Eshagh v. Terminix International

Filing 55

STIPULATION and ORDER to RESET MOTION HEARING as to Defendant's Motion to Stay Litigation, Compel Arbitration and Strike Class Claims RESET from 3/16/2012 to 4/13/2012 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Order signed by Magistrate Judge Dennis L. Beck on 3/15/2012. (Hernandez, M)

H TIM HOFFMAN SBN 049141
ARTHUR W. LAZEAR SBN 083603
2 HOFFMAN & LAZEAR
180 Grand Avenue, Suite 1550
3 Oakland, CA 94612
Telephone: [phone]
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THOMAS F. CAMPBELL (Pro Hac Vice)
D. KEIRON MCGOWIN (Pro Hac Vice)
CAMPBELL LAW, P.C.
6 1 Chase Corporate Drive, Suite 180
Birmingham, AL 35244
7 Telephone: [phone]
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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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EDWARD ESHAGH, on behalf of himself )
and all others similarly situated
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Plaintiff,
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vs.
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THE TERMINIX INTERNATIONAL
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COMPANY L.P., a limited partnership;
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TERMINIX INTERNATIONAL, INC.
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Defendants.
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Case No: 1:11-CV-00222-AWI-DLB
JOINT STIPULATION &
ORDER TO CONTINUE
MARCH 16, 2012 HEARING
ON MOTION TO STAY
LITIGATION, COMPEL
ARBITRATION, AND STRIKE
CLASS CLAIMS BEFORE
MAGISTRATE JUDGE
DENNIS L. BECK
Date: March 16, 2012
Time: 9:00 AM
Ctrm.: 9
Complaint filed: February 8, 2011
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IT IS HEREBY AGREED AND STIPULATED by and between the parties to

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this litigation, by and through their respective counsel, and pursuant to Local Rules 143

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and 230(f), as follows:

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JOINT STIPULATION & ORDER TO CONTINUE MARCH 16, 2012 HEARING
CASE NO. 1:11-CV-00222-OWW-DLB

The hearing on Terminix’s motions to stay litigation, compel arbitration and

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strike class claims was previously set for March 5, 2012. On March 2, 2012, the Court

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referred the motion to compel arbitration to Magistrate Judge Dennis L. Beck and

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vacated the March 5, 2012 hearing date.

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2.

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setting the motion to compel arbitration for hearing before Magistrate Judge Dennis L.

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Beck on March 16, 2012 at 9:00 a.m. in Courtroom 9.

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3.

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conflict and availability for alternative hearing dates with counsel for the defense.

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Counsel for the defendants indicated they had no objection to continuing the hearing.

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Thomas F. Campbell spoke with Judge Beck’s assistant who indicated that the motion

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could be heard at one of the motion dockets held every Friday at 9:00 a.m. The parties

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compared their calendars to find a date for a hearing on Terminix’s motions which is

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convenient to both parties considering their lawyers’ pre-existing obligations, and

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discussed the issue with clients.

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pending motions before Magistrate Judge Dennis L. Beck from March 16, 2012 to April

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13, 2012 at 9:00 a.m. in Courtroom 9.

Also on March 2, 2012, the Court made a minute entry in the Court’s record

Plaintiffs have a conflict with the March 16, 2012 hearing date and discussed their

WHEREFORE, the parties hereby agree to a continuance of the hearing on the

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SO STIPULATED.

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DATED: March 13, 2012.

HOFFMAN & LAZEAR
H. TIM HOFFMAN, SBN 49141
ARTHUR W. LAZEAR, SBN 83603

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CAMPBELL LAW
A Professional Corporation
Thomas F. Campbell (pro hac vice)
D. Keiron McGowin (pro hac vice)

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By:

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/s/ D. Keiron McGowin
Attorneys for Plaintiff

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JOINT STIPULATION & ORDER TO CONTINUE MARCH 16, 2012 HEARING
CASE NO. 1:11-CV-00222-OWW-DLB

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HINSHAW & CULBERTSON LLP

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CHRISTOPHER J. BORDES SBN 135901
DAVID CREAGH, (ADMITTED PRO HAC
VICE)

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By:

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IT IS SO ORDERED.

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/s/ David Creagh
Attorneys for Defendants

Dated:

/s/ Dennis

March 15, 2012

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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JOINT STIPULATION & ORDER TO CONTINUE MARCH 16, 2012 HEARING
CASE NO. 1:11-CV-00222-OWW-DLB