Henry v. Central Freight Lines, Inc.

Filing 16

STIPULATION and ORDER signed by District Judge John A. Mendez on 4/21/16 ORDERING the Court hereby approves the Stipulation and Request to Stay All Proceedings Until Mediation and to Continue the Deadline to File the Joint 26 (f) Report and orders: All proceedings are stayed in this action until at least June 15, 2016, pending the outcome of mediation; and The Parties' new deadline to file the Joint 26(f) Report is July 8, 2016. (Becknal, R)

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Spencer C. Skeen CA Bar No. 182216
[e-mail]
Tim L. Johnson CA Bar No. 265794
[e-mail]
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
4370 La Jolla Village Drive, Suite 990
San Diego, CA 92122
Telephone: [phone]
Facsimile: 858.652.3101

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Attorneys for Defendant
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BLUMENTHAL, NORDREHAUG & BHOWMIK
Norman B. Blumenthal CA Bar No. 068687
Kyle R. Nordrehaug CA Bar No. 205975
Aparajit Bhowmik CA Bar No. 248066
Piya Mukherjee CA Bar No. 274217
2255 Calle Clara
La Jolla, CA 92037
Telephone: [phone]
Facsimile: [phone]
Website: www.bamlawca.com

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICKEY HENRY, an individual, on
behalf of himself, and on behalf of all
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persons similarly situated,
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Plaintiff,

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vs.
CENTRAL FREIGHT LINES, INC., a
Corporation, and DOES 1 through 50,
Inclusive,

Case No. 2:16-cv-00280-JAM-EFB
STIPULATION AND REQUEST TO
STAY ALL PROCEEDINGS UNTIL
MEDIATION AND CONTINUE THE
DEADLINE TO FILE THE JOINT
26(F) REPORT
Action Filed: October 20, 2015
Removed: February 23, 2016

Defendants.

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Case No. 2:16-cv-00280-JAM-EFB
STIPULATION AND REQUEST TO STAY ALL PROCEEDINGS UNTIL MEDIATION AND
TO CONTINUE THE DEADLINE TO FILE THE JOINT 26(F) REPORT; [PROPOSED] ORDER

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RECITALS
1.

On October 20, 2015, Plaintiff filed this action in the Superior Court of

the State of California for the County of Sacramento.
2.

On February 11, 2016, Defendant removed this matter to this Court

under the Class Action Fairness Act, 28 U.S.C. § 1332(d)(2). (Dkt. No. 1.)
3.

After removal, the Parties met and conferred pursuant to Rule 26(f). As

a result of that conference, the Parties decided to attend early mediation. The Parties
scheduled mediation with the Hon. Herbert B. Hoffman (Ret.) on June 15, 2016.
4.

On April 12, 2016, the Parties filed Joint Status Report (Dkt. No. 14.)

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STIPULATION
NOW, THEREFORE, the Parties stipulate and request that this Court stay all
proceedings in this action until at least June 15, 2016, pending the outcome of
mediation. The Parties further stipulate and request that this Court continue the
deadline to file the Joint 26(f) Report until July 8, 2016.
DATED: April 20, 2016

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By: /s/ Aparajit Bhowmik
Aparajit Bhowmik
Piya Mukherjee
Attorneys for Plaintiff

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DATED: April 20, 2016

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
By: /s/ Spencer C. Skeen
Spencer C. Skeen
Tim L. Johnson
Attorneys for Defendant

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BLUMENTHAL, NORDREHAUG &
BHOWMIK

[Proposed order on next page]

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Case No. 2:16-cv-00280-JAM-EFB
STIPULATION AND REQUEST TO STAY ALL PROCEEDINGS UNTIL MEDIATION AND
TO CONTINUE THE DEADLINE TO FILE THE JOINT 26(F) REPORT; [PROPOSED] ORDER

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ORDER
Good cause appearing, the Court hereby approves the Stipulation and Request
to Stay All Proceedings Until Mediation and to Continue the Deadline to File the
Joint 26(f) Report and orders:
1.

All proceedings are stayed in this action until at least June 15, 2016,

pending the outcome of mediation; and
2.

The Parties’ new deadline to file the Joint 26(f) Report is July 8, 2016.

IT IS SO ORDERED.

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DATED: 4/21/2016

/s/ John A. Mendez_______________________
JOHN A MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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Case No. 2:16-cv-00280-JAM-EFB
STIPULATION AND REQUEST TO STAY ALL PROCEEDINGS UNTIL MEDIATION AND
TO CONTINUE THE DEADLINE TO FILE THE JOINT 26(F) REPORT; [PROPOSED] ORDER

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SIGNATURE CERTIFICATION
I certify that the content of this document is acceptable to Aparajit Bhowmik
counsel for Plaintiff and that I have obtained his authorization to affix his electronic
signature to this document.
DATED: April 20, 2016

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
By: /s/ Spencer C. Skeen
Spencer C. Skeen
Tim L. Johnson
Attorneys for Defendant

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Case No. 2:16-cv-00280-JAM-EFB
STIPULATION AND REQUEST TO STAY ALL PROCEEDINGS UNTIL MEDIATION AND
TO CONTINUE THE DEADLINE TO FILE THE JOINT 26(F) REPORT; [PROPOSED] ORDER

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CERTIFICATE OF SERVICE

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I certify that on April 20, 2016, I electronically filed the foregoing with the

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Clerk of the Court using the CM/ECF system which will send notification of such

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filing to the email addresses denoted on the Notice of Electronic Filing.

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I certify under penalty of perjury under the laws of the United States of

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America and the State of California that the foregoing is true and correct. Executed

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on April 20, 2016.

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By: /s/ Spencer C. Skeen
Timothy L. Johnson
24586030.1

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Case No. 2:16-cv-00280-JAM-EFB
STIPULATION AND REQUEST TO STAY ALL PROCEEDINGS UNTIL MEDIATION AND
TO CONTINUE THE DEADLINE TO FILE THE JOINT 26(F) REPORT; [PROPOSED] ORDER