SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES — CENTRAL DISTRICT
STIPULATION AND [PROPOSED] ORDER RE: CONSOLIDATION OF RELATED ACTIONS
PART I: STIPULATION
The undersigned parties, by and through their respective counsel of record, hereby stipulate and agree to the consolidation of the above-captioned actions as set forth below.
I. IDENTIFICATION OF PARTIES AND COUNSEL
Plaintiff Marisol Fuentes is an individual residing in the County of Los Angeles, State of California, who brings this action individually and on behalf of all others similarly situated. Plaintiff Fuentes appears by and through her attorneys of record, Castellano Byrne & Salas LLP (Marco Castellano, State Bar No. 198422; Diane Salas), 11755 Wilshire Boulevard, Suite 900, Los Angeles, California 90025, Telephone: (310) 555-4210, Facsimile: (310) 555-4211.
Co-Counsel for Plaintiffs on PAGA Claims. Veltrano Employment Law Group PC (Sandra Higuera, State Bar No. 217893), 350 South Grand Avenue, Suite 2800, Los Angeles, California 90071, Telephone: (213) 555-8800, Facsimile: (213) 555-8801, serves as co-counsel for Plaintiffs with respect to all claims asserted under the Private Attorneys General Act of 2004, California Labor Code sections 2698 through 2699.8 ("PAGA"), in both the Fuentes Action and the Halloran Action.
Plaintiff Derek Halloran is an individual residing in the County of Ventura, State of California, who brings this action individually and on behalf of all others similarly situated. Plaintiff Halloran appears by and through the same attorneys of record as Plaintiff Fuentes, namely, Castellano Byrne & Salas LLP (Marco Castellano, State Bar No. 198422; Diane Salas), 11755 Wilshire Boulevard, Suite 900, Los Angeles, California 90025.
Defendant Aurelius Media Americas Inc. ("AMA") is a corporation organized under the laws of the State of Delaware and qualified to do business in the State of California, with its principal office located at 8500 Sunset Boulevard, Suite 1400, West Hollywood, California 90069. Defendant AMA appears by and through its attorneys 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, Telephone: (213) 555-6300, Facsimile: (213) 555-6301.
II. RECITALS
A. The Fuentes Action. On November 1, 2022, Plaintiff Marisol Fuentes filed a putative class action complaint in the Superior Court of the State of California, County of Los Angeles, styled Marisol Fuentes v. Aurelius Media Americas Inc., Case No. 22STCV38214 (the "Fuentes Action"). The Fuentes Action alleges wage-and-hour violations under the California Labor Code, including, without limitation, claims for: (i) failure to provide lawful meal periods in violation of California Labor Code sections 226.7 and 512; (ii) failure to authorize and permit lawful rest periods in violation of California Labor Code section 226.7; (iii) failure to pay overtime wages in violation of California Labor Code sections 510 and 1198; (iv) failure to pay minimum wages in violation of California Labor Code sections 1194, 1197, and 1197.1; (v) failure to furnish accurate, itemized wage statements in violation of California Labor Code section 226; (vi) failure to timely pay all wages due upon separation of employment in violation of California Labor Code sections 201 through 203; and (vii) unfair business practices in violation of the Unfair Competition Law, California Business and Professions Code section 17200 et seq. The Fuentes Action also asserts representative claims on behalf of aggrieved employees under the Private Attorneys General Act of 2004, California Labor Code sections 2698 through 2699.8. The Fuentes Action is brought on behalf of Plaintiff Fuentes and a putative class defined as all current and former non-exempt, hourly employees of AMA who worked in the State of California at any time during the period from November 1, 2018 through the present.
B. The Halloran Action. On November 18, 2022, Plaintiff Derek Halloran filed a putative class action complaint in the Superior Court of the State of California, County of Los Angeles, styled Derek Halloran v. Aurelius Media Americas Inc., Case No. 22STCV39501 (the "Halloran Action"). The Halloran Action alleges substantially identical wage-and-hour violations under the same provisions of the California Labor Code referenced in Recital A above, as well as claims under the Unfair Competition Law, California Business and Professions Code section 17200 et seq., and representative claims under the Private Attorneys General Act of 2004, California Labor Code sections 2698 through 2699.8. The Halloran Action is brought on behalf of Plaintiff Halloran and a putative class defined in substantially the same manner as the class defined in the Fuentes Action.
C. Same Defendant. Both the Fuentes Action and the Halloran Action name Aurelius Media Americas Inc. as the sole corporate defendant. No other entity or individual defendant (other than fictitiously named Doe defendants) is named in either action.
D. Same Counsel. Both named plaintiffs, Marisol Fuentes and Derek Halloran, are represented by the same counsel of record, Castellano Byrne & Salas LLP. In addition, Veltrano Employment Law Group PC serves as co-counsel for the PAGA claims asserted in both actions. Defendant Aurelius Media Americas Inc. is represented by Calderwood & Harkness LLP in both actions. The identity of counsel on both sides further supports consolidation of these related matters.
E. Overlapping Class Definitions. Both actions assert claims on behalf of putative classes of approximately 1,850 current and former non-exempt, hourly employees of AMA who worked in California during the applicable class period. The class definitions set forth in the operative complaints in the Fuentes Action and the Halloran Action are substantially identical in all material respects, encompassing the same categories of employees, the same geographic scope, and the same temporal period. Accordingly, substantial overlap exists between the putative class members in both actions, and the same individuals would be class members in both cases if class certification were granted in either or both actions.
F. Common Questions of Law and Fact. Both the Fuentes Action and the Halloran Action arise from the same set of operative facts and implicate common questions of law and fact. Specifically, both actions challenge AMA's timekeeping policies and practices, including AMA's use of the NovaPay Solutions "TimeTrack Pro" electronic timekeeping system and, in particular, the system's automatic meal period deduction feature, which Plaintiffs allege automatically deducted thirty (30) minutes from employees' recorded work time for meal periods regardless of whether employees were fully relieved of duty during such periods. Both actions also challenge AMA's meal and rest break policies and practices at its seven California production facilities, including AMA's alleged failure to provide compliant meal and rest periods and its failure to pay premium wages when compliant periods were not provided. Furthermore, both actions allege that AMA failed to compensate employees for off-the-clock work, including pre-shift and post-shift activities, resulting in unpaid overtime. The derivative claims in both actions — including claims for inaccurate wage statements, waiting time penalties, and UCL violations — arise from the same underlying course of conduct. The legal theories advanced by Plaintiffs in both actions are the same, the applicable wage order governing AMA's California production facilities is the same (Industrial Welfare Commission Wage Order No. 12-2001 — Motion Picture Industry), and the defenses anticipated to be asserted by AMA are the same in both actions.
G. Judicial Economy. The parties agree that consolidation of the Fuentes Action and the Halloran Action will promote judicial economy by permitting the Court to resolve common issues of law and fact in a single proceeding. Consolidation will avoid duplicative discovery requests and responses, duplicative motion practice (including class certification briefing), and duplicative trial proceedings. Consolidation will conserve the resources of the parties, their counsel, and the Court. In addition, consolidation will eliminate the risk of inconsistent rulings on identical legal and factual issues that could result from the separate adjudication of these two related actions.
H. Additional Named Plaintiff. Yesenia Padilla has intervened as a named plaintiff in the Halloran Action (Case No. 22STCV39501) by leave of the Court. The parties agree that Ms. Padilla shall be added as a named plaintiff in the consolidated action and shall be named in the Consolidated Amended Complaint to be filed following entry of the consolidation order. Ms. Padilla is represented by Castellano Byrne & Salas LLP and Veltrano Employment Law Group PC.
I. Notice of Related Case. On November 28, 2022, Defendant Aurelius Media Americas Inc. filed a Notice of Related Case in Case No. 22STCV38214, identifying Case No. 22STCV39501 (Halloran v. Aurelius Media Americas Inc.) as a related case within the meaning of California Rules of Court, Rule 3.300. The Notice of Related Case established that both actions involve the same parties, arise from the same or substantially identical transactions, occurrences, or series of transactions or occurrences, and involve substantially similar questions of law and fact.
III. STIPULATED TERMS
Based upon the foregoing recitals, which are incorporated herein by this reference, the parties hereby stipulate and agree as follows:
1. Lead Case. Case No. 22STCV38214 (Fuentes v. Aurelius Media Americas Inc.) shall be designated the lead case for all purposes in connection with the consolidated action.
2. Consolidation. Case No. 22STCV39501 (Halloran v. Aurelius Media Americas Inc.) shall be consolidated with Case No. 22STCV38214 (Fuentes v. Aurelius Media Americas Inc.) for all purposes, including, without limitation, discovery, law and motion practice, class certification proceedings, trial, and any settlement proceedings. The consolidation shall be complete; that is, the two actions shall be merged into a single action proceeding under Case No. 22STCV38214.
3. Future Filings. Following entry of the order granting consolidation, all future filings in the consolidated action shall be made exclusively in Case No. 22STCV38214. No further filings shall be made in Case No. 22STCV39501, except as may be necessary to effectuate the consolidation (including, without limitation, the filing of a notice of consolidation or clerk's transfer order in the Halloran Action file) or as otherwise ordered by the Court. The Clerk of the Court is respectfully requested to note the consolidation in the case management system for both case numbers.
4. Caption. Following consolidation, all pleadings, motions, briefs, declarations, discovery requests and responses, correspondence with the Court, and other papers filed in the consolidated action shall bear the caption of Case No. 22STCV38214, with the following named plaintiffs listed in the caption: Marisol Fuentes, Derek Halloran, and Yesenia Padilla. The caption shall reflect that each named plaintiff brings the action individually and on behalf of all others similarly situated.
5. Consolidated Amended Complaint. Within twenty (20) calendar days of the Court's entry of the order granting consolidation, Plaintiffs' counsel shall file a Consolidated Amended Complaint in Case No. 22STCV38214. The Consolidated Amended Complaint shall name Marisol Fuentes, Derek Halloran, and Yesenia Padilla as named plaintiffs and shall assert all claims from both the Fuentes Action complaint and the Halloran Action complaint in a single, unified pleading. The Consolidated Amended Complaint shall supersede the operative complaints in both the Fuentes Action and the Halloran Action.
6. Responsive Pleading. Defendant Aurelius Media Americas Inc. shall have thirty (30) calendar days from service of the Consolidated Amended Complaint to file its responsive pleading, which may include an answer, demurrer, motion to strike, or other responsive pleading permitted under the California Code of Civil Procedure. This deadline shall be calculated in accordance with the applicable provisions of the Code of Civil Procedure governing extensions for service by electronic means, if applicable.
7. Assignment. The parties respectfully request that the consolidated action be assigned for all purposes to the department of the Superior Court to which Case No. 22STCV38214 is currently assigned. The parties understand that Case No. 22STCV38214 is currently assigned to the Honorable Raymond Escobedo in Department 34 of the Los Angeles Superior Court, Stanley Mosk Courthouse, and respectfully request that the consolidated action remain so assigned.
8. Preservation of Rights. This Stipulation is entered into solely for the purpose of promoting judicial economy and the efficient resolution of these related actions. Nothing in this Stipulation is intended to, nor shall it be construed to, waive, limit, modify, or otherwise affect any party's rights, claims, defenses, or remedies in this litigation, whether arising under statute, common law, or equity. Without limiting the generality of the foregoing, Defendant AMA expressly reserves its right to: (a) oppose class certification in whole or in part; (b) contest the adequacy, typicality, or standing of any named plaintiff, including Marisol Fuentes, Derek Halloran, and Yesenia Padilla; (c) assert any and all affirmative defenses available under applicable law; (d) file any dispositive motion, including motions for summary judgment or summary adjudication; and (e) pursue any appellate rights. Plaintiffs likewise reserve all rights, claims, and remedies.
9. No Admission. This Stipulation, and the consolidation of the Fuentes Action and the Halloran Action, shall not be construed as an admission by any party regarding the merits of any claim or defense asserted or to be asserted in either action. The parties enter into this Stipulation without prejudice to their respective positions on any issue in this litigation.
IV. SIGNATURES
Dated: January 27, 2023
FOR PLAINTIFFS MARISOL FUENTES, DEREK HALLORAN, AND YESENIA PADILLA:
CASTELLANO BYRNE & SALAS LLP
By: ________
Marco Castellano (SBN 198422) 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025 Telephone: (310) 555-4210 Facsimile: (310) 555-4211 Attorneys for Plaintiffs Marisol Fuentes, Derek Halloran, and Yesenia Padilla
FOR DEFENDANT AURELIUS MEDIA AMERICAS INC.:
CALDERWOOD & HARKNESS LLP
By: ________
Renata Vasquez (SBN 224578) 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-6300 Facsimile: (213) 555-6301 Attorneys for Defendant Aurelius Media Americas Inc.
PART II: [PROPOSED] ORDER
[PROPOSED] ORDER GRANTING CONSOLIDATION
The Court has reviewed and considered the Stipulation Re: Consolidation of Related Actions filed by the parties in the above-captioned matters. The Court has further considered the Notice of Related Case filed by Defendant Aurelius Media Americas Inc. on November 28, 2022, in Case No. 22STCV38214, identifying Case No. 22STCV39501 as a related case pursuant to California Rules of Court, Rule 3.300. Having reviewed the submissions of the parties and the files in both actions, and good cause appearing therefor,
IT IS HEREBY ORDERED as follows:
1. Case No. 22STCV39501 (Derek Halloran v. Aurelius Media Americas Inc.) is hereby consolidated with Case No. 22STCV38214 (Marisol Fuentes v. Aurelius Media Americas Inc.) for all purposes, including, without limitation, discovery, law and motion practice, class certification proceedings, trial, and any settlement proceedings.
2. Case No. 22STCV38214 (Fuentes v. Aurelius Media Americas Inc.) shall be and hereby is designated the lead case. All future filings in the consolidated action shall be made in Case No. 22STCV38214. The Clerk of the Court is directed to note the consolidation in the case management system for both Case No. 22STCV38214 and Case No. 22STCV39501.
3. Plaintiffs shall file a Consolidated Amended Complaint in Case No. 22STCV38214 within twenty (20) calendar days of the date of this Order. The Consolidated Amended Complaint shall name Marisol Fuentes, Derek Halloran, and Yesenia Padilla as named plaintiffs and shall assert all claims from both the Fuentes Action and the Halloran Action in a single pleading.
4. Defendant Aurelius Media Americas Inc. shall have thirty (30) calendar days from service of the Consolidated Amended Complaint to file its responsive pleading, including any answer, demurrer, motion to strike, or other responsive pleading.
5. This matter is assigned for all purposes to the Honorable Raymond Escobedo, Department 34, Stanley Mosk Courthouse, 111 North Hill Street, Los Angeles, California 90012.
Dated: February 3, 2023
________________________________________
HON. RAYMOND ESCOBEDO Judge of the Superior Court
This Order was entered by the Court on February 3, 2023. A court-stamped, filed copy of this Order is retained in the matter file of Calderwood & Harkness LLP, Matter No. 1017-00004.
MARISOL FUENTES, individually and on behalf of all others similarly situated,
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v.
AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive,
<!-- indent:2 -->Defendant.<!-- /indent -->
DEREK HALLORAN, individually and on behalf of all others similarly situated,
<!-- indent:2 -->Plaintiff,<!-- /indent -->
v.
AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive,
<!-- indent:2 -->Defendant.<!-- /indent -->