DFEH or the Cheng Real Parties in Interest any determinations made by the Stowers Court regarding those allegedly unlawful fully-healed or leave policies ("policy determinations"). However, Defendants may cite or refer to such policy determinations in direct response to DFEH's or a Real Party in Interest's citation or reference to such policy determinations.
b. Defendants agree they will not oppose DFEH filing amicus briefs in Stowers relating to any issues regarding the allegedly unlawful fully-healed or leave policies described in Paragraph 5.a.
c. WinCo will send DFEH a courtesy copy of all notices of deposition in the Stowers matter and will not object to DFEH's attendance at those depositions. This obligation does not extend to any depositions during which there is no reasonable expectation that the allegedly unlawful fully-healed or leave policies described in Paragraph 5.a. will be a topic of examination. The Parties agree that if DFEH chooses to attend, a maximum of two DFEH attorneys may attend each deposition. DFEH's participation in any such depositions will be limited to attendance and observation only. DFEH may not ask questions of any witnesses during such depositions and will not interpose objections to questions asked during the deposition. The depositions will not count as depositions taken by DFEH in the Cheng matter.
7. DFEH and Defendants agree that in the event DFEH were to re-file its Motion to Intervene in Stowers, this stipulation would be rendered void.
SIGNATURE ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document has been obtained from the other signatures.
Pursuant to stipulation, IT IS SO ORDERED.
In case number 14-cv-00463, is part of this order shall be continued as limiting the authority of Judge Tizar to consider, rely upon, or cite any decision of Judge Henderson.
IT IS SO ORDERED.
