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

Filing 152

STIPULATION and ORDER signed by District Judge John A. Mendez on 06/05/17 ORDERING that the hearing on defendant's #146 Motion for Partial Summary Judgment is CONTINUED to 7/25/2017 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (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]
SECOND 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,

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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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SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE

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STIPULATION AND ORDER

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

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

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this stipulation based on the following facts and circumstances:

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1.

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

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

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motion for hearing on June 6, 2017 at 1:30 p.m. before the Honorable John A. Mendez.

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2.

On May 8, 2017, the Court entered an order approving the parties’

stipulation to continue the June 6 hearing to June 20, 2017 at 1:30 pm due to a conflict
for counsel for plaintiff Henry. (DE 149).
3.

On May 9, 2017, counsel for plaintiffs served two notices of deposition,

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including a notice pursuant to Fed. R. Civ. P. 30(b)(6), and requests for production of

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documents related to defendant’s motion. Plaintiffs’ counsel stated this discovery is

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necessary for their opposition to defendant’s pending summary judgment motion.

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Counsel for defendant advised plaintiffs’ counsel that Home Depot was unavailable on

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the noticed deposition date and objected to the scope of the deposition topics and

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document requests.

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4.

The parties have conferred and plaintiffs have agreed to limit the scope of

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the pending discovery and to conduct the deposition(s) on a later date mutually agreed

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to by the parties.

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5.

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

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available date that the Court is able to hear defendant’s motion is July 25, 2017, at 1:30

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

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confirmed their availability for a hearing on July 25.

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6.

NOW, THEREFORE, in order to permit plaintiffs to conduct discovery

which plaintiffs state is related to defendant’s motion, defendant and plaintiffs hereby

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-1SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE

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stipulate and agree that the June 20, 2017 hearing date for defendant’s motion be

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continued to July 25, 2017, at 1:30 p.m.

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IT IS SO STIPULATED.

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Dated: June 5, 2017

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: June 5, 2017

CAPSTONE LAW APC

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By /s/ Melissa Grant
Melissa Grant
Attorneys for plaintiffs SANDY BELL and
MARTIN GAMA

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Dated: June 5, 2017

SETAREH LAW GROUP

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

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-2SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE

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GOOD CAUSE SHOWING, IT IS HEREBY ORDERED THAT:
The hearing on defendant’s Motion for Partial Summary Judgment (DE 146) is
continued from June 20, 2017, at 1:30 p.m. to July 25, 2017, at 1:30 p.m.

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Dated: June 5, 2017
/s/ John A. Mendez_ ___
HON. JOHN A. MENDEZ
United States District Court Judge

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-3SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE