Stiles v. Wal-Mart Stores Inc, et al

Filing 517

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 2/3/2021 CONTINUING the briefing schedule on Defendants' 193 Motion for Reconsideration, 457 Motion for Summary and 473 Motion for Partial Summary Judgment as fol low: deadline for Plaintiffs to file oppositions to motions is 3/1/2021, deadline for Defendants to file replies is 3/19/2021. The hearing on motions is RESET to 3/26/2021 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. Walmart's 501 Renewed Request to Seal Documents will be briefed in accordance with Local Rule 230(c) and (d). (Kastilahn, A)

Case 2:14-cv-02234-KJM-DMC Document 517 Filed 02/04/21 Page 1 of 5
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Joseph M. Alioto (SBN 42680)
Tatiana V. Wallace (SBN 233939)
ALIOTO LAW FIRM
One Sansome Street, 35th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415-434-9200
Email: [e-mail]
Email: [e-mail]

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Josephine L. Alioto (SBN 282989)
THE VEEN FIRM, PC
20 Haight Street
San Francisco, CA 94102
Telephone: [phone]
Facsimile: 415-771-5845
Email: [e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

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CASE NO.:
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SHARIDAN STILES, an individual, and
STILES 4 U, INC, a California
Corporation,

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Plaintiffs,

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v.
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WALMART INC.; AMERICAN
INTERNATIONAL INDUSTRIES,
Defendants.

2:14-cv-2234-KJM-DMC
STIPULATION AND ORDER TO
CONTINUE HEARING ON
DEFENDANTS’ MOTIONS FOR
RECONSIDERATION [ECF NO. 193],
SUMMARY JUDGMENT [ECF NO.
457], PARTIAL SUMMARY
JUDGMENT [ECF NO. 473], AND
REQUEST TO SEAL DOCUMENTS
[ECF NO. 501]
Current Date: March 5, 2021
Current Time: 10AM
Proposed Date: March 26, 2021
Proposed Time: 10AM

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Judge: Hon. Kimberly J. Mueller
Courtroom: 3, 15th Floor

Case 2:14-cv-02234-KJM-DMC Document 517 Filed 02/04/21 Page 2 of 5
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Plaintiffs SHARIDAN STILES and STILES 4 U, INC, and Defendants WALMART

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INC., and AMERICAN INTERNATIONAL INDUSTRIES hereby stipulate and agree as

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follows:

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1.

Defendants’ Motions for Reconsideration [ECF No. 193], Summary Judgment

[ECF No. 457], Partial Summary Judgment [ECF No. 473], and Request To Seal Documents
[ECF No. 501] are currently scheduled to be heard on March 5, 2021, at 10AM. Defendants’

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Motion for Reconsideration has been fully briefed. The briefing schedule for Defendants’
Motions for Summary and Partial Summary Judgment and Defendant’s Request to Seal were

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outlined in Chief District Judge Kimberly J. Mueller’s December 10, 2020 order (ECF No.

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514).

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2.

Plaintiffs previously requested a four-month extension of time to file their

oppositions to Defendants’ summary judgment motions, from October 2, 2020, to February 8,

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2021, which the Court granted (see ECF No. 514). Plaintiffs submit that good cause exists to
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continue the hearing again to the next available hearing date of March 26, 2021, 10AM,

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pursuant to Federal Rule of Civil Procedure 6(b)(1). Plaintiffs’ counsel, the Alioto Law Firm,

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who previously represented plaintiffs in this action until May 24, 2019 (see ECF No. 217), and

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again appeared in this action on October 14, 2020 (see ECF No. 503), have experienced

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significant obstacles to obtaining the file in this case, including the sealed exhibits attached to

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Defendants’ Motions for Summary Judgment partly due to COVID-related office closures.

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Further, the file so far contains 87GB of data, which Plaintiffs’ counsel would like an
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opportunity to fully review. Moreover, Plaintiffs associated additional counsel on January 28,

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2021 (ECF No. 515), who must also have an opportunity to review the voluminous motions

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and evidence.

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Case 2:14-cv-02234-KJM-DMC Document 517 Filed 02/04/21 Page 3 of 5
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3.

Defendants do not oppose Plaintiffs’ request for approximately three additional

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weeks, as long as Defendants have at least 18 days to file their replies following the deadline

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for Plaintiffs to file their oppositions, as the Court previously ordered (ECF No. 514).

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4.

The parties propose the following briefing schedule on Defendants’ Motions

for Summary and Partial Summary Judgment. (ECF Nos. 457 and 473).

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March 1, 2021: Deadline for Plaintiffs to file oppositions to motions

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March 19, 2021: Deadline for Defendants to file replies in support of motions

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March 26, 2021: Hearing on motions

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5.

Walmart’s Renewed Request to Seal Documents (ECF No. 501) will be briefed

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in accordance with Local Rule 230(c) and (d).

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It is so stipulated.

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Dated: February 3, 2021

THE VEEN FIRM, PC
By:

/s/ Joseph M. Alioto
Joseph M. Alioto

JOSEPH M. ALIOTO (SBN 42680)
[e-mail]
Tatiana V. Wallace (SBN 233939)
[e-mail]
ALIOTO LAW FIRM
One Sansome Street, 35th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
JOSEPHINE L. ALIOTO (SBN 282989)
[e-mail]
20 Haight Street
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Sharidan Stiles and
STILES 4 U, Inc.

Case 2:14-cv-02234-KJM-DMC Document 517 Filed 02/04/21 Page 4 of 5
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Dated: February 3, 2021

WHITE & CASE LLP
By:

/s/ Bryan A. Merryman
Bryan A. Merryman
(as authorized on February 1, 2021)

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BRYAN A. MERRYMAN (SBN 134357)
[e-mail]
CATHERINE S. SIMONSEN (SBN 307325)
[e-mail]
WHITE & CASE LLP
555 S. Flower Street, Suite 2700
Los Angeles, CA 90071-2433
Telephone: [phone]
Facsimile: [phone]

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BIJAL V. VAKIL (SBN 192878)
[e-mail]
WHITE & CASE LLP
3000 El Camino Real
5 Palo Alto Square, 9th Floor
Palo Alto, CA 94306
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant Walmart Inc.

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Dated: February 3, 2021

CONKLE, KREMER & ENGEL
By:

/s/ Zachary Page
Zachary Page
(as authorized on February 1, 2021)

ERIC S. ENGEL (SBN 105656)
[e-mail]
ZACHARY PAGE (SBN 293885)
[e-mail]
CONKLE, KREMER & ENGEL
Professional Law Corporation
3130 Wilshire Boulevard, Suite 500
Santa Monica, California 90403-2351
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant American
International Industries

Case 2:14-cv-02234-KJM-DMC Document 517 Filed 02/04/21 Page 5 of 5
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PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED.
DATED: February 3, 2021.