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Case5:13-cv-02246-LHK Document23 Filed11/22/13 Page1 of 4

STEVEN M. TINDALL, State Bar No. 187862
ROSHA K. JONES, State Bar No. 279143
RUKIN HYLAND DORIA & TINDALL LLP
100 Pine Street, Suite 2150
San Francisco, California 94111
Telephone: (415) 421-1800
Facsimile: (415) 421-1700

Attorneys for Plaintiff
Maria Hernandez

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MARIA HERNANDEZ, Plaintiff on behalf
of herself and all others similarly situated,


Plaintiff,



v.


CHILDREN’S CREATIVE LEARNING
CENTERS; KNOWLEDGE LEARNING
CORPORATION; and DOES 1 through 100,
inclusive,

Defendants.




Case No. CV 13-02246 LHK

JOINT CASE MANAGEMENT
STATEMENT AND REQUEST TO
CONTINUE CASE MANAGEMENT
CONFERENCE

Date of CMC: November 27, 2013
Time: 2:00 p.m.
Courtroom: 8
Judge: Hon. Lucy H. Koh



Plaintiff Maria Hernandez, on behalf of herself and all others similarly situated, and

Defendants Children’s Creative Learning Center, Inc., and Knowledge Universe Education LLC

(formerly known as Knowledge Learning Corporation) (collectively, “the parties”), hereby jointly

submit this Case Management Statement in advance of the Case Management Conference

currently scheduled for November 27, 2013.

DESCRIPTION OF THE CASE

In this proposed class action, Plaintiff contends that Defendants failed to pay overtime pay

for hours worked both on and off the clock, failed to provide uninterrupted meal periods, and

failed to provide proper itemized wage statements. Defendants contend that they have, at all

times relevant to the case, complied with California wage and hour laws.

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JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE

Case5:13-cv-02246-LHK Document23 Filed11/22/13 Page2 of 4

Defendants provide employer-sponsored early childhood education at or near its clients’

places of business, including its Mountain View and San Jose locations. Plaintiff and the

proposed class members are current and former teachers who worked for Defendant Children’s

Creative Learning Center at two locations in California (San Jose and Mountain View).

PROCEDURAL HISTORY

Plaintiff filed an individual complaint in the Santa Clara County Superior Court and

amended it on August 13, 2012 to assert claims on behalf of the proposed Class Members. After

a case management conference with Hon. Peter Kirwan of the Santa Clara County Superior

Court, the Plaintiff requested and received documents from Defendants regarding her claims. The

parties also held a mediation session with experienced class action mediator Steven Pearl of ADR

Services. Although the parties made some progress toward resolution, they were unable to

resolve the matter. On or about May 20, 2013 (after the first day of mediation), Defendants

removed the case to the Northern District of California, where it is now pending.

After additional documents were exchanged, on July 26, 2013, the parties engaged in a

second day of mediation with Mr. Pearl. At the close of the mediation, the parties signed a

Memorandum of Understanding regarding a tentative class action settlement. On August 13,

2013, the parties submitted a joint stipulation and proposed order to stay Court deadlines so that

they may complete their settlement negotiations.

By Order of September 9, 2013, this Court ordered all deadlines to be stayed for 90 days

(or until December 9, 2013) and ordered the parties to provide the Court with an update of their

status by September 27, 2013 (which on September 19, 2013 and October 3, 2013 was amended)

(Elec. Doc. ## 16, 17, 19).

STATUS OF SETTLEMENT

As indicated in the parties previous Case Management Statement (Elec. Doc. # 18),

Plaintiff requested from Defendants specific confirmatory discovery regarding one term of the

proposed class action settlement, which Plaintiff has since received and reviewed. The parties

have now drafted a detailed settlement agreement and have exchanged proposed revisions to it.

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JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE

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Case5:13-cv-02246-LHK Document23 Filed11/22/13 Page3 of 4

The parties believe that they will be able to finalize the settlement agreement and supporting

documents within the next 21 days, at which time the parties intend to submit the settlement to

the Court for preliminary settlement approval.

PROPOSED SCHEDULE

The parties are confident that they will be able to finalize the settlement agreement and

submit it to the Court for preliminary approval by December 11, 2013. The parties are more than

willing to appear at the Case Management Conference on November, 27, 2013 to address any

questions the Court may have. In the interests of judicial efficiency, however, the parties

respectfully request that the Case Management Conference be continued for twenty-one days

(until December 18, 2013) so that they may have an opportunity to finalize the settlement

agreement and submit a motion for preliminary approval.






Dated: November 21, 2013



Respectfully submitted,

RUKIN HYLAND DORIA & TINDALL LLP


By: /s/ Steven M. Tindall ________________________


Steven M. Tindall (State Bar No. 187862)
Rosha K. Jones (State Bar No. 279143)
100 Pine Street, Suite 2150
San Francisco, CA 94111
Telephone: (415) 421-1800
Facsimile: (415) 421-1700

Steven M. Tindall

Dated: November 21, 2013 SEYFARTH SHAW, LLP






By: _/s/ Jon D. Meer__________ _______



Jon D. Meer, State Bar No. 144389
Daniel C. Whang, State Bar No. 223451
2029 Century Park East, Suite 3500
Los Angeles, CA 90067-3021
Telephone: (310) 277-7200
Facsimile: (310) 201-5219
Attorneys for Defendants Children’s Creative Learning
Center, Inc. and Knowledge Universe Education LLC

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JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE

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Case5:13-cv-02246-LHK Document23 Filed11/22/13 Page4 of 4

PROPOSED ORDER





In light of the parties’ ongoing attempts to resolve this matter through settlement, the

Court concludes that, in the interests of judicial efficiency, the Case Management Conference

currently scheduled for November 27, 2013 shall be CONTINUED to December 18, 2013. The

Court ORDERS the Parties to file a Joint Case Management Statement by December 11, 2013 to

apprise the Court of the status of the Settlement.



IT IS SO ORDERED.


Dated: November __, 2013












__________________________
Hon. Lucy H. Koh
United States District Court Judge




















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