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Joan Wilkening, Tara Missel v. Gags and Games

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


October 26, 2012

JOAN WILKENING, TARA MISSEL, CHRISTOPHER HUGHES, AND SABRINA GRAHAM, INDIVIDUALLY, AND ON BEHALF OF ALL
OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
GAGS AND GAMES, INC. DOING BUSINESS AS HALLOWEEN CITY, A MICHIGAN CORPORATION, DEFENDANT.

STIPULATED ORDER GRANTING DEFENDANT'S MOTION FOR LEAVE TO CONDUCT THE DEPOSITIONS OF AND SUBPOENA DOCUMENTS FROM PUTATIVE CLASS MEMBER DECLARANTS

A motion by Defendant Gags and Games, Inc. for an order permitting Defendant to 21 conduct the depositions of five putative class members who have submitted declarations in 22 support of Plaintiffs' Motion for Class Certification, and to subpoena records from those same 23 five individuals, came on for hearing before the court on October 26, 2012. Michael Ahmad Esq. appeared telephonically on behalf of plaintiffs. Kent Bradbury Esq. appeared telephonically on behalf of defendant. 27

Having considered the arguments of the parties' respective counsel, all of the pleadings

and papers filed herein, and pursuant to the parties' stipulation, the Court issues the following 4 order: 5

IT IS HEREBY ORDERED that Defendant's motion (Doc. No. 28) is granted.

Defendant may depose five absent putative class members who have submitted declarations in 7 support of Plaintiffs' Motion for Class Certification and are former employees of Defendant. 8 9

Each deposition shall not exceed three hours in duration and shall take place within 100 miles of the witnesses' homes. Each deposition shall be limited in scope to the matters discussed in 11 the Motion for Class Certification and the witnesses' declarations. The parties shall meet and 12 confer regarding which five absent putative class members shall be deposed, and if the parties 13 are unable to reach agreement, the Court shall resolve any issues that remain.

IT IS HEREBY FURTHER ORDERED that Defendant may subpoena the following 15 records from the same five absent putative class members. The parties shall meet and confer 16 17 regarding any issues that arise between the parties and/or absent putative class member regarding the subpoena. If the parties and/or putative class member are unable to reach 19 agreement, the Court shall resolve any issues that remain. 20 21

1. All documents evidencing any fees or charges you incurred through the use of a pay card issued to you by Gags and Games, Inc., doing business as Halloween City ("Halloween City"), with any confidential financial or personal information redacted.

2. All wage statements, whether paper or electronic, for the work you performed for Halloween City.

3. All documents evidencing your ability or inability to view your wage statements on Halloween City's computer(s).

4. All documents evidencing your ability or inability to print your wage statements on Halloween City's printer(s).

5. All documents evidencing your ability or inability to access your pay card account online.

6. All documents and communications you received from a Halloween City employee, manager or supervisor relating to on-call work.

7. All documents relating to how and when you became aware of the date of your last day of work for Halloween City in 2010.

8. All documents relating to how and when you became aware of the date of your last day of work for Halloween City in 2011.

9. All documents evidencing that you were not paid for all hours you worked for Halloween City.

10. All documents evidencing that any employee was not paid for all hours he or she worked for Halloween City.

11. If you ever resigned from your employment with Halloween City, all documents evidencing when you notified Halloween City of your resignation.

IT IS SO ORDERED.

STIPULATED AND AGREED TO BY: DATED: October 19, 2012 LAW OFFICE OF MARY-ALICE COLEMAN 16 LAW OFFICES OF SOHNEN AND KELLY 17 By: /s/ Michael Ahmad (authorized on Oct. 19, 2012) 18 MICHAEL S. AHMAD Attorneys for Plaintiffs JOAN WILKENING, TARA MISSEL, CHRISTOPHER HUGHES, 19 SABRINA GRAHAM, individually, and on behalf of all others similarly situated 20 21 22 DATED: October 19, 2012 FOX ROTHSCHILD LLP 23 24 By: /s/ Tyreen Torner TYREEN TORNER 25 Attorneys for Defendant GAGS AND GAMES, INC.

Ddad1\orders.civil\wilkening1802.stipdepos.doc

20121026

© 1992-2012 VersusLaw Inc.



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