FILED Superior Court of California County of Los Angeles February 3, 2023 Clerk of the Court
By: /s/ M. Gutierrez, Deputy
Case No. 22STCV38214 Case No. 22STCV39501
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES — CENTRAL DISTRICT
MARISOL FUENTES, individually and on behalf of all others similarly situated,
Plaintiff,
v.
AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive,
Defendants.
Case No. 22STCV38214
[Lead Case]
DEREK HALLORAN, individually and on behalf of all others similarly situated,
Plaintiff,
v.
AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive,
Defendants.
Case No. 22STCV39501
[Consolidated Case]
ORDER GRANTING CONSOLIDATION
Department 34 Hon. Raymond Escobedo, Presiding
The Stipulation and [Proposed] Order Re: Consolidation filed jointly by the parties on January 27, 2023, came on regularly before this Court, the Honorable Raymond Escobedo presiding in Department 34 of the above-entitled Court. The Court, having reviewed the Stipulation, the records, pleadings, and files in both of the above-captioned actions, and good cause appearing therefor, makes the following findings and enters the following Order:
RECITALS AND FINDINGS
1. Plaintiff Marisol Fuentes, by and through her counsel of record, Castellano Byrne & Salas LLP (Marco Castellano, State Bar No. 198422), filed the action captioned Fuentes v. Aurelius Media Americas Inc., Case No. 22STCV38214, in the Superior Court of the State of California, County of Los Angeles — Central District, on November 1, 2022. The operative complaint in that action asserts putative class action and representative claims arising from alleged systematic violations of California wage-and-hour laws.
2. Plaintiff Derek Halloran, by and through his counsel of record, Castellano Byrne & Salas LLP (Marco Castellano, State Bar No. 198422), filed the action captioned Halloran v. Aurelius Media Americas Inc., Case No. 22STCV39501, in the Superior Court of the State of California, County of Los Angeles — Central District, on November 18, 2022. The operative complaint in that action similarly asserts putative class action and representative claims arising from alleged systematic violations of California wage-and-hour laws.
3. Defendant Aurelius Media Americas Inc. ("AMA") is a Delaware corporation qualified to do business in the State of California, with its principal office located at 8500 Sunset Boulevard, Suite 1400, West Hollywood, California 90069. AMA is represented in both of the above-captioned actions by its counsel of record, Calderwood & Harkness LLP (Renata Vasquez, State Bar No. 224578; Devon Archer, State Bar No. 301462), 777 South Flower Street, Suite 4200, Los Angeles, California 90017.
4. Both actions involve the same defendant, Aurelius Media Americas Inc., and are represented by the same counsel for plaintiffs (Castellano Byrne & Salas LLP) and the same counsel for defendant (Calderwood & Harkness LLP).
5. Both actions arise from the same or substantially the same set of operative facts — specifically, allegations that AMA systematically violated California wage-and-hour laws with respect to its non-exempt, hourly employees employed at AMA's California production facilities during the relevant class period. The putative class in both actions is defined as all current and former non-exempt, hourly employees of AMA who worked in the State of California during the applicable class period.
6. Both actions assert substantially identical claims, including, without limitation, the following:
(a) Failure to pay overtime wages in violation of California Labor Code §§ 510 and 1198;
(b) Failure to pay minimum wages in violation of California Labor Code §§ 1194, 1197, and 1197.1;
(c) Failure to provide meal periods in violation of California Labor Code §§ 226.7 and 512;
(d) Failure to authorize and permit rest periods in violation of California Labor Code § 226.7;
(e) Failure to furnish accurate, itemized wage statements in violation of California Labor Code § 226;
(f) Unfair business practices in violation of California Business & Professions Code § 17200, et seq. (the Unfair Competition Law, or "UCL");
(g) Violations of applicable Industrial Welfare Commission Wage Orders, primarily IWC Wage Order No. 12 — Motion Picture Industry; and
(h) Representative claims for civil penalties under the Private Attorneys General Act of 2004 ("PAGA"), California Labor Code §§ 2698–2699.8.
7. The Court finds that both actions involve common questions of law and fact within the meaning of California Code of Civil Procedure § 1048(a). Consolidation of these two related actions will promote judicial economy, avoid unnecessary duplication of proceedings and the attendant expense to the parties and the Court, eliminate the risk of inconsistent or contradictory rulings or judgments, and otherwise serve the interests of justice and convenience of the parties.
8. Good cause appearing for consolidation pursuant to California Code of Civil Procedure § 1048(a), and the parties having stipulated to consolidation and the terms set forth below, the Court exercises its discretion and grants consolidation as set forth herein.
ORDER. Based upon the foregoing recitals and findings, and for good cause shown, IT IS HEREBY ORDERED as follows:
1. Consolidation Granted. The action captioned Halloran v. Aurelius Media Americas Inc., Case No. 22STCV39501, is hereby CONSOLIDATED with the action captioned Fuentes v. Aurelius Media Americas Inc., Case No. 22STCV38214, for all purposes, including, but not limited to, discovery, law and motion proceedings, all pretrial proceedings, and trial. From this date forward, the consolidated action shall proceed under the caption of the lead case as set forth in Paragraph 2 below.
2. Lead Case Designation. Case No. 22STCV38214 (Fuentes v. Aurelius Media Americas Inc.) is hereby designated as the lead case in the consolidated action. All references to the consolidated action shall be made using Lead Case No. 22STCV38214.
3. Future Filings. All future papers, pleadings, motions, briefs, declarations, discovery requests and responses, and any other filings in the consolidated action shall be filed exclusively in Case No. 22STCV38214. The caption on all such filings shall reference both the lead case number and the consolidated case number (i.e., "Case No. 22STCV38214 (Lead Case); consolidated with Case No. 22STCV39501"). No further filings shall be made in Case No. 22STCV39501, and the Clerk of the Court is directed to note the consolidation on the docket in Case No. 22STCV39501 and to cross-reference all further activity to Lead Case No. 22STCV38214.
4. Consolidated Amended Complaint. Plaintiffs shall file a Consolidated Amended Complaint in Lead Case No. 22STCV38214 within twenty (20) days of the date of this Order. The Consolidated Amended Complaint shall name Marisol Fuentes, Derek Halloran, and Yesenia Padilla as named plaintiffs in the consolidated action, and shall supersede the individual complaints previously filed in Case No. 22STCV38214 and Case No. 22STCV39501. The Consolidated Amended Complaint shall set forth all claims asserted in the consolidated action and shall comply with all applicable requirements of the California Code of Civil Procedure and the California Rules of Court.
5. Assignment. This consolidated matter is assigned for all purposes — including all pretrial proceedings, law and motion practice, discovery disputes, and trial — to the Honorable Raymond Escobedo, Department 34, Superior Court of the State of California, County of Los Angeles — Central District, located at the Stanley Mosk Courthouse, 111 North Hill Street, Los Angeles, California 90012.
6. Responsive Pleading Deadline. Defendant Aurelius Media Americas Inc. shall have thirty (30) days from the date of filing of the Consolidated Amended Complaint to file its responsive pleading, whether by answer, demurrer, motion to strike, or other responsive filing as permitted by law. This deadline shall be calculated in accordance with the applicable provisions of the California Code of Civil Procedure.
IT IS SO ORDERED.
Dated: February 3, 2023
________________________________________
HON. RAYMOND ESCOBEDO Judge of the Superior Court Department 34
CLERK'S CERTIFICATE OF FILING
I, the undersigned Clerk of the Superior Court of the State of California, County of Los Angeles, hereby certify that the foregoing Order Granting Consolidation was filed in the records of this Court on February 3, 2023, and that copies have been entered on the dockets in the following cases:
Case No. 22STCV38214 — Fuentes v. Aurelius Media Americas Inc. (Lead Case) Case No. 22STCV39501 — Halloran v. Aurelius Media Americas Inc. (Consolidated Case)
Clerk of the Court
By: /s/ M. Gutierrez, Deputy Clerk
Court copy retained in Calderwood & Harkness LLP matter file — C&H Matter No. 1017-00004.