Gilbert v. Site Safe Traffic Safety and Signs

Opinion

Randal M. Barnum State Bar No. 111287 Jenna R. Avila State Bar No. 307639 279 East H Street Benicia, CA 94510 Telephone: 707.745.3747 Facsimile: 707.745.4580 rbarnum@rmblaw.com javila@rmblaw.com

Attorneys for Defendant SITE SAFE TRAFFIC SAFETY AND SIGNS James R Hawkins State Bar No. 192925 Gregory Mauro State Bar No. 222239 Michael Calvo State Bar No. 314986 Lauten Falk State Bar No. 316893 Ava Issary, State Bar No. 342252 9880 Research Drive, Suite 200 Irvine, CA 92618 Telephone: 949.387.7200 Facsimile: 949.387.6676 James@jameshawkinsaplc.com Greg@ jameshawkinsaplc.com Michael@ jameshawkinsaplc.com Lauren@jameshawkinsaplc.com Ava@jameshawkinsaplc.com Attorneys for Plaintiff TODD GILBERT UNITED STATES DISTRICT COUT EASTERN DISTRICT OF CALIFORNIA

TODD GILBERT, individually and on CASE NO. 2:24−cv−00941−CKD behalf of all others similarly situated, JOINT STIPULATION AND ORDER TO Plaintiff, CONSOLIDATE CASES v.

SIGNS, a California corporation and DOES 1-50, inclusive,

Defendant.

TgeOnDerDal GpuILbBlicE aRsT p, roivna btee haattlof ronfe tyh ge eneral, CASE NO. 2:24-cv-01320-CSK

Plaintiff, v. SITE SAFE TRAFFIC SAFETY AND SIGNS, a California corporation and DOES 1-50, inclusive, Defendant. TO THE ABOVE-ENTITLED COURT AND TO ALL PARTIES AND THEIR COUNSEL OF RECORD: Plaintiff TODD GILBERT (hereinafter “Plaintiff”) and Defendant SITE SAFE TRAFFIC SAFETY AND SIGNS (hereinafter “Defendant”) are parties in the matters entitled, Todd Gilbert, individually and on behalf of all others similarly situated v. Traffic Safety and Signs (Case No. 2:24−cv−00941−CKD) and Todd Gilbert, on behalf of the general public as private attorney general v. Traffic Safety and Signs (Case No. 2:24-cv-01320-CSK), which are currently pending before this Court. The parties, by and through their respective counsel of record, have conferred and hereby stipulate to consolidate these cases pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. WHEREAS, presently pending in this Court are two related actions identified below: 1. Todd Gilbert, individually and on behalf of all others similarly situated v. Traffic Safety and Signs (Case No. 2:24−cv−00941−CKD);” and 2. Todd Gilbert, on behalf of the general public as private attorney general v. Traffic Safety and Signs (Case No. 2:24−CV−01320−TLN−CSK). In both cases, Plaintiff has alleged the same violations of the California Labor Code. /// /// WHEREAS, Rule 42(a) of the Federal Rules of Civil Procedure (“F.R.C.P.”) permits a court to consolidate actions pending before it if those actions involve a “common question of law or fact” and a Court may consider several factors that would affect the litigation including the burden on parties, witnesses, judicial resources, the risk of inconsistent adjudications, the potential for prejudice, and the risk of delaying trial. Johnson v. Celotex Corp., 899 F.2d 1281, 1285 (2nd Cir. 1990); Cantrell v. GAF Corp., 999 F.2d 1007, 1011 (6th Cir. 1993); Malcolm v. National Gypsum Co., 995 F.2d 346, 350 (2nd Cir. 1993); Mills v. Beech Aircraft Corp., 886 F.2d 758, 762 (5th Cir. 1989). WHEREAS, the Parties now seek to consolidate the above related actions pursuant to F.R.C.P. Rule 42 because each action asserts substantially the same claims and raise substantially the same questions of fact and law regarding liability and damages. WHEREAS, the instant actions have both been properly removed to the United States District Court, Eastern District of California and involve the same facts and circumstances, share many of the same causes of action, would require the same legal analysis, and as such, satisfy the requirement for consolidation under F.R.C.P. Rule 42(a). WHEREAS, consolidating these two cases would clearly serve the interests of justice, increase judicial efficiency, avoid duplicative evidence, procedures, and inconsistent adjudications, preclude waste, and alleviate potential burdens to the court and all parties involved. /// /// /// /// /// /// /// /// /// IT IS HEREBY STIPULATED, by and between the Parties hereto and through their respective attorneys of record that the above-entitled cases be consolidated and assigned to a United States Magistrate Judge for all purposes. Dated: May 31, 2024 LAW OFFICES OF BARNUM & AVILA

By: ______/s/ Randal M. Barnum_____ Randal M. Barnum Jenna R. Avila Attorneys for Defendant SITE SAFE TRAFFIC SAFETY AND SIGNS Dated: May 31, 2024 JAMES HAWKINS APLC

By: ______/s/ Ava Issary __________ James R Hawkins Gregory Mauro Michael Calvo Lauten Falk Ava Issary Attorneys for Plaintiff

Based upon the stipulation of the parties, the Court ORDERS the matters of Todd Gilbert, individually and on behalf of all others similarly situated v. Traffic Safety and Signs (Case No. 2:24−cv−00941−CKD) and Todd Gilbert, on behalf of the general public as private attorney general v. Traffic Safety and Signs (Case No. 2:24-cv-01320-CSK) are hereby CONSOLIDATED FOR ALL PURPOSES and assigned to United States Magistrate Judge Carolyn K. Delaney. The new case number for all filings is 2:24-cv-00941-CKD. All further filed documents shall be filed in the lead case 2:24-cv-941-CKD. No further documents shall be filed in the member case 2:24-cv-1320. The Clerk is DIRECTED to close member case 2:24-cv-1320. No later than thirty days from the date of this order, plaintiff shall file a combined amended complaint setting forth his claims in both cases. Dated: July 8, 2024 fi se Ld Pics ANI fe fo. AG UNITED STATES MAGISTRATE JUDGE

TOINT STIPUT ATION FOR ORDER ANT) [PROPOSED] ORDER TO CONSOT TINDATE CASES