Free Notice of Related Case - District Court of California - California

Case 3:08-cv-00422-BEN-JMA

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JEREMY A. ROTH, Bar No. 129007 LARA K. STRAUSS, Bar No. 222866 LITTLER MENDELSON A Professional Corporation 501 W. Broadway, Suite 900 San Diego, CA 92101.3577 Telephone: 619.232.0441 Attorneys for Defendants ABM INDUSTRIES INCORPORATED AND AMPCO SYSTEM PARKING

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA WILLIAM CHEN, on behalf of himself and all others similarly situated, Plaintiffs, Case No. 08cv0422 BEN (JMA) CLASS/COLLECTIVE ACTION DEFENDANTS ABM INDUSTRIES INCORPORATED'S AND AMPCO SYSTEM PARKING'S NOTICE OF RELATED CASES [Southern District Local Rule 40.1(e)]

v.
AMPCO SYSTEM PARKING, a California corporation, ABM INDUSTRIES, INC., a Delaware corporation and DOES 1 through 100, Inclusive, Defendants.

TO PLAINTIFF AND HIS ATTORNEYS OF RECORD AND THE COURT: PLEASE TAKE NOTICE that Defendants ABM INDUSTRIES INCORPORATED and AMPCO SYSTEM PARKING hereby submit the following Notice of Related Cases pursuant to United States District Court, Southern District of California Local Civil Rule 40.1(e): NOTICE OF RELATED CASES Based on Plaintiffs counsel's recent representations that the off-the-clock claims at issue in this litigation involve time allegedly worked off-the-clock during meal periods provided pursuant to California law, the following pending cases appear to be related to the above-captioned civil action that is currently pending before this Court: 1. Joaquin Diaz, et al, on behalf of themselves and others similarly situated, v. Ampco System Parking, et al, Los Angeles Superior Court Case No. BC362932; Freddy Reyes, et al. v. 08cv0422 BEN (JMA) j_ DEFENDANTS' NOTICE OF RELATED CASES

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LITTLER MENDELSON
501 W Broadway Suite 900 San Diego. CA 92101 3577 519232 0441

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Ampco System Parking, Los Angeles Superior Court Case No. BC381523; and Jose Morales, et al. v. Ampco System Parking, Los Angeles Superior Court Case No. BC380923, all related, consolidated and pending before the Honorable Carolyn B. Kuhl in Department 323 of the Los Angeles County Superior Court (referred to collectively as the "Diaz Actions"). The Diaz Actions involve putative class action(s). The named plaintiffs in the Diaz Actions allege various state wage and hour-related causes of action against Ampco System Parking under California state law, including claims for failure to provide meal and rest periods, failure to pay wages and overtime, failure to pay minimum wage, unfair competition, nonpayment of wages, waiting time penalties, failure to keep and furnish accurate itemized wage statements, unfair business practices and recovery of civil penalties under the California Private Attorney General Act. The Diaz Actions seek certification of a putative class(es) consisting of all persons employed by Ampco System Parking as non-exempt parking lot attendants at locations within the State of California. Although the Diaz Actions involve violations of California state law and this action involves a single claim for failure to pay wages under the Fair Labor Standards Act for off-the-clock work, the Diaz Actions are related to this action based on the overlapping claims for failure to pay wages and Plaintiffs counsel's representations that Plaintiffs off-the-clock claims include time worked during meal periods under California law, which necessarily involves overlapping facts. The Diaz Actions also involve parking lot attendants in California while this action involves parking lot attendants and cashiers on a nationwide basis, including those located in California. Putative class members in the Diaz Actions and this action therefore also overlap. Accordingly, the Diaz Actions and this action are related for purposes of Local Rule 40.1(f) in that they: (1) involve some of the same parties and are based on the same or similar claims; and (2) involve some of the same facts and the same questions of law. 2. Caleb Tan, individually and on behalf of all others similarly situated v. Ampco System Parking, San Francisco Superior Court Case No. CGC-08-477592. The named plaintiffs in Tan allege various state wage and hour-related causes of action against Ampco System Parking under California state law, including claims for failure to provide meal and rest periods, failure to pay wages and overtime, failure to provide accurate itemized wage 08cv0422 BEN (JMA)
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LITTLER MENDELSON A PROFESSIONAL CORPORATION 501 W Broadway Suile 900 San Diogo CA 92101 3577 619 232 0 4 4 1

DEFENDANTS'NOTICE OF RELATED CASES

Case 3:08-cv-00422-BEN-JMA

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statements, waiting time penalties and unfair business practices. The Tan action seeks to certify a putative class consisting of "all persons who are/were employed by AMPCO SYSTEM PARKING, as non-exempt parking lot attendants at locations within the State of California where only one attendant was or is on duty per shift at any time between July 16, 2004 and the present." Although Tan involves violations of California state law and this action involves a single claim for failure to pay wages under the Fair Labor Standards Act for off-the-clock work, the Tan action is related to this action based on the overlapping claims for failure to pay wages and Plaintiff's counsel's representations that Plaintiffs off-the-clock claims include time worked during meal periods under California law, which necessarily involves overlapping facts. The Tan action also involves parking lot attendants in California while this action involves parking lot attendants and cashiers on a nationwide basis, including those located in California. Putative class members in the two actions therefore overlap. Accordingly, the two cases are related for purposes of Local Rule 40.1(f) in that they: (1) involve some of the same parties and are based on the same or similar claims; and (2) involve some of the same facts and the same questions of law.

Dated: August 15, 2008

/s/ Lara K. Strauss JEREMY A. ROTH LARA K. STRAUSS LITTLER MENDELSON A Professional Corporation Attorneys for Defendants ABM INDUSTRIES INCORPORATED AND AMPCO SYSTEM PARKING

Firmwide:86203503.1 052796.1038

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LITTLER MENDELSON A PROFESSIONAL CORPORATION 501 W Bioadway Sntlt 900 San Diogo. CA 92101 35

08cv0422 BEN (JMA)

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DEFENDANTS' NOTICE OF RELATED CASES

619 232 0441

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LITTLER MENDELSON A PROFESSIONAL CORPORATION 501 W Bioadway Smlo 900
619 232 0441

William Chen v. Ampco System Parking, et al. USDC Case No. 08cv0422 BEN (JMA) PROOF OF ELECTRONIC SERVICE I am employed in San Diego County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is 501 W. Broadway, Suite 900, San Diego, California 92101-3577. On August 15, 2008,1 caused the following documents: DEFENDANTS ABM INDUSTRIES INCORPORATED'S AND AMPCO SYSTEM PARKING'S NOTICE OF RELATED CASES to be filed electronically with the Clerk of the Court through Electronic Case Filing (ECF) and that ECF will send an e-notice of the electronic filing to the following: Rene L. Barge, Esq. Katherine J. Odenbreit, Esq. Class Action Litigation Group, APC 11111 Santa Monica Blvd., Suite 1000 Los Angeles, CA 90025 (310)481-9851 [email protected] kodenbreit(o),class-action-attornevs.com Bruce Kokozian, Esq. Kokozian & Nourmand, LLP 5900 Wilshire Blvd., Suite 1730 Los Angeles, CA 90036 (323)935-6677 [email protected] Attorneys for Plaintiffs, William Chen, et al.

Attorneys for Plaintiffs, William Chen, et al.

I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on August 15, 2008, at San Diego, California.

Karen Z. O'Connor

Firmwide:86237150.1 052796.1038

08cv0422 BEN (JMA)

PROOF OF SERVICE