Delk v. Ulta Salon, Cosmetics and Fragrance, Inc.

Filing 24

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/6/2017 ORDERING that the 15 Pre-Trial Scheduling Order, including all discovery and pre-trial motion deadlines as well as the trial date, is hereby VACATED; and the Parties are ORDERED to file a new Joint Status Report, including a proposed scheduling order, within 30 days of the Court's ruling on Delk's Motion. (Jackson, T)

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MAYALL HURLEY P.C.
ROBERT J. WASSERMAN (SBN: 258538)
[e-mail]
WILLIAM J. GORHAM (SBN: 151773)
[e-mail]
NICHOLAS J. SCARDIGLI (SBN: 249947)
[e-mail]
VLADIMIR J. KOZINA (SBN: 284645)
[e-mail]
2453 Grand Canal Boulevard
Stockton, California 95207-8253
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff CAYLIN DELK
JOHN C. KLOOSTERMAN, Bar No. 182625
[e-mail]
JESSICA L. MARINELLI, Bar No. 271707
[e-mail]
333 Bush Street, 34th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415.399.8490
Attorneys for Defendant
ULTA SALON, COSMETICS &
FRAGRANCE, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CAYLIN DELK,

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Plaintiff,

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vs.
ULTA SALON, COSMETICS AND
FRAGRANCE, INC., a corporation; and
DOES 1-100, inclusive,

Case No. 1:15-cv-01651 TLN SKO
JOINT STIPULATION AND ORDER
VACATING PRE-TRIAL
SCHEDULING ORDER AND TRIAL
DATE
Complaint Filed: September 17, 2015
Trial Date: March 19, 2018

Defendants.

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Pursuant to Eastern District of California Local Rule 144, Plaintiff Caylin Delk (“Delk”)
and Defendant Ulta Salon, Cosmetics and Fragrance, Inc. (“Defendant”) (collectively, the
“Parties”), by and through their undersigned counsel of record, file this joint stipulation to vacate
the pre-trial scheduling order and trial date.
Joint Stipulation and Order Vacating Pre-Trial Scheduling Order and Trial Date
Page 1 of 4

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WHEREAS, on December 22, 2016, Delk filed a Motion for Leave to file a Second

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Amended Complaint (“Motion”) seeking to add class allegations and two additional causes of

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action. Wasserman Dec. ¶ 2;

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WHEREAS, the Hearing on Delk’s Motion was scheduled to occur on January 26, 2017.
Wasserman Dec. ¶ 3;
WHEREAS, pursuant to the Court’s Order (Document No. 22), Delk’s Motion was
submitted without oral argument and the Hearing was vacated. Wasserman Dec. ¶ 4; Exhibit A.

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WHEREAS, the Court has not yet issued a ruling on Delk’s Motion. Wasserman Dec. ¶ 5;

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WHEREAS, the Parties have effectively stayed discovery in this matter pending the Court’s

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ruling on Plaintiff’s Motion in the interest of cost and efficiency. Wasserman Dec. ¶ 6;
WHEREAS, the Parties have significant additional discovery to conduct regardless of the
outcome of Plaintiff’s Motion. Wasserman Dec. ¶ 7;
WHEREAS, pursuant to the Pre-Trial Scheduling Order (Document No. 15), all discovery
in this matter is to be completed by April 21, 2017. Wasserman Dec. ¶ 8;
WHEREAS, the Parties have not previously requested an extension of the Court’s Pretrial
Scheduling Order deadlines. Wasserman Dec. ¶ 9; and

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WHEREAS, the Parties have met and conferred regarding the foregoing, and: (a) agree that

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extra time is necessary to complete fact and expert discovery; (b) agree that a continuance of the

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pre-trial deadlines and trial date will not prejudice the Parties and is in the interests of justice; and

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(c) prefer to set a new scheduling order once the pleadings are set and the issues are framed.

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Wasserman Dec. ¶ 10.

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WHEREFORE, with this Joint Stipulation, the Parties jointly request the following:
1.

The Court vacate the Pre-Trial Scheduling Order, including all discovery

and pre-trial motion deadlines as well as the trial date; and
2.

The Parties be ordered to file a new Joint Status Report, including a

proposed scheduling order, within 30 days of the Court’s ruling on Delk’s Motion.

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Joint Stipulation and Order Vacating Pre-Trial Scheduling Order and Trial Date
Page 2 of 4

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MAYALL HURLEY P.C.

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By /s/ Robert J. Wasserman
ROBERT J. WASSERMAN
VLADIMIR J. KOZINA
Attorneys for Plaintiff,
CAYLIN DELK

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LITTLER MENDLESON P.C.
By /s/ John C. Kloosterman
JOHN C. KLOOSTERMAN
JESSICAL. MARINELLI
Attorneys for Defendant,
ULTA SALON, COSMETICS
FRAGRANCE, INC.

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Joint Stipulation and Order Vacating Pre-Trial Scheduling Order and Trial Date
Page 3 of 4

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ORDER
Pursuant to Eastern District of California Local Rule 144, stipulation of the parties hereto,
and good cause appearing, IT IS HEREBY ORDERED as follows:
1.

The Pre-Trial Scheduling Order (Document No. 15), including all discovery and

pre-trial motion deadlines as well as the trial date, is hereby VACATED; and
2.

The Parties are ORDERED to file a new Joint Status Report, including a proposed

scheduling order, within 30 days of the Court’s ruling on Delk’s Motion.
IT IS SO ORDERED.

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DATED: March 06, 2017

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Troy L. Nunley
United States District Judge

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Joint Stipulation and Order Vacating Pre-Trial Scheduling Order and Trial Date
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