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

Filing 149

STIPULATION and ORDER signed by District Judge John A. Mendez on 5/8/2017 ORDERING that the hearing on defendant's #146 motion to dismiss is CONTINUED to 6/20/2017 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Zignago, K.)

5

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]

6

Attorneys for defendant

1
2
3
4

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13

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,

14
15
16
17

Case No. 2:12-cv-02499-JAM-CKD
[Assigned for All Purposes to Hon. John
A. Mendez]
STIPULATION AND ORDER TO
CONTINUE HEARING DATE

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

18

Defendants.

19
20
21

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

22
23
24
25
26

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

27
28
STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE

1

STIPULATION AND [PROPOSED] ORDER

2

Pursuant to Local Rules 143 and 230(f), defendant Home Depot U.S.A., Inc. and

3

plaintiffs Sandy Bell, Martin Gama, and Michael Henry (“Plaintiffs”), hereby enter into

4

this stipulation based on the following facts and circumstances:

5

1.

On May 2, 2017, defendant filed its Motion for Partial Summary Judgment

6

on Plaintiffs’ Claims for Penalties under Sections 203 and 226 (DE 146) and properly

7

noticed the motion to be heard on June 6, 2017 at 1:30 p.m. before the Honorable John

8

A. Mendez.

9
10
11

2.

On May 3, 2017, counsel for plaintiff Michael Henry advised the parties

that he has a scheduling conflict and is unavailable for the noticed June 6 hearing date.
3.

Defendant’s counsel contacted the Court and was advised that the next

12

available date that the Court is able to hear defendant’s motion is June 20, 2017, at 1:30

13

p.m. Defendant’s counsel has conferred with counsel for Plaintiffs and all have

14

confirmed their availability for a hearing on June 20.

15

4.

Plaintiffs are currently reviewing the motion and reserve the right to

16

request additional time to conduct discovery and oppose the motion, or file a declaration

17

pursuant to Federal Rule of Civil Procedure, Rule 56(d);

18

5.

NOW, THEREFORE, Defendant and Plaintiffs hereby stipulate and agree

19

that the June 6, 2017 hearing date for defendant’s motion be continued to June 20, 2017,

20

at 1:30 p.m.

21
22

IT IS SO STIPULATED.

23
24

Dated: May 5, 2017

AKIN GUMP STRAUSS HAUER & FELD, LLP

25
26
27
28

By /s/ Donna M. Mezias
Donna M. Mezias
Attorneys for defendant Home Depot U.S.A., Inc.
-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE

1

Dated: May 5, 2017

CAPSTONE LAW APC

2
3

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

4
5
6

Dated: May 5, 2017

SETAREH LAW GROUP

7
8
9
10

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

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE

1
2
3

GOOD CAUSE SHOWING, IT IS HEREBY ORDERED THAT:
The hearing on Defendant’s Motion for Partial Summary Judgment (DE 146) is
continued from June 6, 2017, at 1:30 p.m. to June 20, 2017, at 1:30 p.m.

4
5

Dated: May 8, 2017
/s/ John A. Mendez____________
HON. JOHN A. MENDEZ
United States District Court Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1

CERTIFICATE OF SERVICE