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Gillespie v. Verizon, 2:18-cv-02429-TLN-DB. (2019)

Court: District Court, E.D. California Number: infdco20190614701 Visitors: 4
Filed: Jun. 13, 2019
Latest Update: Jun. 13, 2019
Summary: JOINT STIPULATION AND ORDER RE FURTHER STAY OF ACTION TROY L. NUNLEY , District Judge . This Joint Stipulation is submitted by Plaintiff Jessica Gillespie ("Plaintiff") and Defendant Cellco Partnership d/b/a Verizon Wireless ("Cellco"), which is named as "Cellco Partnership," and improperly named as "Verizon, an unknown corporate entity" in Plaintiff's First Amended Complaint (Plaintiff and Cellco are referred to as the "Parties"). Plaintiff and Cellco stipulate and jointly request that th
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JOINT STIPULATION AND ORDER RE FURTHER STAY OF ACTION

This Joint Stipulation is submitted by Plaintiff Jessica Gillespie ("Plaintiff") and Defendant Cellco Partnership d/b/a Verizon Wireless ("Cellco"), which is named as "Cellco Partnership," and improperly named as "Verizon, an unknown corporate entity" in Plaintiff's First Amended Complaint (Plaintiff and Cellco are referred to as the "Parties").

Plaintiff and Cellco stipulate and jointly request that the Court issue an order of a further stay of these proceedings in their entirety while the parties continue to pursue mediation and settlement discussions.

1. This class action was filed on September 4, 2018 (Dkt. 1); the Complaint alleges a single cause of action for violation of California Labor Code § 226 based on allegations that Cellco failed to provide accurate itemized wage statements to certain of its non-exempt employees. Plaintiff filed a First Amended Complaint on October 24, 2018 (Dkt. 10), adding a claim for penalties under the Private Attorneys General Act, California Labor Code § 2698, et seq. ("PAGA").

2. On November 5, 2018, the Court entered an order staying this action and vacating all deadlines, pursuant to the stipulation of Plaintiff and Cellco. (Dkt. 12.) The Parties stipulated that good cause existed to stay all proceedings in this action to avoid potentially unnecessary litigation efforts and expenses given that this action alleged class definitions and claims that overlapped those in a similar action, Farid Harchegani and Mohamed Elhosainy, individually and on behalf of others similarly situated v. Cellco Partnership, Inc. dba Verizon Wireless, a Delaware Partnership; AirTouch Cellular, Inc. dba Verizon Wireless, a California Corporation; and DOES 1-20, inclusive, Case No. 37-2017-000199977-CU-OE-CTL ("Harchegani Action"). (Dkts. 11 and 12.)

3. The stay ordered by the Court on November 5, 2018 lifted effective May 30, 2019 pursuant to the Court's order. (Dkt. 12.)

4. The parties have completed a mediation as indicated in their prior stipulation (Dkt. 11), however they have not yet reached a settlement and are continuing to discuss settlement terms and a potential resolution of this action.

5. The parties stipulate and jointly request that the Court enter a further order staying these proceedings in their entirety for an additional period, through and including June 28, 2019. This will allow the parties additional time to engage in settlement negotiations and attempt to resolve this action without the need for further litigation.

6. The parties stipulate and agree that good cause exists to further stay all proceedings in this action to avoid potentially unnecessary litigation efforts.

7. The parties therefore STIPULATE and request that the Court order as follows:

a. This action is stayed until June 28, 2019 in its entirety. b. The stay in this case will lift on June 29, 2019, unless extended by the Court. c. The stay through June 28, 2019 is without prejudice to the parties' rights to seek a further stay at that time on any applicable grounds, including the overlap between this action and the Harchegani Action pending in state court. d. Upon lifting of the stay, Cellco's answer or other responsive pleading in response to the Complaint will be due on July 15, 2019, unless that date is extended by the Court.

IT IS SO STIPULATED.

Dated: June 10, 2019 DIVERSITY LAW GROUP, P.C. By: /s/Larry W. Lee (as authorized 6/8/19) Larry W. Lee Attorneys for Plaintiff and the Class JESSICA GILLESPIE Dated: June 10, 2019 JONES DAY By: /s/Steven M. Zadravecz Steven M. Zadravecz Attorneys for Defendant CELLCO PARTNERSHIP

ORDER

Pursuant to the Parties' Stipulation, IT IS SO ORDERED.

Source:  Leagle

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