Judge Elaine Lu, Case Number: 24STCV24556, Date: 2025-03-10 Tentative Ruling

Judge: Elaine Lu, Case: 24STCV24556, Date: 2025-03-10 Tentative Ruling

Case Number: 24STCV24556 Hearing Date: March 10, 2025 Dept: 9

The Court hereby distributes a tentative ruling for the Case Management Order. The parties are welcome to provide input and propose modification(s) to any aspect of the CMO at the Initial Status Conference. If all parties submit on the tentative CMO prior to the commencement of the March 10, 2025 ISC, the Court will adopt the tentative CMO, and the parties need not appear.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

Keshone Sullivan v Fogo de Chao Churrascaria (Woodland Hills) LLC, et al,

24STCV24556

[TENTATIVE] CASE MANAGEMENT ORDER

This action has been designated as complex pursuant to CRC 3.400(a), and thus requires exceptional judicial management. All provisions of this CMO are deemed necessary to carry out the purposes of Rule 3.400(a), and to promote effective decision-making by the Court. They are based upon individual consideration of this complex action, including the Status Conference Reports previously filed by the parties.

1. Defendant states that Plaintiff has signed an arbitration agreement and has produced the arbitration agreement to Plaintiff.

2. In the Joint Initial Status Conference Statement, Plaintiff states that Plaintiff intends to dismiss his class and representative allegations in light of a pending matter with overlapping claims, Margalara Safi v. Fogo De Chao, Inc. et al., Santa Clara Superior Court, Case No. 17CV318072 (“Safi matter”). The Parties are attempting to meet and confer regarding Plaintiff’s individual claims in light of the overlapping and pending lawsuits filed against Defendants. The parties are ordered to file a Joint Status Report Re: Settlement Efforts by no later than May 12, 2025. A Non-Appearance Case Review re settlement efforts is set for June 18, 2025 at 8:30 AM, Department 9.

3. The Court hereby lifts the stay to permit Defendant to file and serve a Motion to Compel Arbitration. Defendant must file and serve a Motion to Compel Arbitration by no later than June 11, 2025. Before filing any demurrer or other motion, the moving party must contact the Court Staff in Department 9 to obtain a hearing date and a briefing schedule. The Court sets a Non-Appearance Case Review Re: Filing and Serving of Defendant’s Motion to Compel Arbitration for June 18, 2025, 8:30 AM, Department 9.

4. Phased Discovery. Discovery shall be phased. Upon the filing of any motion to compel arbitration, the stay shall be lifted, and the parties will be permitted to conduct discovery on the arbitration issue only. Once an answer is filed and served or, if applicable, after the Court rules on the motion to compel arbitration or pleading challenge, the Court will permit class certification discovery only. Informal discovery is permitted. Merits-based discovery will be allowed after a successful class certification motion. If there is a dispute concerning whether a given discovery request is arbitration based, or certification or merits-based, the parties are to set up a telephonic conference with the court pursuant to the instructions herein.

5. Protective Order. Parties are alerted that model protective orders may be found at Los Angeles Superior Court website at http://www.lacourt.org/division/civil/CI0043.aspx. The parties are encouraged to use these model orders as shown, or if modified, as a template for the modified order. A redlined courtesy copy must be posted on the e-service bulletin board and lodged with the court at the time of filing. The parties must use the redlined version to identify any changes proposed to the model order.

6. E-service & E-filing. Electronic service is not the same as electronic filing. The parties have agreed, and the Court has signed an order authorizing Case Anywhere as the e-service to be used in this case. Argument must not be posted on the bulletin board. For information on electronic filing in the Complex Courts, please refer to https://www.lacourt.org/division/efiling/efiling2.aspx and http://www.lacourt.org/division/efiling/pdf/ComplexefilingFAQs.pdf.

7. Telephonic conferences. The Court handles discovery motions informally, using telephonic conferences and LA CourtConnect. Counsel must post a message via their Electronic Service Provider to request any informal discovery conference or other conference. The Court will either reply to the message or issue a Minute Order setting the conference. The telephonic conference will automatically be taken off calendar if all relevant parties have not scheduled the telephonic conference with LA CourtConnect. Parties must file and serve a 5-page joint brief two days before the conference. Since these conferences are informal, no court reporter or audio recording is permitted.

8. Potential Related Cases. Counsel are ordered to file and serve a Notice of Related Case for any potentially related cases pursuant California Rule of court Rule 3.300, including any PAGA case involving the same representative plaintiff. This is a continuing obligation on both plaintiffs and defendants while this case is pending. The Joint Initial Status Conference Statement identifies at least four other actions with overlapping class definitions:

Margalara Safi v. Fogo De Chao, Inc. et al., Case No. 17CV318072, Santa Clara Superior Court;

Sam Moussa v. Fogo De Chao Churrascaria (California), LLC, Case No. BC68939, Los

Angeles Superior Court;

Faraz Yousefian v. Fogo De Chao Churrascaria California, LLC, et al., Case No. BC709638, Los Angeles Superior Court; and

Rick Mejia v. Fogo De Chao Churrascaria (El Segundo), LLC, et al., 24STCV28857, Los Angeles Superior Court.

By no later than April 8, 2025, the parties are ordered to file and serve a notice of related cases on all parties in all these cases seeking to relate these actions with overlapping class definitions. The Court sets a Non-Appearance Case Review Re: Filing and Service of Notice of Related Cases for April 15, 2025, 8:30 AM, Department 9.

9. Settlement. File a Notice of Settlement on Judicial Council form CM-200, a mandatory form.

a. Consider using the form wage and hour settlement agreements now available on the court’s website at https://www.lacourt.org/forms/all – “Civil Forms” section. With input and unanimous consensus from an Ad Hoc Wage and Hour Committee, the court posted: (1) a form class action settlement agreement, (2) a form class action/PAGA settlement agreement, (3) and a form PAGA settlement agreement. Using these forms should cut down on attorney negotiation time and reduce the lag time between a successful mediation and execution of a long form agreement. Filing a motion that is based on a form agreement and includes a redlined copy identifying modifications will also expedite the court’s review process and help reduce the current backlog on hearings.

b. If settlement includes dismissal of class action claims (such as a PAGA only settlement or an individual settlement), then Plaintiff must comply with CRC 3.769 and 3.770 in order to obtain dismissal of class claims. Do NOT use Judicial Council Form Civ-110, Request for Dismissal.

Plaintiff is ordered to download the instant signed order from the Court’s website, to give formal notice to all other parties, and to file proof of service of such within five (5) days.

IT IS SO ORDERED.

DATED: March 10, 2025

__________________________

ELAINE LU

Judge of the Superior Court