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Charles Coleman, Keith Craft, Jorge "George" Romero v. Office Depot

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


November 26, 2012

CHARLES COLEMAN, KEITH CRAFT, JORGE "GEORGE" ROMERO,
GARY TSANG, ADRIAN VILCHEZ, AND MARKISS YBARRA,
PLAINTIFFS,
v.
OFFICE DEPOT, INC., AND DOES 1 THROUGH 20, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: The Honorable Charles R. Breyer United States District Court Judge

KLETTER LAW FIRM Cary Kletter 2 ckletter@kletterlaw.com Sally Trung Nguyen 3 snguyen@kletterlaw.com 1900 S. Norfolk Street, Suite 350 4 San Mateo, CA 94403 Tel: 415.434.3400 5 Attorneys for Plaintiff 6 CHARLES COLEMAN, KEITH CRAFT, JORGE "GEORGE" ROMERO, GARY TSANG, ADRIAN 7 VILCHEZ, MARKISS YBARRA, STEVEN RHODES, and DEE SALAZAR 8 MORGAN, LEWIS & BOCKIUS LLP 9 BARBARA J. MILLER (SBN 167223) barbara.miller@morganlewis.com 10 JENNIFER L. BRADFORD (SBN 203871) jbradford@morganlewis.com 11 5 Park Plaza, Suite 1750 Irvine, CA 92614 12 Tel: 949.399.7000 Fax: 949.399.7001 13 Attorneys for Defendant 14 OFFICE DEPOT, INC. 15

ADMINISTRATIVE MOTION TO 20 CONSIDER WHETHER CASES STIPULATION REGARDING SAME SHOULD BE RELATED; AND ORDER TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:

PLEASE TAKE NOTICE THAT the parties in the above-entitled action, pursuant to Northern District of California Civil Local Rules 3-12 and 7-11, hereby move this Court for an 4 order relating the case entitled Salazar v. Office Depot, Inc., Case No. 12-CV-05244 KAW, 5 pending before Magistrate Judge Kandis A. Westmore (the "Salazar Action"), to the above 6 entitled action and re-assigning the Salazar Action from Magistrate Judge Kandis A. Westmore's 7 docket to Judge Charles R. Breyer's docket. In addition, the parties hereby move this Court for 8 an order consolidating the Salazar Action with the above-entitled action for all purposes. 9

This Administrative Motion is based on the accompanying Stipulation.

STIPULATION

Plaintiffs CHARLES COLEMAN, KEITH CRAFT, GARY TSANG, ADRIAN VILCHEZ, JORGE "GEORGE" ROMERO, MARKIS YBARRA, STEVEN RHODES and DEE 4 SALAZAR and Defendant OFFICE DEPOT, INC., through their counsel of record, hereby 5 stipulate as follows: 6

WHEREAS, Plaintiffs CHARLES COLEMAN, KEITH CRAFT, GARY TSANG, ADRIAN VILCHEZ, JORGE "GEORGE" ROMERO and MARKIS YBARRA have a suit 8 against Defendant OFFICE DEPOT, INC. currently pending in this Court before Judge Charles 9 R. Breyer, entitled Tsang, et al. v. Office Depot, Inc,. Case No. 12-CV-00427 CRB (the 10 "Previously Filed Action"); 11

WHEREAS, Plaintiff STEVEN RHODES has a suit against Defendant OFFICE DEPOT, INC. currently pending in this Court before Judge Charles R. Bryer, entitled Rhodes v. Office 13 Depot, Inc., Case No. 12-CV-02767 CRB (the "Rhodes Action"); 14

WHEREAS, this Court previously entered an order relating the Rhodes Action to the Previously Filed Action; 16

WHEREAS, Plaintiff DEE SALAZAR has a suit against OFFICE DEPOT, INC. currently 17 pending in this Court before Magistrate Judge Kandis A. Westmore, entitled Salazar v. Office 18 Depot, Inc., Case No. 12-CV-05244 KAW (the "Salazar Action"); 19

WHEREAS, Plaintiff DEE SALAZAR has asserted misclassification and other wage and 20 hour claims in the Salazar action that are substantially the same as those asserted by Plaintiffs 21 CHARLES COLEMAN, KEITH CRAFT, GARY TSANG, ADRIAN VILCHEZ, JORGE 22 "GEORGE" ROMERO, MARKIS YBARRA and STEVEN RHODES in the Previously Filed 23 Action and the Rhodes Action; 24

WHEREAS, Plaintiffs CHARLES COLEMAN, KEITH CRAFT, GARY TSANG, ADRIAN VILCHEZ, JORGE "GEORGE" ROMERO and MARKIS YBARRA's Second 26 Amended Complaint in the Previously Filed Action includes, inter alia, the following claims: (1) 27 Failure to Pay Wages for All Hours Worked in Violation of California Labor Code Sections 201, 28 202, and 203; (2) Failure to Pay All Overtime Earned for Hours Worked in Violation of 2 California Labor Code Sections 510 and 1194 and IWC Wage Orders; (3) Failure to Provide Meal 3 and Rest Periods in Violation of California Labor Code Sections 226.7 and 512 and IWC Wage 4 Orders; (4) Violation of California Labor Code Sections 204 and 210; (5) Failure to Provide an 5 Itemized Wage Statement in Violation of Labor Code Section 226(e); (6) Civil Penalties Under 6 California Labor Code Section 558; (7) Unlawful, Unfair, and Fraudulent Business Practices in 7 Violation of California Business and Professions Code Sections 17200 and 17203, et. seq.; (8) 8 Breach of Employment Contract; (9) Violation of the California Labor Code Private Attorneys 9 General Act of 2004, California Labor Code Section 2698, et seq.; (10) Breach of the Covenant of 10 Good Faith and Fair Dealing; and (11) Liquidated Damages Pursuant to California Labor Code 11 Section 1194.2; 12

WHEREAS, Plaintiff STEVEN RHODES's Complaint in the Rhodes Action includes the 13 following claims: (1) Failure to Pay Wages for All Hours Worked in Violation of California 14 Labor Code Sections 201, 202, and 203; (2) Failure to Pay All Overtime Earned for Hours 15 Worked in Violation of California Labor Code Sections 510 and 1194 and IWC Wage Orders; (3) 16 Failure to Provide Meal and Rest Periods in Violation of California Labor Code Sections 226.7 17 and 512 and IWC Wage Orders; (4) Violation of California Labor Code Sections 204 and 210; (5) 18 Failure to Provide an Itemized Wage Statement in Violation of Labor Code Section 226(e); (6) 19 Civil Penalties Under California Labor Code Section 558; (7) Unlawful, Unfair, and Fraudulent 20 Business Practices in Violation of California Business and Professions Code Sections 17200 and 21 17203, et. seq.; (8) Breach of Employment Contract; (9) Breach of the Covenant of Good Faith 22 and Fair Dealing; and (10) Liquidated Damages Pursuant to California Labor Code Section 23 1194.2;

WHEREAS, Plaintiff DEE SALAZAR's Complaint in the Salazar Action includes the 25 following claims: (1) Failure to Pay Wages for All Hours Worked in Violation of California 26 Labor Code Sections 201, 202, and 203; (2) Failure to Pay All Overtime Earned for Hours 27 Worked in Violation of California Labor Code Sections 510 and 1194 and IWC Wage Orders; (3) 28 Failure to Provide Meal and Rest Periods in Violation of California Labor Code Sections 226.7 2 and 512 and IWC Wage Orders; (4) Violation of California Labor Code Sections 204 and 210; (5) 3 Failure to Provide an Itemized Wage Statement in Violation of Labor Code Section 226(e); (6) 4 Civil Penalties Under California Labor Code Section 558; (7) Unlawful, Unfair, and Fraudulent 5 Business Practices in Violation of California Business and Professions Code Sections 17200 and 6 17203, et. seq.; (8) Breach of Employment Contract; (9) Breach of the Covenant of Good Faith 7 and Fair Dealing; and (10) Liquidated Damages Pursuant to California Labor Code Section 8 1194.2; 9

WHEREAS, the basis for Plaintiffs CHARLES COLEMAN, KEITH CRAFT, GARY TSANG, ADRIAN VILCHEZ, JORGE "GEORGE" ROMERO and MARKIS YBARRA's wage 11 and hour claims in the Previously Filed Action is that Defendant OFFICE DEPOT, INC. 12 purportedly misclassified them as exempt employees when they held the position of Store 13 Manager; 14

WHEREAS, the basis for Plaintiff STEVEN RHODES's wage and hour claims in the Rhodes Action is that Defendant OFFICE DEPOT, INC. purportedly misclassified him as an 16 exempt employee when he held the position of Store Manager; 17

WHEREAS, the basis for Plaintiff DEE SALAZAR's wage and hour claims in the Salazar Action is that Defendant OFFICE DEPOT, INC. purportedly misclassified her as an 19 exempt employee when she held the position of Store Manager; 20

WHEREAS, Plaintiff DEE SALAZAR is represented in the Salazar Action by the same 21 counsel, Kletter Law Firm, as is representing Plaintiffs CHARLES COLEMAN, KEITH CRAFT, 22 GARY TSANG, ADRIAN VILCHEZ, JORGE "GEORGE" ROMERO, MARKIS YBARRA, 23 and STEVEN RHODES in the Previously Filed Action and the Rhodes Action; 24 WHEREAS, Defendant OFFICE DEPOT, INC. is represented in the Salazar Action by 25 the same counsel, Morgan, Lewis & Bockius LLP, as is representing Defendant OFFICE DEPOT, 26 INC. in the Previously Filed Action and the Rhodes Action; 27

WHEREAS, substantially the same issues of fact and law exist in the Salazar Action as exist in the Previously Filed Action and the Rhodes Action; 2

WHEREAS, there will be an unduly burdensome duplication of labor and expense or 3 conflicting results if the cases are conducted before different Judges; 4

WHEREAS, the Previously Filed Action and this action are related cases as defined in Northern District of California Civil Local Rule 3-12; 6

WHEREAS, as matters of judicial economy and avoiding inconsistent rulings on 7 substantially the same questions of fact and law favor consolidation of the Salazar Action into the 8 Previously Filed Action; 9

WHEREAS, counsel for all parties in both actions have agreed to consolidate the newly 10 filed Salazar Action into the Previously Filed Action; 11

WHEREAS, no trial date has been set in either action; and

WHEREAS, none of the parties would be prejudiced by this consolidation.

THEREFORE, IT IS HEREBY STIPULATED AND AGREED pursuant to Northern District of California Civil Local Rules 3-12 and 7-11: 15

1. That the Salazar Action and the Previously Filed Action are related;

2. That the Salazar Action shall be re-assigned from Magistrate Judge Kandis A. Westmore's docket to Judge Charles R. Breyer's docket; and

3. That the Salazar Action shall be consolidated with the Previously Filed Action before Judge Charles R. Breyer for all purposes.

Dated: November 13, 2012 KLETTERLAWFIRM CARY KLETTER SALLY TRUNG NGUYEN By: /s/ Cary Kletter Cary Kletter Attorneys for Plaintiffs CHARLES COLEMAN, KEITH CRAFT, JORGE "GEORGE" ROMERO, GARY TSANG, ADRIAN VILCHEZ, MARKISS YBARRA, STEVEN RHODES, and DEE SALAZAR Dated: November 13, 2012 MORGAN, LEWIS & BOCKIUS LLP BARBARA J. MILLER JENNIFER L. BRADFORD By: /s/ Jennifer L. Bradford Jennifer L. Bradford Attorneys for Defendant OFFICE DEPOT, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case No. 12-CV-00427 CRB 11

CHARLES COLEMAN, KEITH CRAFT, JORGE "GEORGE" ROMERO, GARY TSANG, ADRIAN VILCHEZ, and [PROPOSED] ORDER REGARDING 12 MARKISS YBARRA, ADMINISTRATIVE MOTION TO Plaintiffs, BE RELATED CONSIDER WHETHER CASES SHOULD v. OFFICE DEPOT, INC., and DOES 1 THROUGH 20, inclusive, 16 Defendants.

Pursuant to the stipulation of the parties, and for good cause shown, IT IS HEREBY ORDERED as follows: 20

1. The case entitled Salazar v. Office Depot, Inc., Case No. C 12-CV-05244 KAW, pending before Magistrate Judge Kandis A. Westmore (the "Salazar Action"), is 22 related to the above-entitled case;

2. The Salazar Action is re-assigned from Magistrate Judge Kandis A. Westmore's 24 docket to Judge Charles R. Breyer's docket; and

3. The Salazar Action is consolidated with the above-entitled case for all purposes.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20121126

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