1 Roman Otkupman, CSBN 249423 [email protected] 2 Nidah Farishta, CSBN 312360 [email protected] 3 OTKUPMAN LAW FIRM, A LAW CORPORATION 5743 Corsa Ave, Suite 123 4 Westlake Village, CA 91362 Telephone: (818) 293-5623 5 Facsimile (888) 850-1310 6 Attorneys for Plaintiff, BRENDA GANTHER, on behalf of herself and all others similarly situated, and on behalf of the 7 general public 8 Tyler M. Paetkau (SBN 146305) Olga Savage (SBN 252009) 9 HUSCH BLACKWELL LLP 10 1999 Harrison St., Suite 700 Oakland, CA 94612 11 Telephone: 510.768.0650 Facsimile: 510.768.0651 12 [email protected] [email protected] 13 Attorneys for Defendant 14 TRANSDEV SERVICES, INC. 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 BRENDA GANTHER, on behalf of herself Case No. 4:22-cv-04230-KAW and all other similarly situated employees, and 20 on behalf of the general public; JOINT STIPULATION CONSOLIDATING CASES AND 21 Plaintiff, MODIFYING CASE MANAGEMENT ORDER; ORDER THEREON 22 v. 23 TRANSDEV SERVICES, INC., a Maryland Corporation, and DOES 1 through 10, 24 inclusive, 25 Defendants. 26 27 28 -1 - 1 2 TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD: 3 Plaintiff BRENDA GANTHER (“Plaintiff”) and Defendant TRANSDEV SERVICES, 4 INC. (“Defendant”) (jointly referred to as “the Parties”) by and through their respective counsel of 5 record have conferred and hereby stipulate to consolidate cases Brenda Ganther, et al. v. Transdev 6 Services, Inc., et al. (the instant case) and Brenda Ganther, et al. v. Transdev Services, Inc., et al. 7 (Case No. 4:22-cv-08894-KAW) pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. 8 The Parties further stipulate to continue the mediation completion deadline, class certification 9 motion dates, and further case management conference, as set forth below. 10 JOINT STIPULATION 11 WHEREAS, presently pending in this Court are two related actions identified below: 12 1. Brenda Ganther, et al. v. Transdev Services, Inc., et al., United States District Court, 13 Northern District of California, Case No. 4:22-cv-04230-KAW (“Class Action”); and 14 2. Brenda Ganther, et al. v. Transdev Services, Inc., et al., United States District Court, 15 Northern District of California, Case No.4:22-cv-08894-KAW (“PAGA Action”); 16 WHEREAS, both cases involve the same common questions of law and fact; 17 WHEREAS, Rule 42(a) of the Federal Rules of Civil Procedure permits a court to 18 consolidate actions pending before it if those actions involve a “common question of law or fact” 19 and a Court may consider several factors that would affect the litigation including the burden on 20 parties, witnesses, judicial resources, the risk of inconsistent adjudications, the potential for 21 prejudice, and the risk of delaying trial. Johnson v. Celotex Corp.,

(2nd Cir. 22 1990); Cantrell v. GAF Corp.,

(6th Cir. 1993); Malcolm v. National Gypsum 23 Co.,

, 350 (2nd Cir. 1993); Mills v. Beech Aircraft Corp.,

(5th Cir. 24 1989); 25 WHEREAS, the Parties now seek to consolidate the above related actions, with the Class 26 Action being the lead case, pursuant to F.R.C.P. 42 because both cases involve common questions 27 of law and fact; 28 -2 - 1 WHEREAS, the instant Class Action and PAGA Action are both pending in the same 2 court (United States District Court, Northern District of California) and involve common questions 3 of law and fact, and thereby satisfy the only requirement for consolidation under Rule 42(a); 4 WHEREAS, consolidating the Class Action and PAGA Action would clearly serve the 5 interests of justice: increases judicial efficiency, avoids duplicative evidence, procedures, and 6 inconsistent adjudications, precludes waste, and alleviates potential burdens to the court and all 7 parties involved. 8 WHEREAS, the deadline to complete mediation in the Class Action is currently set for 9 January 29, 2024; the deadline to file a motion for class certification in the Class Action is 10 currently set for March 8, 2024; and the hearing on the motion for class certification in the Class 11 Action is currently set for June 6, 2024 [Dkt. 26]. 12 WHEREAS, the Parties agree that additional time is needed to complete discovery and 13 continue to confer regarding mediation. The Parties are actively engaged in discovery, including 14 written discovery, depositions (which the Parties are scheduling for February and March 2024) 15 and the Belaire West notice process, which the Parties anticipate will be completed on or before 16 March 15, 2024. The Parties are also conferring regarding a production of a representative 17 sampling of putative class member time and payroll records. 18 STIPULATION 19 IT IS HEREBY STIPULATED, by and between the Parties hereto through their 20 respective attorneys of record: 21 1. The Class Action and PAGA Action will be consolidated with the Class Action being 22 the lead case; 23 2. The Scheduling Order in the Class Action shall be modified as follows and shall govern 24 the consolidated case as follows: 25 26 DEADLINE/HEARING CURRENT DATE REQUESTED DATE 27 Mediation Completion 01/29/2024 07/29/2024 28 -3 - 1 Deadline 2 Class Certification: Motion Due 03/08/2024 09/13/2024 3 Class Certification: Opposition Due 04/05/2024 10/11/2024 4 Class Certification: Reply Due 05/03/2024 11/8/2024 5 Class Certification: Hearing 06/06/2024 12/5/2024 6 Further Case Management 7 Conference 07/16/2024 01/14/2025 8 IT IS SO STIPULATED. 9 Dated: January 30, 2024 Respectfully submitted, 10 OTKUPMAN LAW FIRM, A LAW CORPORATION 11 12 13 By: /s/ Roman Otkupman Roman Otkupman 14 Nidah Farishta Attorney for Plaintiff 15 BRENDA GANTHER 16 Dated: January 30, 2024 Respectfully submitted, 17 HUSCH BLACKWELL LLP 18 19 By: /s/ Olga Savage 20 Tyler M. Paetkau Olga Savage 21 Attorneys for Defendant TRANSDEV SERVICES, INC. 22 23 24 25 26 27 28 -4 - 1 ORDER 2 Based upon the stipulation of the Parties, the Court ORDERS: 3 1. Brenda Ganther, et al. v. Transdev Services, Inc., et al., United States District Court 4 Northern District of California, Case No. 4:22-cv-04230-KAW (“Class Action”) and Brend 5 || Ganther, et al. v. Transdev Services, Inc., et al., United States District Court, Northern District o 6 | California, Case No.4:22-cv-08894-KAW (“PAGA Action”) are CONSOLIDATED FOR ALI 7 | PURPOSES. The new case number for all filings is 4:22-cv-04230-KAW; 8 2. The Parties shall comply with the Scheduling Order issued in the Class Action, anc 9 | which is modified as follows: 10 a. The deadline to complete mediation is July 29, 2024; 11 b. The deadline to file a motion for class certification is September 13, 2024; 12 c. The deadline to file an opposition to the motion for class certification is October 11 13 | 2024; 14 d. The deadline to file a reply to the opposition to the motion for class certification 1 15 | November 8, 2024; 16 e. The motion for class certification will be heard on December 5, 2024 at 1:30 P.M. 17 f. A further case management conference is set for January 14, 2025 at 1:30 P.M. 18 g. All dates set in Brenda Ganther, et al. v. Transdev Services, Inc., et al., Unite 19} States District Court, Northern District of California, Case No.4:22-cv-08894-KAW are hereb: 20 | VACATED. 21 22 | IT IS SO ORDERED. 23 . Dated: February 20, 2024 24 Ke ie TES Adee ATE JUDGE 25 26 27 28 -5- JOINT STIPULATION CONSOLIDATING CASES AND MODIFYING CASE MANAGEMENT ORDER: ORDER THEREON