Opinion
Master File: 1:07-cv-01314-OWW-DLB
09-29-2011
IRELL & MANELLA LLP
Layn R. Phillips (103854)
Andra Barmash Greene (123931)
Julie M. Davis (232488)
Eric Hayden (254107)
LITTLER MENDELSON
Spencer H. Hipp (90485) (shipp@littler.com)
Attorneys for Defendants
Taco Bell Corp. and
Taco Bell of America, Inc.
ORDER REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND TACO BELL'S MOTION TO
EXCLUDE THE DECLARATION AND REPORT OF JAMES LACKRITZ
ORDER
The Court, having read and considered the parties' papers regarding Plaintiffs' Motion for Class Certification, and the parties' papers regarding Defendants Taco Bell Corp. and Taco Bell of America, Inc.'s ("Taco Bell") Motion to Exclude the Declaration and Report of James Lackritz, and after hearing the matters on June 6 and June 7, 2011, and rendering a written decision on September 26, 2011, HEREBY ORDERS AS FOLLOWS:
1. Plaintiffs' Motion for Class Certification is DENIED without prejudice as to the final pay and vacation pay subclasses.
2. Taco Bell's Motion to Exclude the Declaration and Report of James Lackritz is GRANTED as to his opinions on Plaintiffs' final pay and vacation pay claims.
3. The Court will consider nomination of additional Plaintiffs' lawyers to serve as co-lead class counsel, when and if a class or subclass is ever certified.
IT IS SO ORDERED.
Hon. Oliver W. Wanger
Judge, United States District Court