Bell et al v. Home Depot U.S.A., Inc.

Filing 138

STIPULATION and ORDER signed by District Judge John A. Mendez on 10/11/16 ORDERING that this action is STAYED until 01/18/17; the deadlines set forth in the Court's #136 09/12/16 Scheduling/Stipulation and Order are VACATED; and the parties will file a joint status conference statement by 01/25/17 informing the Court of the outcome of mediation. CASE STAYED (Benson, A)

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DONNA M. MEZIAS (SBN 111902)
LIZ K. BERTKO (SBN 268128)
AKIN GUMP STRAUSS HAUER & FELD LLP
580 California Street, Suite 1500
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415-765-9501
[e-mail]
[e-mail]

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Attorneys for defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SANDY BELL and MARTIN GAMA,
individually, and on behalf of other
members of the general public
similarly situated, and as aggrieved
employees pursuant to the Private
Attorneys General Act (“PAGA”),
Plaintiffs,

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Case No. 2:12-cv-02499-JAM-CKD
[Assigned for All Purposes to Hon. John
A. Mendez]
STIPULATION AND ORDER TO
TEMPORARILY STAY ACTION
PENDING MEDIATION

v.
HOME DEPOT U.S.A., INC., a
Delaware corporation; JOHN
BROOKS, an individual; and DOES 1
through 10, inclusive,

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Defendants.

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MICHAEL HENRY, on behalf of
himself, all others similarly situated,
and the general public,
Plaintiff,

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v.
HOME DEPOT U.S.A., INC., a
Delaware corporation; and DOES 150, inclusive,
Defendants.

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STIPULATION AND ORDER TO TEMPORARILY STAY ACTION PENDING MEDIATION

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STIPULATION AND [PROPOSED] ORDER
Plaintiffs Sandy Bell, Martin Gama, and Michael Henry and defendant Home

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Depot U.S.A., Inc., hereby enter into this stipulation based on the following facts and

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circumstances:

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1.

On September 12, 2016, the Court issued an order consolidating Bell v.

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Home Depot U.S.A., Inc., No. 2:12-cv-024099-JAM-CKD and Henry v. Home Depot

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U.S.A., Inc., No. 2:16-CV-02102-MCE-AC, before Judge John A. Mendez and setting

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the following dates relating to class notice:

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a. October 3, 2016 – Deadline for parties to lodge proposed class notice;

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b. October 10, 2016 – Deadline for parties to submit competing versions of

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class notice if parties cannot agree on content of class notice;

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c. October 17, 2016 – Deadline for defendant to send class list to class

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counsel;

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d. October 24, 2016 – Deadline for Court to approve class notice;

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e. November 14, 2016 – Deadline for class notice to be mailed to class

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members.
2.

The parties have agreed to participate in mediation to explore resolving the

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case without the time and expense of further discovery and litigation. To this end, the

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parties have scheduled a mediation for January 18, 2017 with mediator David Rotman.

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3.

In order to provide the parties with adequate time to mediate the claims and

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facilitate resolution of this matter without the expenditure of additional time and

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resources on discovery and motion practice, the parties agree that the Court should

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temporarily stay the action. See, e.g., Arrival Star, S.A. v. Blue Sky Network, LLC, No.

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CV 11-4480 SBA, 2012 WL 588806, at *1-2 (N.D. Cal. Feb. 22, 2012) (action stayed

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pending mediation to avoid needless discovery expense and promote judicial economy);

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Maxon v. Jefferson Pilot Securities Corp., No. C 01-02668 CRB, 2002 WL 523575, at

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*1-2 (N.D. Cal. Apr. 2, 2002) (same).

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-1STIPULATION AND ORDER TO TEMPORARILY STAY ACTION PENDING MEDIATION

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4.

The parties further stipulate that neither party will be prejudiced by the

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stay, and that no arguments regarding timeliness, or delay can be made as a result of the

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stay.

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5.

The parties therefore stipulate and agree as follows:

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1.

That the present action should be stayed until January 18, 2017;

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2.

That the deadlines set forth in the Court’s September 12, 2016 Scheduling

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Order be vacated;
3.

That the Court schedule a Case Management Conference for February 20,

2017, or an available date thereafter, at which time Court will set new deadlines for
class notice and further case management if the case has not resolved.

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IT IS SO STIPULATED.

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Dated: October 10, 2016

AKIN GUMP STRAUSS HAUER & FELD, LLP

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By /s/ Donna M. Mezias
Donna M. Mezias
Attorneys for defendant Home Depot U.S.A., Inc.

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Dated: October 10, 2016

CAPSTONE LAW APC

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By /s/ Arnab Banerjee
Arnab Banerjee
Attorneys for plaintiffs SANDY BELL and
MARTIN GAMA

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-2STIPULATION AND ORDER TO TEMPORARILY STAY ACTION PENDING MEDIATION

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Dated: October 10, 2016

SETAREH LAW GROUP

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By /s/ Shaun Setareh
Shaun Setareh
Attorneys for plaintiff MICHAEL HENRY

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-3STIPULATION AND ORDER TO TEMPORARILY STAY ACTION PENDING MEDIATION

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GOOD CAUSE SHOWING, IT IS HEREBY ORDERED THAT:

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1.

The present action is hereby stayed until January 18, 2017;

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2.

The deadlines set forth in the Court’s September 12, 2016 Scheduling

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Order are vacated;
3.

The parties will file a joint status conference statement by January 25, 2017

informing the Court of the outcome of mediation.

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Dated: October 11, 2016
/s/ John A. Mendez
HON. JOHN A. MENDEZ
United States District Judge

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-1STIPULATION AND ORDER TO TEMPORARILY STAY ACTION PENDING MEDIATION