Lowndes v. Regis Corporation

Filing 9

ORDER RE STIPULATION TO CONTINUE HEARING DATE ON MOTION TO REMAND AND SCHEDULING CONFERENCE. The September 20, 2016 hearing date on Plaintiffs motion to remand is continued to October 5, 2016, at 10:00 a.m. in Courtroom 9 with the briefing schedule s et pursuant to the Federal Rules of Civil Procedure and Local Rules of the Eastern District of California; andThe Initial Scheduling Conference set for September 20, 2016, is continued to November 15, 2016 at 3:30 p.m. in Courtroom 9. The parties shall file a joint scheduling report seven days prior to the date on which the scheduling conference is set. Signed by Magistrate Judge Stanley A. Boone on 9/1/2016. (Hernandez, M)

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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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STAR-LEE LOWNDES, on behalf of herself
and all current and former aggrieved
employees pursuant to the Labor Code Private
Attorneys General Act of 2004, Labor Code
§ 2698 et seq.,
Plaintiff,
vs.
REGIS CORPORATION, a Minnesota
corporation, and DOES 1 through 10,
inclusive,
Defendants.

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Case No. 1:16-cv-01041-LJO-SAB
Mag. Judge Stanley A. Boone
ORDER RE STIPULATION TO CONTINUE
HEARING DATE ON MOTION TO
REMAND AND SCHEDULING
CONFERENCE

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IT IS HEREBY STIPULATED by and between Plaintiff Star-Lee Lowndes and
Defendant Regis Corporation (“Defendant”), by and through their respective counsel, that
pursuant to Federal Rule of Civil Procedure 6 and Local Rules 143 and 144:
WHEREAS, on July 19, 2016, the Court issued an Order Setting a Mandatory
Scheduling Conference for September 20, 2016;
WHEREAS, Plaintiff has filed a Motion to Remand this action to State Court, which
Plaintiff noticed for hearing before Judge Boone on September 21, 2016;
WHEREAS, on August 29, 2016, the Court issued a Minute Order resetting the hearing
on the Motion to Remand from September 21, 2016 to September 20, 2016;

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WHEREAS, Defendant’s counsel is unavailable on September 20, 2016;

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WHEREAS, the parties have met and conferred and agree to continue the hearing on

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Plaintiff’s Motion to Remand to the next Wednesday on which they are available, October 5,

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2016 or, if more convenient for the Court, to October 26, 2016, the next Wednesday after

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October 5, 2016 on which they are available;

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WHEREAS, the parties agree that continuing the date set for the Initial Scheduling

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Conference to the same date as the hearing on Plaintiff’s Motion, October 5, 2016, will prevent

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the parties from incurring undue time and expense on travel;

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WHEREAS, no prior continuances have been requested;
WHEREAS, continuing the hearing on the Motion to Remand and the Initial Scheduling
Conference to October 5, 2016 will not affect the schedule for the case aside from the requested
date changes and the attendant briefing schedule on Plaintiff’s Motion to Remand;

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WHEREAS, because the requested extension of time comprises 15 days, and the trial
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date has not been set, the effect on the schedule for the case should be minimal;
NOW THEREFORE, the parties hereto stipulate and agree that:
(1)

The September 20, 2016 hearing date on Plaintiff’s Motion to Remand is

continued to October 5, 2016 or, if more convenient for the Court, October 26, 2016, and the

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briefing schedule will be set pursuant to the Federal Rules of Civil Procedure and Local Rules

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of the Eastern District of California; and

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(2)

The Initial Scheduling Conference set for September 20, 2016 is continued to the

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same date set for the hearing on Plaintiff’s Motion to Remand, October 5, 2016 or, if more

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convenient for the Court, October 26, 2016.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Date: August 31, 2016

GAINES & GAINES, APLC

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/s/ Alex P. Katofsky (with permission)
Kenneth Gaines
Daniel F. Gaines
Alex P. Katofsky
Evan S. Gaines

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Attorney for Plaintiff
STAR-LEE LOWNDES

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Page 2

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Date: August 31, 2016

SEYFARTH SHAW LLP

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/s/ Selyn Hong
Catherine Dacre
Emily Barker
Selyn Hong

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Attorney for Defendant
REGIS CORPORATION

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ORDER

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Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that:

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1.

The September 20, 2016 hearing date on Plaintiff’s motion to remand is

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continued to October 5, 2016, at 10:00 a.m. in Courtroom 9 with the briefing

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schedule set pursuant to the Federal Rules of Civil Procedure and Local Rules of

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the Eastern District of California; and
2.

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The Initial Scheduling Conference set for September 20, 2016, is continued to

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November 15, 2016 at 3:30 p.m. in Courtroom 9. The parties shall file a joint

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scheduling report seven days prior to the date on which the scheduling

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conference is set.

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IT IS SO ORDERED.

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Dated:

September 1, 2016
UNITED STATES MAGISTRATE JUDGE

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