Opinion
Master File: 1:07-cv-01314-OWW-DLB.
September 9, 2011
IRELL MANELLA LLP, Layn R. Phillips (103854), Andra Barmash Greene (123931), Julie M. Davis (232488), Eric Hayden (254107), Newport Beach, California, LITTLER MENDELSON, Spencer H. Hipp (90485), Fresno, California, Attorneys for Defendants, Taco Bell Corp. and Taco Bell of America, Inc.
ORDER GRANTING DEFENDANTS TACO BELL CORP.'S AND TACO BELL OF AMERICA, INC.'S MOTION TO STAY
ORDER
The Court, having read and considered the parties' papers regarding Defendants Taco Bell Corp.'s and Taco Bell of America, Inc.'s Motion to Stay, and after hearing the matter on August 22, 2011 and rendering a written decision on August 30, 2011, HEREBY ORDERS AS FOLLOWS:
1. Defendants' motion to stay is GRANTED. All further proceedings in this action with regard to Plaintiffs' Fourth Cause of Action (missed meal periods) and Fifth Cause of Action (missed rest periods) are hereby stayed until the California Supreme Court issues its decision in Brinker Restaurant Corp. v. Superior Court, 165 Cal. App. 4th 24 (2008), review granted, 85 Cal. Rptr. 3d 688 (2008) (" Brinker") and in Brinkley v. Public Storage, Inc., 167 Cal. App. 4th 1278 (2008), review granted, 87 Cal. Rptr. 3d 674 (2009) (" Brinkley").
2. The parties shall provide notice to the Court when the California Supreme Court issues its decision and opinion in Brinker or Brinkley.
3. A status conference is set for August 20, 2012 in the above-entitled Court, Courtroom 3 at 10:00 a.m.
4. During the pendency of the stay, Plaintiffs may, if they deem it in their best interests, dismiss their meal break and rest break claims without prejudice.
5. This stay shall not affect in any way the pending motion on class certification issues.
IT IS SO ORDERED.