Pleading



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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SANTA BARBARA

|Coordination Proceedings Special Title (Rule 3.550) |) |JUDICIAL COUNCIL COORDINATION PROCEEDING No. 4750 |

| |) | |

| |) |SUPERIOR COURT OF CALIFORNIA RIVERSIDE |

|LITTLE CAESAR ENTERPRISES WAGE AND HOUR CASES, |) |No. RIC120510 |

| |) | |

|Included Actions: |) |SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA BARBARA |

| |) |No. 1265755 |

|Macias v. Little Caesar Enterprises, Inc., et al., |) | |

| |) |COMPLEX CASE MANAGEMENT ORDER |

|Toledo v. Little Caesar Enterprises, Inc., |) | |

| |) |ASSIGNED JUDGE: Hon. Donna D. Geck |

| |) |DEPARTMENT: Four |

| |) |HEARING DATE: April 11, 2014 |

| |) |TIME: 2:00 pm |

| |) | |

| |) | |

| |)_ | |

| |) | |

On August 20, 2008 the Court designated this matter as complex litigation under the California Standards of Judicial Administration. On March 13, 2013, Macias v. Little Caesar Enterprises, Inc. et. al., Superior Court of California, Riverside, Case No. RIC 1210510, and Toledo v. Little Caesar Enterprises, Inc., Superior Court of California, County of Santa Barbara, Case No. 1265755, were coordinated by this Court and designated as complex litigation under the California Standards of Judicial Administration.

The purpose of this order is to establish a case management plan for this complex litigation in order to avoid inconsistent or duplicative rulings, reduce the costs of litigation, assist the parties in resolving their disputes and reduce the costs and difficulties of discovery and trial. This complex case management order supersedes all prior complex case management orders in this case.

On any matter about which this order is silent, the Code of Civil Procedure, other statutes, the California Rules of Court, and the local rules of this Court shall be controlling.

On April 11, 2014, a complex case management conference was conducted in this matter. An unofficial copy of this Order may be posted on the Court’s web page at as a convenience to Court and counsel, but the filed order entered by the Court is the only operative order. The parties stipulate and agree that the e-mail by the Court to the e-mail address provided by counsel is equivalent to service as of the date of the e-mail and further notice of this Order is waived.

The Court considered at the conference, pursuant to Appendix to California Rules of Court, Div I, section 19(e) (Initial Case Management Conference, Complex Litigation), and Rule 212(i) of the California Rules of Court (Case Management Conference, Generally), the following subjects, and makes the following orders:

SEVERANCE, CONSOLIDATION OR COORDINATION (App. to CRC, Div I, §19(e)(2))

STATUS OF THE PARTIES AND PLEADINGS

1 Current Status

On May 4, 2010 Defendant Little Caesar Enterprises, Inc., filed Notice of Removal of Santa Barbara Superior Court Case No. 1265755 to the United States District Court for the Central District of California, with District Court Case No.: 2:10-cv-03343-JFW-SH. The Santa Barbara Court received notice of removal on May 5, 2010. At the May 5, 2010 Complex Case Management Conference, this Court vacated the then scheduled June 23, 2010 Complex Case Management Conference and set this case for a Case Management Conference on January 12, 2011 at 8:30 AM in Santa Barbara Superior Court Department Four (Anacapa). The Court also issued a May 5, 2010 Order After Hearing on Plaintiffs’ Motion for an Order Approving Plaintiffs’ Notice of Pending Certified Class Action, and then took that motion off calendar because of Defendant’s removal of the matter to federal court.

On June 23, 2010 the United States District Court granted Plaintiffs’ motion for remand to the Santa Barbara Court. On July 6, 2010 Defendant Little Caesar filed with the United States Court of Appeals for the Ninth Circuit its petition for permission to appeal, with Case No. 10-80137. On August 27, 2010 the Ninth Circuit denied the Little Ceasars petition. The Santa Barbara Court then restored the case to its Court’s Complex Case Management track.

Defendant filed a demurrer regarding Plaintiff Jonathan Macias’ First Amended Complaint, to be heard at the July 12, 2013 Complex Case Management Conference. Defendant’s Demurrer was granted with leave to amend. Plaintiff Jonathan Macias subsequently filed a Second and Third Amended Complaint. Defendant filed a Demurrer and Motion to Strike regarding Plaintiff Jonathan Macias’ Third Amended Complaint which was heard at the December 20, 2031 Complex Case Management Conference at which time the Court granted Plaintiff Macias leave to amend. Defendant also has served a Section 128.7 motion which it withdrew. On January 6, 2014 Plaintiff Macias filed his Fourth Amended Complaint, in response to which Defendant filed a motion to strike. At the hearing on Defendant’s motion to strike on February 21, 2014, the Court denied Defendant’s motion and ordered Defendant to file, and Defendant did file, an Answer by March 10, 2014.

Plaintiff Macias attempted to meet and confer with Defendant regarding his first sets of Special Interrogatories and Requests for Production of Documents, and while Plaintiff contends that he is entitled to Defendant’s policies, and names and contact information and time and wage records of all aggrieved employees in California under PAGA, Defendant only agreed to produce that information as it pertained to the aggrieved employees who worked at the same store as Plaintiff in Riverside, California. Because the parties had reached an impasse, Plaintiff filed motions to compel this information, currently set to be heard by this Court on April 11, 2014.

LCE disagrees with this characterization of the meet and confer process, and continues to be willing to find a solution to the current discovery dispute consistent with the Court’s order denying LCE’s Motion to Strike portions of Plaintiff Macias’ Fourth Amended Complaint.

COUNSEL

1 Master Counsel List

The master list of counsel, their e-mail addresses and the parties is: (App. to CRC, Div I, §19(e)(11)):

|NAME |E-MAIL ADDRESS |PARTY |

|Cesar Nava |cnava@ng- |SUSANA TOLEDO, OSCAR MORALES, and ROCKY TEI and |

| | |the Class |

|Santos Gomez |sgomez@ng- |Same |

|Stan Hodson |sjhodson@ng- |Same |

|Stanley Saltzman |ssaltzman@ |Same |

|Marcus Bradley |mbradley@ |Same |

|Kiley Grombacher |kgrombacher@ |Same |

|Maria Rodriguez |maria.rodriguez@ |LITTLE CEASAR ENTERPRISES, INC. |

|Ben Gipson |ben.gipson@ |LITTLE CAESAR ENTERPRISES, INC. |

|Raul Perez |raul.perez@ |Jonathan Macias |

|Alexandria Witte |alexandria.witte@ |Jonathan Macias |

|Arnab Banerjee |arnab.banerjee@ |Jonathan Macias |

|Melissa Grant |melissa.grant@ |Jonathan Macias |

dgeck@; cnava@ng-; sgomez@ng-; sjhodson@ng-; maria.rodriguez@; ben.gipson@; ssaltzman@; mbradley@; kgrombacher@; raul.perez@; alexandria.witte@; arnab.banerjee@; melissa.grant@

3 Liaison Counsel

4 Liaison Groups

5 Pro Hac Vice Admission of Counsel

6 Trial Counsel

The names and addresses of the attorneys who will try the case are (CRC, Rule 212(i)(9)):

|COUNSEL |E-MAIL ADDRESS |PARTY |

|Cesar Nava |cnava@ng- |SUSANA TOLEDO, OSCAR MORALES, and ROCKY TEI and |

| | |the Class |

|Santos Gomez |sgomez@ng- |Same |

|Stan Hodson |sjhodson@ng- |Same |

|Stanley Saltzman |ssaltzman@ |Same |

|Marcus Bradley |mbradley@ |Same |

|Maria Rodriguez |maria.rodriguez@ |Little Caesar Enterprises, Inc |

|Ben Gipson |ben.gipson@ |Little Caesar Enterprises, Inc |

|Raul Perez |raul.perez@ |Jonathan Macias |

|Alexandria Witte |alexandria.witte@ |Jonathan Macias |

|Arnab Banerjee |arnab.banerjee@ |Jonathan Macias |

|Melissa Grant |melissa.grant@ |Jonathan Macias |

MOTIONS

1 Preliminary Legal Question Schedule

2 Class Certification Motion

| |

|04-13-10 Motion Plaintiffs Motion for an Order Approving Plaintiffs Notice of Pending Certified Class Action With Supporting |

|Declaration of Stanley J Hodson Hrg 5/05/10 3:00pm Dept 4, Filed by Plaintiffs |

|09-15-10 Notice of Hearing on Plaintiffs April 13 2010 Filed Motion for an Order Approving Plaintiffs Notice of Pending Certified |

|Class Action With Supporting Declaration of Stanley J Hodson Hrg 10/13/10 9:30am Dept 4, Filed by Plaintiffs |

| | |

|Moving Parties |Responding Party |

| | |

|Representative Plaintiffs SUSANA TOLEDO, |LITTLE CAESAR ENTERPRISES, INC. |

|OSCAR MORALES, AND ROCKY TEI | |

| | | | |

|Responding Party |Hearing |Submitted |Disposition |

| | | |The court grants, in part, the motion of plaintiffs |

|LITTLE CAESAR |12/15/2010 | |Susana Toledo, Oscar Morales and Rocky Tei to approve |

|ENTERPRISES, INC. | | |their proposed notice of pending certified class |

| | | |action and orders as follows: |

| | | |Notice to class members is necessary. |

| | | |The class members may exclude themselves from the |

| | | |class. |

| | | |The class members shall be notified by first class |

| | | |mail. |

| | | |The content of the notice attached to the motion as |

| | | |Exhibit “F” is approved with the following changes: |

| | | |In ¶ 7 of the notice, plaintiffs shall add: “If you |

| | | |remain a member of the class, you may enter an |

| | | |appearance in the action through counsel.” |

| | | |In ¶ 8, the date selected shall be 60 days from the |

| | | |transmission date of the Notice. |

| | | |Plaintiffs shall bear the cost of notifying the class.|

| | | |However, defendant Little Caesar Enterprises, Inc. |

| | | |shall bear the cost of gathering and distributing a |

| | | |class list of current and former managers and |

| | | |non-managerial employees, dividing them into |

| | | |subclasses and providing their last known contact |

| | | |information. |

| | | |Defendant Little Caesar Enterprises, Inc. may not |

| | | |urge, either explicitly or implicitly, any class |

| | | |member, whether a former or current employee, to |

| | | |opt-out from participating in this Class Action. |

| | | |The court approves Simpluris, Inc. as class |

| | | |administrator. |

| | | |The court intends to add an order regarding the timing|

| | | |of the notice to class members. The parties shall |

| | | |appear at the December 15, 2010 hearing to discuss the|

| | | |timing of the notice. |

3 Class De-Certification Motion

| |

|06-27-12 filed Motion: Defendant’s Notice and Motion for Decertification with Supporting Declarations of Benjamin M. Gipson and |

|Sonya Kwon, Compendium of Evidence, Request for Judicial Notice, Non-California Authorities, and Proposed Order Hrg 8/15/12 1:30pm|

|Dept 4. |

| |

|07-18-12 Filed Opposition: Plaintiffs’ Opposition to Defendant’s Motion for Decertification, with supporting Declarations of |

|Stanley J. Hodson and Marcus J. Bradley, and Request for Judicial Notice. |

| |

|08-01-12 Defendant’s Reply in support of its Motion for Decertification. |

|08-01-12 Supplemental Declaration of Benjamin M. Gipson in support of Defendant’s Reply. |

|08-01-12 Defendant’s Appendix of Non-California Authorities in support of Defendant’s Reply. |

|08-01-12 Defendant’s Request for Judicial Notice in support of Defendant’s Reply. |

| |

|08-08-2012 Class Objections to the Evidence and Case Law that Defendant Little Caesar Enterprises, Inc. (1) Supplemental |

|Declaration, (2) Appendix of Non-California Authorities, and (3) Request for Judicial Notice untimely and improperly submitted |

|with the Reply in support of Defendant’s Decertification Motion. |

| |

|08-23-12 Defendant’s Notice of New Superior Court Decisions Decertifying Meal and Rest Period Class Action. |

|08-23-12 Declaration of Benjamin M. Gipson in Support of Defendant’s Notice of New Superior Court Decisions Decertifying Meal and |

|Rest Period Class Action. |

| |

|08-24-12 Class Objections to Defendant’s August 23, 2012 Untimely Filed and Improperly Submitted Notice of New Superior Court |

|Decisions Decertifying Meal and Rest Period Class Action. |

| |

|09-28-12 Defendant’s Notice of New California Appellate Court Decisions Upholding Denials of Meal and Rest Period Class Actions |

|after Brinker. |

| |

|10-05-12 Class Objections to Defendant’s September 28, 2012 Untimely Filed Briefing. |

| |

| | |

|Moving Parties |Responding Party |

| | |

|LITTLE CAESAR |Representative Plaintiffs SUSANA TOLEDO, OSCAR MORALES, AND ROCKY TEI, and the Class |

|ENTERPRISES, INC. | |

| | | | |

|Responding Party |Hearing |Submitted |Disposition |

| | | |The Court granted in part, defendant Little Caesar |

|Representative Plaintiffs SUSANA TOLEDO, |08/15/2012 | |Industries, Inc.’s motion for decertification of this |

|OSCAR MORALES, AND ROCKY TEI, and the Class | | |class action. The Court orders that the class of all |

| |Continued by | |persons who are employed or have been employed by |

| |minute order | |defendant Little Caesar Enterprises, Inc. in the State|

| |to 8/29/2012 | |of California who within four (4) years of the filing |

| | | |of the complaint herein (January 16, 2008) have worked|

| |Continued by | |as hourly restaurant employees, including the |

| |Court minute | |sub-class of such hourly restaurant employees with |

| |order to | |managerial duties, is decertified for purposes of the |

| |10/10/2012 | |first, second, third and fourth causes of action in |

| | | |the first amended complaint of plaintiffs Susana |

| |Continued by | |Toledo, Oscar Morales and Rocky Tei. The class of all |

| |Court minute | |hourly employees remains certified as to the fifth and|

| |order to | |seventh causes of action, and the sub-class of hourly |

| |10/17/2012 | |restaurant employees with managerial duties as to the |

| | | |sixth cause of action. |

Plaintiffs filed a writ of mandate with the Court of Appeal seeking review of this Court’s October 19, 2012 Order decertifying Plaintiffs’ meal period claim on December 18, 2012. This was denied by the Appellate Court on February 5, 2013.

Defendant anticipates filing a motion for decertification based on new caselaw and evidence as to Plaintiffs’ remaining certified claims if current settlement negotiations are unsuccessful. Should the parties fail to reach a settlement, the Toldeo Plaintiffs intend to move for reconsideration of this Court’s Order decertifying Plaintiffs’ meal break claim in light of the Court of Appeals decision in Faulkinbury vs Boyd & Associates Inc., (2013) 216 Cal.App.4th 220, as well as several other recent State Court appellate decisions which have issued orders consistent with that issued in Faulkinbury. The Toledo parties request they be allowed to meet and confer and propose a class certification briefing schedule at the May Complex Case Management Conference.

On February 19, this Court was assigned as the coordination judge for this matter and Macias v. Little Caesar Enterprises, Inc., Riverside Superior Court Case No. RIC1210510. Both parties in the Macias matter sought coordination, and Defendant requests that the cases be coordinated before this Court. Plaintiffs do not oppose coordination provided that the matter remains venued in this Court. This matter was coordinated and deemed complex on March 13, 2013.

4 Demurrers, Motions to Strike and Summary Adjudication Motions (App. to CRC, Div I, §19(e)(7))

|Motion: Summary Judgment as to Representative Plaintiff SUSANA TOLEDO |

|Moving Party |Responding Parties |

|LITTLE CAESAR |SUSANA TOLEDO, OSCAR MORALES, & ROCKY TEI |

|ENTERPRISES, INC. | |

| | |

| | |

|Responding Parties |Hearing |Submitted |Disposition |

|SUSANA TOLEDO, OSCAR MORALES, AND ROCKY TEI |4/28/2010 | |The Court denied this motion. The Court sustained |

| |9:30 a.m. | |Little Caesar Enterprise, Inc.’s objections to ¶¶ 14, |

| |Civil law & | |20 & 24 in the Toledo declaration. |

| |motion | | |

| |calendar | | |

|Motion: Summary Judgment as to Representative Plaintiff OSCAR MORALES |

|Moving Party |Responding Parties |

|LITTLE CAESAR |SUSANA TOLEDO, OSCAR MORALES, AND ROCKY TEI |

|ENTERPRISES, INC. | |

| | |

| | |

|Responding Parties |Hearing |Submitted |Disposition |

|SUSANA TOLEDO, OSCAR MORALES, AND ROCKY TEI |4/28/2010 | |The Court denied this motion. The Court sustained |

| |9:30 a.m. | |Little Caesar Enterprise, Inc.’s objections to ¶¶ 14, |

| |Civil law & | |20 & 23 in the Morales declaration. |

| |motion | | |

| |calendar | | |

|Motion: Summary Judgment as to Representative Plaintiff ROCKY TEI |

|Moving Party |Responding Parties |

|LITTLE CAESAR |SUSANA TOLEDO, OSCAR MORALES, AND ROCKY TEI |

|ENTERPRISES, INC. | |

| | |

| | |

|Responding Parties |Hearing |Submitted |Disposition |

|SUSANA TOLEDO, OSCAR MORALES, AND ROCKY TEI |4/28/2010 | |The Court denied this motion. The Court sustained |

| |9:30 a.m. | |Little Caesar Enterprise, Inc.’s objections to ¶¶ 14, |

| |Civil law & | |20 & 24 in the Tei declaration. |

| |motion | | |

| |calendar | | |

| |

|Moving Party |Responding Parties |

| | |

|LITTLE CAESAR |SUSANA TOLEDO, OSCAR MORALES, AND ROCKY TEI, and the Class |

|ENTERPRISES, INC. | |

| | |

| | |

|Responding Parties |Hearing |Submitted |Disposition |

| | | |The Court denied defendant Little Caesar Industries, |

|SUSANA TOLEDO, OSCAR MORALES, AND ROCKY TEI,|08/15/2012 | |Inc.’s Motion for Summary Adjudication. |

|and the Class | | | |

| |Continued by | | |

| |minute order | | |

| |to 8/29/2012 | | |

| | | | |

| |Continued by | | |

| |Court minute | | |

| |order to | | |

| |10/10/2012 | | |

| | | | |

| |Continued by | | |

| |Court minute | | |

| |order to | | |

| |10/17/2012 | | |

|Motion: Demurrer as to Plaintiff JONATHAN MACIAS |

|Moving Party |Responding Parties |

|LITTLE CAESAR |JONATHAN MACIAS |

|ENTERPRISES, INC. | |

| | |

| | |

|Responding Parties |Hearing |Submitted |Disposition |

|JONATHAN MACIAS |July 12, 2013 | |The Court sustained the demurrer with leave to amend. |

| |1:30 p.m. | |Plaintiff Macias shall file and serve his SAC on or |

| |Complex Case | |before 7/29/13. |

| |Management | | |

| |Conference | | |

|Motion: Demurrer as to Plaintiff JONATHAN MACIAS’ SECOND AMENDED COMPLAINT |

|Moving Party |Responding Parties |

|LITTLE CAESAR |JONATHAN MACIAS |

|ENTERPRISES, INC. | |

| | |

| | |

|Responding Parties |Hearing |Submitted |Disposition |

|JONATHAN MACIAS |Taken Off | |Demurrer taken off calendar when Plaintiff agreed to |

| |Calendar | |amend Second Amended Complaint. |

|Motion: Demurrer as to Plaintiff JONATHAN MACIAS’ THIRD AMENDED COMPLAINT |

|Moving Party |Responding Parties |

|LITTLE CAESAR |JONATHAN MACIAS |

|ENTERPRISES, INC. | |

| | |

| | |

|Responding Parties |Hearing |Submitted |Disposition |

|JONATHAN MACIAS |December 20, | |The demurrer is sustained with leave to amend. The |

| |2013 | |Fourth Amended Complaint shall be served and filed |

| |1:30 p.m. | |1/6/2014. The Motion to Strike is deemed as moot. |

| |Complex Case | |Defendants to file a responsive pleading within |

| |Management | |sixteen (16) days thereafter. |

| |Conference | | |

|Motion: Motion to Strike as to Plaintiff JONATHAN MACIAS’ FOURTH AMENDED COMPLAINT |

|Moving Party |Responding Parties |

|LITTLE CAESAR |JONATHAN MACIAS |

|ENTERPRISES, INC. | |

| | |

| | |

|Responding Parties |Hearing |Submitted |Disposition |

|JONATHAN MACIAS |February 21, | |The motion to strike as to the Fourth Amended |

| |2014 | |Complaint was denied. Defendant filed and served an |

| |1:30 p.m. | |Answer on March 10, 2014. |

| |Complex Case | | |

| |Management | | |

| |Conference | | |

5 Discovery Motions

| |

|4-11-14- Notice of Motion and Motion to Compel Response to Plaintiff’s First Set of Special Interrogatories and Request for |

|Production of Documents, Set One |

| |

|Moving Party |Responding Parties |

|Plaintiff Jonathan Macias |LITTLE CAESAR ENTERPRISES, INC. |

| | |

| | |

|Responding Parties |Hearing |Submitted |Disposition |

|LITTLE CAESAR ENTERPRISES, INC. |April 11, 2014, | |The motion to compel was granted with a response date |

| |2:00 p.m., | |of May 15, 2014 |

| |Complex Case | | |

| |Management | | |

| |Conference | | |

| |

|02-04-11 Notice of Motion and Motion to Compel Response to TEI's Set 1, 2, 3k and Special Interrogatories 1, 2, & 3. Declaration; |

|HRG 3-2-11 3:00 SB4, Filed by Susana Toledo et al |

| |

|Moving Party |Responding Parties |

|Plaintiffs TOLEDO, MORALES, & TEI |LITTLE CAESAR ENTERPRISES, INC. |

| | |

| | |

|Responding Parties |Hearing |Submitted |Disposition |

| | | |3/2/2011 3:00 p.m. hearing continued to 3/16/2011 and |

| | | |taken off calendar. |

7 Other Motions

| 11-19-10 Notice of Motion and Motion to Stay All Further Proceedings and Take Judicial Notice; HRG 12-15-10 3:00 PM SB4, Filed |

|by Defendant |

| | |

|Moving Party |Responding Parties |

| | |

|LITTLE CAESAR |Representative Plaintiffs SUSANA TOLEDO, OSCAR MORALES, AND ROCKY TEI |

|ENTERPRISES, INC. | |

| | |

| | |

| | | | |

|Responding Parties |Hearing |Submitted |Disposition |

| | | |The motion to stay is denied. |

|Representative Plaintiffs SUSANA TOLEDO, |12/15/2010 | | |

|OSCAR MORALES, AND ROCKY TEI | | | |

8 Special Discovery (App. to CRC, Div I, §19(e)(3))

1 List of Undisputed Facts

2 Defect List

3 Required Statements

On or before September 10, 2011 the Toledo parties will agree what, if any, sample of time cards will be produced and used to determine how often managers took meal periods. Any such agreed time cards shall be produced by that date.

The Toledo parties have made the following joint progress in identifying the sample of time cards to be used to determine how often managers took meal periods: for the class period beginning January 2004 and continuing, the time cards for one two-week pay-period in early June of each year of the class period and one two-week pay-period in early December of the class period. To date, Defendant has produced electronic spreadsheet data for the December pay-periods for 2005 through 2010, and for the June pay-periods for 2008 through 2010. Arrangements are continuing for production of electronic spreadsheets for the June and December 2004 pay-periods, and for the 2005 through 2008 June pay-periods. Arrangements are also continuing for the production of scanned front-and-back images of the time cards that correspond to each spreadsheet entry.

In April of 2011, Defendant communicated that some of the boxes of timecards may be missing, and as part of the above timecard sampling the parties have agreed that if for the sample pay-periods identified here any box of timecards is missing, the Toledo Plaintiffs will select and the Defendant will produce a substitute box of pay-period timecards for data entry and front-and-back scanning.

On November 8, 2011 the California Supreme Court heard argument in the Brinker Restaurant case about California meal period and rest break laws, among other issues. And because the ruling, due within 90 days, may have a significant bearing on how the parties continue to pursue the timecard data entry and scanning, the parties have agreed to a stay in the timecard discovery, with correlative extension(s) of deadlines for moving to compel, to allow for issuance and review of the Cal. Supreme Court ruling in the Brinker case. The California Supreme Court issued its ruling in the Brinker case on April 12, 2012.

Plaintiff Jonathan Macias has propounded special interrogatories (set one) seeking, inter alia, contact information for aggrieved employees. Defendant has responded to the first set of special interrogatories and the parties are currently meeting and conferring regarding those responses. Plaintiff agreed to postpone filing a motion to compel on the first set of special interrogatories pending a ruling on Defendant’s demurrer and motion to strike. Defendant agreed that if the motions are denied it will produce the contact information requested. Plaintiff has also propounded Requests for Production of Documents (set one) but the response deadline has not expired. Little Caesars disagrees with this characterization of the meet and confer process, continued to meet and confer with Plaintiff Macias in good faith regarding the appropriate contact procedure for any potential aggrieved parties.

Plaintiff has filed a motion to compel further responses to these discovery requests to be heard at the April 11, 2014 Complex Case Management Conference.

4 Inspection and Testing

5 Expert Information Exchange

9 Stages of Discovery

1 Stage One

2 Stage Two

3 Stage Three

10 Protective Orders (App. to CRC, Div I, §19(e)(4))

Defendant and Plaintiff Jonathan Macias have agreed on a stipulated protective order to facilitate the exchange of informal discovery.

11 Document Depository (App. to CRC, Div I, §19(e)(9))

12 Interrogatories

13 Depositions (App. to CRC, Div I, §19(e)(8))

14 Discovery Referee (CCP §639(a)(5))

1 Appointment

2 Additional Discovery By Leave Of Discovery Referee

ELECTRONIC CASE MANAGEMENT

ALTERNATIVE DISPUTE RESOLUTION AND MANDATORY SETTLEMENT CONFERENCES (App. to CRC, Div I, §19(e)(5))

1 Alternate Dispute Resolution (CRC, Rule 212(i)(1)-(2))

2 Mandatory Settlement Conferences (App. to CRC, Div I, §19(e)(5); CRC, Rule 212(i)(10))

All parties shall familiarize themselves with the Department Four web page at and the “Department 4:Forms” particularly the “Pre-trial Order” forms and be prepared to provide all information required by the order at the pre-trial conference on the first day of trial.

TRIAL

The Trial date of May 11, 2011 at 11:30 a.m. in this Department was VACATED.

The Toledo Parties request a short stay of the 5 year rule in order to facilitate settlement discussions in light of the September 11, 2013 mediation scheduled by the Parties. For good cause, and on the stipulation of the parties, the Court extends the deadline for trial to July 30, 2014, and will consider requests for further extensions. The Toledo parties intend to request an additional short stay of the 5-year rule based on the results of their meet and confer communications to set a class certification-briefing schedule at the May Complex Case Management Conference. The parties are presently meeting and conferring regarding such extension.

SCHEDULE OF CASE MANAGEMENT CONFERENCES

The Court will conduct further complex case management conferences approximately every seven (7) weeks on Wednesday afternoons in this department. (CRC, Rule 212(i)(11)-(12); App. to CRC, Div I, §19(e)(12)).

In order to reduce file congestion:

(1) No Courtesy copies shall be delivered to the Court;

(2) Where the Court’s orders require only service of a document the parties shall not also file copies of that document.

All law and motion matters shall be set for hearing at a complex case management conference. If a matter is not set for a scheduled complex case management conference hearing, the notice of motion shall contain a certificate by counsel for the moving party why special setting is required.

On or before the Friday before a scheduled complex case management conference, each party shall file, serve and submit to the Court by e-mail at dgeck@ a statement of proposed amendments to or modifications of the then current complex case management order. Microsoft Word is the preferred format. Proposals shall be limited to proposed findings and orders. Argument in the proposed amendments is prohibited. Transmittal letters or e-mails to the Court concerning Proposed Case Management Orders or amendments thereto (other than e-mail transmitting a proposed order) are prohibited and not read by the Court. The Court has authorized only submission of a statement of proposed amendments to or modifications of the then current complex case management order on the Friday before a scheduled CCMC.  Supplemental briefs and letters are not authorized. Circumvention by submitting argumentative material in the proposed modifications is prohibited.

Electronic copies of the Summary Adjudication Motions and responses and Exhibits thereto may be emailed to the court if of reasonable file size otherwise furnished to the court and counsel on CD or DVD.

 Complex case management conferences in this case are set in Department Four as follows:

Wednesday, October 22, 2008 at 1:30 pm

Wednesday, December 10, 2008 at 3:00 pm

Wednesday, February 25, 2009 at 4:00 pm

Wednesday, April 1, 2009 at 1:30 pm

Wednesday, May 6, 2009 at 1:30 pm

Wednesday, June 17, 2009 at: 1:30 pm

Wednesday, July 22, 2009 at 1:30 pm

Wednesday, September 23, 2009 at 1:30 pm

Wednesday, December 2, 2009 at 1:30 pm

Wednesday, February 3, 2010 at 1:30 pm

Wednesday, March 3, 2010 at 3:00 pm

Wednesday, May 5, 2010 at 3:00 pm

Wednesday, June 23, 2010 at 3:00 pm VACATED

Wednesday, October 20, 2010 at 1:30 pm

Wednesday, December 15, 2010 at 3:00 pm

Wednesday, January 12, 2011 at 8:30 am VACATED

Wednesday, March 2, 2011 at 3:00 PM VACATED

Wednesday, March 16, 2011 at 3:00 PM

Wednesday, May 4, 2011 at 3:00 PM continued to Wednesday, July 20, 2011 at 300 PM

Wednesday, October 5, 2011 at 1:30 PM

Wednesday, February 15, 2012 at 1:30 PM

Wednesday, April 25, 2012 at 1:30 PM

Wednesday, July 11, 2012 at 3:00 PM continued to August 15, 2012

Wednesday, August 15, 2012 continued by Court minute order to August 29, 2012

Wednesday, August 29, 2012 continued by Court minute order to October 10, 2012

Wednesday, October 10, 2012 continued by Court minute order to October 17, 2012

Wednesday, October 17, 2012 at 3:00 PM

Wednesday, December 12, 2012 at 3:00 PM

Wednesday, March 13, 2013 at 3:00 PM

Wednesday, July 10, 2013 at 1:30 PM continued to Friday, July 12, 2013 at 1:30 PM

Friday, September 27, at 1:30 PM continued to October 25, 2013 at 1:30 PM and further continued to Friday, December 20, 2013 at 1:30 PM.

Friday, April 18, 2014 at 1:30 PM advanced to April 11, 2014 @ 2:00 PM

Friday, May 30, 2014, at 1:30 PM

IT IS SO ORDERED.

Dated: April 11, 2014

________________________________

DONNA D. GECK

Judge of the Superior Court

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