Celena King vs. Great American Chicken Corp., Inc et al

RESPONSE

C.D. Cal.March 12, 2019

MATERN LAW GROUP, PC 1230 ROSECRANS AVENUE, STE 200 MANHATTAN BEACH, CA 90266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 JOINT RESPONSE TO OSC RE SETTLEMENT MATERN LAW GROUP, PC Matthew J. Matern (SBN 159798) mmatern@maternlawgroup.com Launa Adolph (SBN 227743) ladolph@maternlawgroup.com Kayvon Sabourian (SBN 30863) ksabourian@maternlawgroup.com 1230 Rosecrans Avenue, Suite 200 Manhattan Beach, CA 90266 Tel: (310) 531-1900 Facsimile: (310) 531-1901 Attorneys for Plaintiff CELENA KING, individually and on behalf of others similarly situated GREENBERG TRAURIG, LLP Mark D. Kemple (SBN 145219) Ashley Farrell Pickett (SBN 271825) 1840 Century Park East, Suite 1900 Los Angeles, CA 90067 Tel: (310) 586-8800 Facsimile: (310) 586-7900 Email: kemplem@gtlaw.com farrellpicketta@gtlaw.com Attorneys for Defendant Great American Chicken Corp, Inc., d/b/a Kentucky Fried Chicken UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CELENA KING, individually and on behalf of all others similarly situated, Plaintiff, vs. GREAT AMERICAN CHICKEN CORP, INC. d/b/a Kentucky Fried Chicken, a California corporation; and DOES 1 through 50, inclusive. Defendants. CASE NO. 2:17-CV-04510- GW(ASx) JOINT RESPONSE TO ORDER TO SHOW CAUSE RE SETTLEMENT Date: March 14, 2019 Time: 8:30 a.m. Courtroom: 9D Case 2:17-cv-04510-GW-AS Document 63 Filed 03/12/19 Page 1 of 3 Page ID #:801 MATERN LAW GROUP, PC 1230 ROSECRANS AVENUE, STE 200 MANHATTAN BEACH, CA 90266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 JOINT RESPONSE TO OSC RE SETTLEMENT Plaintiff Celena King (“Plaintiff”) and defendant Great American Chicken Corp., Inc. (“Defendant”) hereby respond to the Court’s Order to Show Cause Re Settlement (Dkt. 62) as follows: On December 4, 2018, the parties participated in a mediation with mediator David A. Rotman, Esq. At the conclusion of the mediation, Mr. Rotman made a mediator’s proposal which set forth the material terms of a proposed class action settlement which would resolve this action in its entirety. The parties accepted the mediator’s proposal on December 19, 2018, subject to entering into a more comprehensive written settlement agreement. On January 11, 2019, the parties filed a Joint Notice of Settlement. Dkt. 61. In response, on January 15, 2019, the Court issued an Order to Show Cause Re Settlement, in which the Court set an Order to Show Cause re: Settlement Hearing for March 14, 2019 at 8:30 a.m. Dkt. 62. The Court also advised the parties that the hearing will be vacated and no appearance will be required if a stipulation to dismiss is filed by noon on March 13, 2019. Id. Because this is a class action settlement, the Court must approve the settlement before the action can be dismissed. The parties are in the process of finalizing the settlement agreement and expect to do so within the next two weeks. The parties anticipate filing the motion for preliminary approval of the class action settlement by April 15, 2019. Accordingly, the parties respectfully request that the Court continue the Order to Show Cause hearing currently set for March 14, 2019, at 8:30 a.m., to a date on or after April 17, 2019. /// /// /// /// /// Case 2:17-cv-04510-GW-AS Document 63 Filed 03/12/19 Page 2 of 3 Page ID #:802 MATERN LAW GROUP, PC 1230 ROSECRANS AVENUE, STE 200 MANHATTAN BEACH, CA 90266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 JOINT RESPONSE TO OSC RE SETTLEMENT Respectfully submitted, Dated: March 12, 2019 MATERN LAW GROUP, PC By: /s/ Kayvon Sabourian Matthew J. Matern Launa Adolph Kayvon Sabourian Attorneys for Plaintiff CELENA KING, on behalf of herself and all others similarly situated Dated: March 12, 2019 GREENBERG TRAURIG LLP By: /s/ Ashley Farrell Pickett Mark D. Kemple Ashley Farrell Pickett Attorneys for Defendant GREAT AMERICAN CHICKEN CORP, INC. ATTESTATION I hereby attest pursuant to L.R. 5-4.3.4 that all other signatories listed above, and on whose behalf the filing is submitted, concur in the content of this filing and have authorized this filing. /s/ Kayvon Sabourian Kayvon Sabourian Case 2:17-cv-04510-GW-AS Document 63 Filed 03/12/19 Page 3 of 3 Page ID #:803