Winegarner v. Rite Aid Corporation

Filing 32

STIPULATION and ORDER signed by District Judge John A. Mendez on 1/19/18, ORDERING that the Court's 30 Minute Order is hereby VACATED. Rite Aid's 26 Motion for partial summary judgment is SET for hearing on 2/13/2018 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. Rite Aid's reply is due 14 days prior to the hearing. (Kastilahn, A)

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(Counsel of record listed on next page)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CAREN WINEGARNER, an individual

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Plaintiff,
vs.
RITE AID CORPORATION, and DOES 1
through 50, inclusive,

No. 2:16-CV-01028 JAM-EFB
STIPULATION TO VACATE MINUTE
ORDER OF 01/17/18 (ECF 30) AND
REINSTATE HEARING DATE ON RITE
AID’S MOTION FOR PARTIAL SUMMARY
JUDGMENT OR, ALTERNATIVELY, SET
HEARING FOR NEXT AVAILABLE DATE
Judge:

Hon. John A. Mendez

Defendants
Complaint filed:
Trial date:

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February 2, 2016
None set

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STIPULATION TO VACATE ORDER, REINSTATE
HEARING DATE
U.S.D.C., E.D. Cal., No. 2:16-CV-01028 JAM-EFB
LEGAL_US_W # 92829175.1

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MATTHEW RIGHETTI (Cal. State Bar No. 121012)
JOHN GLUGOSKI (Cal. State Bar No. 191551)
MICHAEL RIGHETTI (Cal. State Bar No. 258541)
RIGHETTI GLUGOSKI, P.C.
456 Montgomery Street, Suite 1400
San Francisco, California 94104
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff

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JEFFREY D. WOHL (Cal. State Bar No. 096838)
JUSTIN M. SCOTT (Cal. State Bar No. 302502)
W. TUCKER PAGE (Cal. State Bar No. 306728)
PAUL HASTINGS LLP
101 California Street, 48th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant
Rite Aid Corporation

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STIPULATION TO VACATE ORDER, REINSTATE
HEARING DATE
U.S.D.C., E.D. Cal., No. 2:16-CV-01028 JAM-EFB
LEGAL_US_W # 92829175.1

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Plaintiff Caren Winegarner and defendant Rite Aid Corporation (“Rite Aid”) hereby stipulate
and respectfully request that the Court vacate its Minute Order of January 17, 2018 (ECF 30) and
reinstate the January 30, 2018, hearing date on Rite Aid’s motion for partial summary judgment
(ECF 26). The parties did meet and confer on the issues in the motion prior to it being filed, and believe
that the Court’s ruling on Rite Aid’s motion likely will expedite resolution of this action and four other
related actions (involving five plaintiffs) before the Court, as well as prevent future motion practice in
those related actions. In the event that January 30, 2018, is no longer available for the hearing, the
parties respectfully request that the Court hear Rite Aid’s motion on the next available hearing date.
Rite Aid apologizes to the Court for omitting the required language regarding the pre-motion conference
in its notice of motion.

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In support of their request, the parties stipulate as follows:

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position that Fenley v. Rite Aid Corp., Santa Clara Superior Court No. 1-12-CV-2229127, did not toll
the statute of limitations on Store Manager misclassification claims filed by plaintiffs’ counsel,
including this action. This included multiple substantive conversations in October 2017 and November
2017 and a notification by Rite Aid’s counsel that Rite Aid would be filing a motion on the issue before
this Court, and the anticipated hearing date.*

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2.

Aid noticed the motion for hearing on January 30, 2018.
3.

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On January 16, 2018, plaintiff filed her opposition, response to Rite Aid’s statement of

undisputed facts and plaintiff’s statement of disputed facts, and supporting declarations. (ECF 29.)

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On November 14, 2017, Rite Aid filed its notice of motion for partial summary judgment,

memorandum in support, statement of undisputed facts, and supporting declarations. (ECF 26.) Rite

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Before Rite Aid filed its motion, the parties met and conferred regarding Rite Aid’s

4.

On January 17, 2018, the Court issued a Minute Order (ECF 30) dismissing Rite Aid’s

motion without prejudice and vacating the noticed January 30, 2018, hearing, due to Rite Aid’s noncompliance with the Court’s directive in its May 18, 2016, Order (ECF 7-2) that the moving party

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*

Regarding the secondary issue in Rite Aid’s motion regarding whether plaintiffs may assert
claims for penalties for meal- and rest-period premiums through California Business and Professions
Code 17200, the parties first litigated and conferred regarding this issue in approximately October 2016.
STIPULATION TO VACATE ORDER, REINSTATE
HEARING DATE
U.S.D.C., E.D. Cal., No. 2:13-CV-02439 JAM-EFB
LEGAL_US_W # 92829175.1

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include a statement that, “This motion is made following the conference of counsel pursuant to the
Court’s standing order which took place on [date of conference].”
5.

Before (and after) Rite Aid’s filing of its motion for partial summary judgment, counsel

for the parties have discussed extensively the tolling issue central to Rite Aid’s motion, and have been
unable to reach a resolution that eliminates the need for a hearing.
6.

Pursuant to the Court’s September 12, 2017, Order, the dispositive motion deadline in

this matter—and all other related matters (ECF 23) except Larry Jones v. Rite Aid Corp., U.S.D.C., E.D.
Cal., No. 2:17-cv-01527 JAM-EFB—is March 8, 2018, with a hearing deadline of April 9, 2018 (ECF
25). A ruling regarding Rite Aid’s motion for partial summary judgment in this matter will likely avoid
motion practice in those multiple other related actions before the Court on the same issues.
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The parties therefore stipulate and respectfully request that the Court vacate its

January 17, 2018, Minute Order and reinstate the January 30, 2018, hearing date on Rite Aid’s motion
for partial summary judgment. In the alternative, the parties request the earliest available hearing date
that is convenient for the Court. A proposed order is submitted for the Court’s convenience.
This stipulation is filed by Justin M. Scott. All other signatories listed, and on whose behalf the
filing is submitted, concur in the filing’s content and have authorized this filing.

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Dated: January 19, 2018.
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MATTHEW RIGHETTI
JOHN GLUGOSKI
MICHAEL RIGHETTI
RIGHETTI GLUGOSKI, P.C.
By:

/s/ Michael Righetti
Michael Righetti
Attorneys for Plaintiffs

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Dated: January 19, 2018.

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JEFFREY D. WOHL
JUSTIN M. SCOTT
W. TUCKER PAGE
PAUL HASTINGS LLP

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By:

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/s/ Justin M. Scott
Justin M. Scott
Attorneys for Defendant Rite Aid Corporation

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-2LEGAL_US_W # 92829175.1

STIPULATION TO VACATE ORDER, REINSTATE
HEARING DATE
U.S.D.C., E.D. Cal., No. 2:13-CV-02439 JAM-EFB

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(Counsel of record listed on next page)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CAREN WINEGARNER, an individual

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Plaintiff,
vs.
RITE AID CORPORATION, and DOES 1
through 50, inclusive,
Defendants

No. 2:16-CV-01028 JAM-EFB
ORDER GRANTING STIPULATION TO
VACATE MINUTE ORDER OF 01/17/18 (ECF
30) AND REINSTATE HEARING DATE ON
RITE AID’S MOTION FOR PARTIAL
SUMMARY JUDGMENT OR,
ALTERNATIVELY, SET HEARING FOR
NEXT AVAILABLE DATE
Judge:

Hon. John A. Mendez

Complaint filed:
Trial date:

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February 2, 2016
None set

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ORDER GRANTING STIPULATION TO VACATE
ORDER, REINSTATE HEARING DATE
U.S.D.C., E.D. Cal., No. 2:13-CV-02439 JAM-EFB
LEGAL_US_W # 92829175.1

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MATTHEW RIGHETTI (Cal. State Bar No. 121012)
JOHN GLUGOSKI (Cal. State Bar No. 191551)
MICHAEL RIGHETTI (Cal. State Bar No. 258541)
RIGHETTI GLUGOSKI, P.C.
456 Montgomery Street, Suite 1400
San Francisco, California 94104
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff

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JEFFREY D. WOHL (Cal. State Bar No. 096838)
JUSTIN M. SCOTT (Cal. State Bar No. 302502)
W. TUCKER PAGE (Cal. State Bar No. 306728)
PAUL HASTINGS LLP
101 California Street, 48th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant
Rite Aid Corporation

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ORDER GRANTING STIPULATION TO VACATE
ORDER, REINSTATE HEARING DATE
U.S.D.C., E.D. Cal., No. 2:13-CV-02439 JAM-EFB
LEGAL_US_W # 92829175.1

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On the stipulation of the parties, and good cause appearing therefor,
IT IS ORDERED that the Court’s January 17, 2018, Minute Order (ECF 30) be and hereby is
VACATED.
IT IS FURTHER ORDERED that the Court will hold a hearing on Rite Aid’s motion for partial
summary judgment (ECF 26) on February 13, 2018 at 1:30 p.m. Rite Aid’s reply is due fourteen (14)
days prior to the hearing.

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Dated: January19, 2018.

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/s/ JOHN A. MENDEZ
John A. Mendez
United States District Court Judge

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ORDER GRANTING STIPULATION TO VACATE
ORDER, REINSTATE HEARING DATE
U.S.D.C., E.D. Cal., No. 2:13-CV-02439 JAM-EFB
LEGAL_US_W # 92829175.1