1 Randal M. Barnum State Bar No. 111287 Jenna R. Avila State Bar No. 307639 2 LAW OFFICES OF BARNUM & AVILA 279 East H Street 3 Benicia, CA 94510 Telephone: 707.745.3747 4 Facsimile: 707.745.4580 rbarnum@rmblaw.com 5 javila@rmblaw.com

6 Attorneys for Defendant SITE SAFE TRAFFIC

SAFETY AND SIGNS

7 James R Hawkins State Bar No. 192925 8 Gregory Mauro State Bar No. 222239 Michael Calvo State Bar No. 314986 9 Lauten Falk State Bar No. 316893 Ava Issary, State Bar No. 342252 10 JAMES HAWKINS APLC 9880 Research Drive, Suite 200 11 Irvine, CA 92618 Telephone: 949.387.7200 12 Facsimile: 949.387.6676 James@jameshawkinsaplc.com 13 Greg@ jameshawkinsaplc.com Michael@ jameshawkinsaplc.com 14 Lauren@jameshawkinsaplc.com Ava@jameshawkinsaplc.com 15 Attorneys for Plaintiff TODD GILBERT 16

UNITED STATES DISTRICT COUT

17

EASTERN DISTRICT OF CALIFORNIA

18

19 TODD GILBERT, individually and on CASE NO. 2:24−cv−00941−CKD behalf of all others similarly situated, 20 JOINT STIPULATION AND ORDER TO Plaintiff, CONSOLIDATE CASES 21 v.

22 SITE SAFE TRAFFIC SAFETY AND SIGNS, a California corporation and 23 DOES 1-50, inclusive,

24 Defendant.

25 26 27 28 1 TgeOnDerDal GpuILbBlicE aRsT p, roivna btee haattlof ronfe tyh ge eneral, CASE NO. 2:24-cv-01320-CSK 2

3 Plaintiff, v. 4

SITE SAFE TRAFFIC SAFETY AND

5 SIGNS, a California corporation and DOES 1-50, inclusive, 6 Defendant. 7 8 9 TO THE ABOVE-ENTITLED COURT AND TO ALL PARTIES AND THEIR 10 COUNSEL OF RECORD: 11 Plaintiff TODD GILBERT (hereinafter “Plaintiff”) and Defendant SITE SAFE TRAFFIC 12 SAFETY AND SIGNS (hereinafter “Defendant”) are parties in the matters entitled, Todd 13 Gilbert, individually and on behalf of all others similarly situated v. Traffic Safety and Signs 14 (Case No. 2:24−cv−00941−CKD) and Todd Gilbert, on behalf of the general public as private 15 attorney general v. Traffic Safety and Signs (Case No. 2:24-cv-01320-CSK), which are currently 16 pending before this Court. The parties, by and through their respective counsel of record, have 17 conferred and hereby stipulate to consolidate these cases pursuant to Rule 42(a) of the Federal 18 Rules of Civil Procedure. 19 JOINT STIPULATION 20 WHEREAS, presently pending in this Court are two related actions identified below: 21 1. Todd Gilbert, individually and on behalf of all others similarly situated v. Traffic 22 Safety and Signs (Case No. 2:24−cv−00941−CKD);” and 23 2. Todd Gilbert, on behalf of the general public as private attorney general v. Traffic 24 Safety and Signs (Case No. 2:24−CV−01320−TLN−CSK). 25 In both cases, Plaintiff has alleged the same violations of the California Labor Code. 26 /// 27 /// 28 1 WHEREAS, Rule 42(a) of the Federal Rules of Civil Procedure (“F.R.C.P.”) permits a 2 court to consolidate actions pending before it if those actions involve a “common question of law 3 or fact” and a Court may consider several factors that would affect the litigation including the 4 burden on parties, witnesses, judicial resources, the risk of inconsistent adjudications, the 5 potential for prejudice, and the risk of delaying trial. Johnson v. Celotex Corp., 899 F.2d 1281, 6 1285 (2nd Cir. 1990); Cantrell v. GAF Corp., 999 F.2d 1007, 1011 (6th Cir. 1993); Malcolm v. 7 National Gypsum Co., 995 F.2d 346, 350 (2nd Cir. 1993); Mills v. Beech Aircraft Corp., 886 8 F.2d 758, 762 (5th Cir. 1989). 9 WHEREAS, the Parties now seek to consolidate the above related actions pursuant to 10 F.R.C.P. Rule 42 because each action asserts substantially the same claims and raise 11 substantially the same questions of fact and law regarding liability and damages. 12 WHEREAS, the instant actions have both been properly removed to the United States 13 District Court, Eastern District of California and involve the same facts and circumstances, share 14 many of the same causes of action, would require the same legal analysis, and as such, satisfy the 15 requirement for consolidation under F.R.C.P. Rule 42(a). 16 WHEREAS, consolidating these two cases would clearly serve the interests of justice, 17 increase judicial efficiency, avoid duplicative evidence, procedures, and inconsistent 18 adjudications, preclude waste, and alleviate potential burdens to the court and all parties 19 involved. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 STIPULATION 2 IT IS HEREBY STIPULATED, by and between the Parties hereto and through their 3 respective attorneys of record that the above-entitled cases be consolidated and assigned to a 4 United States Magistrate Judge for all purposes. 5 IT IS SO STIPULATED. 6 Dated: May 31, 2024 LAW OFFICES OF BARNUM & AVILA

7

8 By: ______/s/ Randal M. Barnum_____ 9 Randal M. Barnum Jenna R. Avila 10 Attorneys for Defendant

SITE SAFE TRAFFIC SAFETY AND

11

SIGNS

12 Dated: May 31, 2024 JAMES HAWKINS APLC 13

14

15 By: ______/s/ Ava Issary __________ James R Hawkins 16 Gregory Mauro Michael Calvo 17 Lauten Falk Ava Issary 18 Attorneys for Plaintiff 19 TODD GILBERT

20 21 ORDER 22 Based upon the stipulation of the parties, the Court ORDERS the matters of Todd Gilbert, 23 individually and on behalf of all others similarly situated v. Traffic Safety and Signs (Case No. 24 2:24−cv−00941−CKD) and Todd Gilbert, on behalf of the general public as private attorney 25 general v. Traffic Safety and Signs (Case No. 2:24-cv-01320-CSK) are hereby 26 CONSOLIDATED FOR ALL PURPOSES and assigned to United States Magistrate Judge 27 Carolyn K. Delaney. The new case number for all filings is 2:24-cv-00941-CKD. 28 1 All further filed documents shall be filed in the lead case 2:24-cv-941-CKD. No further || documents shall be filed in the member case 2:24-cv-1320. The Clerk is DIRECTED to close || member case 2:24-cv-1320. No later than thirty days from the date of this order, plaintiff shall file a combined amended complaint setting forth his claims in both cases. 5 IT IS SO ORDERED. 6|| Dated: July 8, 2024 fi se Ld Pics ANI fe fo. AG 7 CAROLYN K DELANEY 8 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

TOINT STIPUT ATION FOR ORDER ANT) [PROPOSED] ORDER TO CONSOT TINDATE CASES