Anderson v. Brink's Incorporated

Filing 15

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 4/12/16 ORDERING the 13 Motion for Stay CONTINUED to 7/28/16 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. Plaintiff's opposition shall be due no later than 7/14/16. Defendant's reply shall be due no later than 7/21/16. (Jackson, T)

1 BECKI D. GRAHAM, State Bar No. 238010
[e-mail]
2 DANIELLE A. HINTON, SBN 273469
[e-mail]
3 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
4 One Market Plaza
San Francisco, CA 94105
5 Telephone:
415.442.4810
Facsimile:
415.442.4870
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7 Attorneys for Defendant
BRINK’S, INCORPORATED
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

11 TYLER ANDERSON,
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Plaintiff,
v.

14 BRINK’S, INCORPORATED, a Delaware
Corporation; and DOES 1 through 50,
15 inclusive,
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Defendants.

Case No. 2:15-cv-02702-MCE-CKD
STIPULATION AND REQUEST TO
CONTINUE HEARING DATE ON
DEFENDANT’S MOTION TO STAY
[DOCKET NO. 13]; AND ORDER
Judge:

Hon. Morrison C. England, Jr.

Complaint Filed: December 30, 2015
Trial Date:
None Set

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Case No. 2:15-cv-02702-MCE-CKD
STIPULATION AND REQUEST TO CONTINUE HEARING DATE ON DEFENDANT’S
MOTION TO STAY [DOCKET NO. 13]; [PROPOSED] ORDER

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STIPULATION
WHEREAS, on March 25, 2016, Defendant Brink’s Inc. filed a Motion to Stay (Docket No.

3 13, 13-1, 13-2, 13-3) in this action pending the Supreme Court’s decision in Spokeo, Inc. v.
4 Robbins, No. 13-1339 (U.S. April 27, 2015) (hereinafter “Spokeo”). See Docket No. 13.
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WHEREAS, the hearing on this Motion is set for May 5, 2016 at 2:00 p.m. in Courtroom 7,

6 Plaintiff’s response is due no later than April 21, 2016, and Defendant’s reply is due no later than
7 April 28, 2016;
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WHEREAS, the Supreme Court may issue a decision in Spokeo by the end of its session in

9 June 2016;
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WHEREAS, the Parties have therefore agreed to continue the hearing on Defendant’s

11 Motion to Stay until July 2016;
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WHEREAS, the Parties have further agreed to stay discovery and the exchange of initial

13 disclosures until after the hearing date on Defendant’s Motion to Stay. If the Supreme Court issues
14 a decision in Spokeo before the July 2016 hearing date, the Parties have agreed that they will
15 promptly meet and confer regarding the impact of the decision on the instant case and the
16 applicability of the pending motion.
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WHEREAS, good cause exists to continue the hearing to July 2016, as well as the current

18 briefing schedule, to conserve party and judicial resources that may be unnecessary depending on
19 the Court’s decision in Spokeo;
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THEREFORE, the Parties hereby stipulate and request that the hearing date on Defendant’s

21 Motion to Stay be continued to July 28, 2016 at 2:00 p.m. in Courtroom 7. Plaintiff’s opposition
22 shall be due no later than July 14, 2016. Defendant’s reply shall be due no later than July 21, 2016.
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IT IS SO STIPULATED.

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Case No. 2:15-cv-02702-MCE-CKD
STIPULATION AND REQUEST TO CONTINUE HEARING DATE ON DEFENDANT’S
MOTION TO STAY [DOCKET NO. 13]; ORDER

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DATED: April 8, 2016

BROSLAVSKY & WEINMAN, LLP

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By: /s/ Zack Proslavsky (as authorized on 4/8/16)
ZACK BROSLAVSKY
JONATHAN A. WEINMAN
Attorneys for Plaintiff and the Class
TYLER ANDERSON

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8 DATED: April 8, 2016
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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Becki D. Graham
BECKI D. GRAHAM
DANIELLE A. HINTON
Attorneys for Defendant
BRINK’S, INCORPORATED

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ORDER
Pursuant to the foregoing stipulation and good cause appearing, the hearing date on
Defendant’s Motion to Stay shall be continued to July 28, 2016 at 2:00 p.m. in Courtroom 7.
Plaintiff’s opposition shall be due no later than July 14, 2016. Defendant’s reply shall be due no
later than July 21, 2016.
IT IS SO ORDERED.
Dated: April 12, 2016

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Case No. 2:15-cv-02702-MCE-CKD
STIPULATION AND REQUEST TO CONTINUE HEARING DATE ON DEFENDANT’S
MOTION TO STAY [DOCKET NO. 13]; ORDER