Romanov v. Westward Hospitality Management LLC et al

Filing 10

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 3/19/13 RESCHEDULING the following deadlines: Certification Motion (file and serve) due 8/6/2013, Status Conference set for 10/28/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report shall be filed 14 days prior to the hearing. The Court STAYS all relevant aspects of this litigation, including all discovery, to allow the parties to mediate this case. (Meuleman, A)

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LLP

Frank J. Fox SBN139147(Ca.)
Lawrence J. Salisbury SBN179748(Ca.)
Andrew M . Greene SBN167386(Ca.)
Jonathan L. Gerber SBN251219(Ca.)
401 W est "A" Street, Suite 2350
San D iego, C alifornia 92101-7921
Telephone: [phone]
Facsimile: [phone]
Emails: fjfox@ majorfox.com; lsalisbu@ majorfox.com;
agreene@ majorfox.com; jgerber@ majorfox.com

OF
7 ATTORNEYS AGAINST ABUSEa.) ELDERS
M ark A. R edmond SB N 161520(C

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1819 K Street, Suite 200
Sacramento, C alifornia 95811-4183
Telephone: [phone]
Facsimile: [phone]
Email: mr@ justice4elders.com
A ttorneys for

Plaintiff, Anatoli Romanov, and all others similarly situated

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

15 ANATOLI ROMANOV, an individual, on
behalf of himself and all others similarly
16 situated,
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Plaintiff,

Case No. 2:12-cv-02036-GEB-CKD
[PROPOSED] STIPULATED ORDER
REQUESTING COURT CONTINUE ALL
DATES BY AT LEAST (90) NINETY DAYS
AND STAYING RELEVANT PROCEEDINGS

18 v.
19 WESTWARD HOSPITALITY
MANAGEMENT LLC, a Delaware
20 corporation; WESTMONT HOSPITALITY
GROUP, INC., a Texas corporation; and
21 DOES 1 through 100, inclusive,
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Courtroom: 10
Judge:
Hon. Garland E. Burrell, Jr.
Date Filed:

June 22, 2012

Defendants.

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This Stipulation is entered into by and between Plaintiff Anatoli Romanov

25 ("Plaintiff") and Defendants Westward Hospitality Management LLC and Westmont
26 Hospitality Group, Inc. ("Defendants") (collectively herein "Plaintiff" and "Defendants" are
27 referred to as the "Parties"). The Parties respectfully submit this Stipulation and
28 respectfully request the Court extend all dates by at least (90) ninety days and to stay
[Proposed] Stipulated Order to Continue Dates

2:12-cv-02036-GEB-CKD

1 relevant proceedings to allow the Parties to attempt to resolve the litigation through private
2 mediation.
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WHEREAS, Plaintiff filed his complaint on or around June 22, 2012, in California

4 state superior court (the "Action") and shortly thereafter drafted his first set of written
5 discovery in the Action tailored for the state court in which the Action was pending;
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WHEREAS, Defendants removed the Action to federal court on or around August

7 12, 2012, prior to Plaintiff having the opportunity to actually serve the discovery;
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WHEREAS, shortly after removal, on or around December 19, 2012, Plaintiff

9 served his edited first set of written discovery tailored for the federal court in which the
10 Action is now pending (the "Discovery"). Plaintiff also drafted and served deposition
11 notices for Defendants on or around January 14, 2013;
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WHEREAS, Plaintiff granted Defendants at least two extensions of time in which to

13 respond to the Discovery and received Defendants' original responses and objections to
14 the Discovery on or around February 11, 2013;
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WHEREAS, shortly thereafter, on or around February 20, 2013, Plaintiff sent a

16 meet and confer correspondence to Defendants which requested supplemental responses
17 be provided to the Discovery on or before February 26, 2013;
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WHEREAS, the Parties agreed to extend Defendants' deadline to respond to the

19 meet and confer correspondence on several occasions to allow the Parties to discuss
20 each's amenability to private mediation (the most recent extension is set to expire on
21 March 20, 2013);
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WHEREAS, the Parties have agreed to stay further meeting and conferring and

23 motion work, if necessary, related to the Discovery to allow the Parties to participate in
24 private mediation without incurring further costs prior to the completion of that mediation;
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WHEREAS, the following dates are currently calendered in this matter which must

26 be continued and/or stayed to allow the Parties to attempt private mediation:
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Certification Motion (file and serve): May 6, 2013; and

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MAJORS & FOX LLP

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Status Conference: July 15, 2013; 9:00 a.m.

Pacific Western Bank Bldg.
401 West "A" St., Ste. 2350
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

-2[Proposed] Stipulated Order to Continue Dates

2:12-cv-02036-GEB-CKD

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WHEREAS, the Parties have agreed to attempt to resolve the Action through

2 private mediation if the Court approves at least a ninety (90) day extension of these dates
3 and/or staying relevant proceedings currently pending in the Action;
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NOW, THEREFORE, the Parties stipulate and agree as follows:

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1)

The deadlines set forth in the Court's Order dated November 14, 2012, for

6 moving for class certification and setting the Status (Pretrial Scheduling) Conference be
7 rescheduled as follows:
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Certification Motion (file and serve): August 6, 2013; and

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Status Conference: October 28, 2013; 9:00 a.m. A joint status report shall

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be filed fourteen days prior to the hearing.
2)

The Court stays all relevant aspects of this litigation, including all discovery,

12 to allow the Parties to mediate this case.
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IT IS SO STIPULATED.

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15 DATED:

MAJORS & FOX LLP

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By:
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Jonathan L. Gerber
Attorneys for Plaintiff, Anatoli Romanov, and all
others similarly situated

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DATED:

ATTORNEYS AGAINST ABUSE OF ELDERS

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By:
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Mark A. Redmond
Attorneys for Plaintiff, Anatoli Romanov, and all
others similarly situated

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DATED:

JEFFER MANGELS BUTLER & MITCHELL LLP

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By:
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Travis M. Gemoets
Patricia M. DeSantis
Attorneys for Defendants Westward Hospitality

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MAJORS & FOX LLP

Pacific Western Bank Bldg.
401 West "A" St., Ste. 2350
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

-3[Proposed] Stipulated Order to Continue Dates

2:12-cv-02036-GEB-CKD

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Management LLC and Westmont Hospitality
Group, Inc.

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PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED.
Dated: March 19, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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MAJORS & FOX LLP

Pacific Western Bank Bldg.
401 West "A" St., Ste. 2350
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

-4[Proposed] Stipulated Order to Continue Dates

2:12-cv-02036-GEB-CKD