Ali v. Rainbow USA, Inc.

Filing 5

STIPULATION and ORDER 4 for extension of time signed by Judge John A. Mendez on 3/18/2015. Plaintiff's deadline to file her Motion to Remand is EXTENDED to 4/24/2015. (Marciel, M)

ROMAN OTKUPMAN, CA Bar No. 249423
[e-mail]
2 OTKUPMAN LAW FIRM,
A LAW CORPORATION
3 5950 Canoga Ave., Suite 550
Woodland Hills, CA 91367
4 Telephone: [phone]
Facsimile: 888.850.1310
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Attorneys for Plaintiff Pakiza A. Ali
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KELSEY E. PAPST, CA Bar No. 270547
[e-mail]
LITTLER MENDELSON, P.C.
8 500 Capitol Mall, Suite 2000
Sacramento, CA 95814
9 Telephone: [phone]
Facsimile: 916.561.0828
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Attorneys for Defendant Rainbow USA, Inc.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAKIZA A. ALI, on behalf of herself and all
others similarly situated, and on behalf of the
general public,

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Plaintiff,
vs.
RAINBOW USA INC. WHICH WILL DO
BUSINESS IN CALIFORNIA AS NEW
YORK RAINBOW USA INC., AND DOES 1
THROUGH 10, INCLUSIVE,

Case No. 2:15-CV-00418-JAM-CKD
JOINT STIPULATION AND ORDER
TO EXTEND TIME FOR PLAINTIFF
TO FILE A MOTION TO REMAND
CASE TO STATE COURT
Case Removed: February 26, 2015
Trial Date:
None Set
Judge:
Hon. John A. Mendez
_ __________

Defendants.

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19489010_1.DOCX

Case No. 2:15-CV-00418-JAM-CKD
JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE MOTION TO REMAND

Firmwide:132351115.1 083749.1001

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Plaintiff PAKIZA A. ALI (“Plaintiff”) and Defendant RAINBOW USA INC.

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(“Defendant”) hereby stipulate and agree that Plaintiff’s deadline to file a motion to

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remand the instant case on the basis of any defect other than lack of subject matter

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jurisdiction pursuant to 28 U.S.C. § 1447(c) be extended by 30 days as follows:
WHEREAS, on or around February 24, 2015, Defendant removed the instant

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action to District Court;
WHEREAS, Plaintiff intends to file a Motion to Remand this case to State

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Court;

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WHEREAS, the deadline to file a Motion to Remand is March 25, 2015;

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WHEREAS, Defendant intends to oppose Plaintiff’s Motion to Remand;

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WHEREAS, the Parties are currently discussing settlement of the entire case

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but need additional time to schedule a private mediation and to conduct certain

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limited, informal discovery in conjunction with that mediation; and

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WHEREAS, in order to save both parties on costs and fees in filing and

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opposing the Plaintiff’s Motion to Remand, the parties need more time to assess the

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settlement of the entire case.

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THEREFORE, the Parties to the above-captioned matter hereby stipulate and
agree as follows:
1. Plaintiff’s deadline to file her Motion to Remand to be extended by
thirty (30) days.
2. The new deadline for Plaintiff to file her Motion to Remand will be
April 24, 2015.

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19489010_1.DOCX

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Case No. 2:15-CV-00418-JAM-CKD
JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE MOTION TO REMAND

Firmwide:132351115.1 083749.1001

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IT IS SO STIPULATED ON THE DATES INDICATED BELOW.

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DATED: March 17, 2015

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By: /s/ Roman Otkupman
Roman Otkupman
Attorney for Plaintiff Pakiza A. Ali

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9 DATED: March 17, 2015

LITTLER MENDELSON, P.C.

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By: /s/ Kelsey E. Papst
Kelsey E. Papst
Attorneys for Defendant
Rainbow USA Inc.

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19489010_1.DOCX

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Case No. 2:15-CV-00418-JAM-CKD
JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE MOTION TO REMAND

Firmwide:132351115.1 083749.1001

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ORDER

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Good cause appearing, and pursuant to the stipulation of the parties, IT IS

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HEREBY ORDERED that:
1. Plaintiff’s deadline to file her Motion to Remand to be extended by
thirty (30) days.
2. The new deadline for Plaintiff to file her Motion to Remand will be
April 24, 2015.

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DATED: March 18, 2015

/s/ John A. Mendez______
The Hon. John A. Mendez

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19489010_1.DOCX

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Case No. 2:15-CV-00418-JAM-CKD
JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE MOTION TO REMAND

Firmwide:132351115.1 083749.1001