Bernal v. Zumiez, Inc.

Filing 16

ORDER signed by District Judge Stanley A. Bastian on 12/06/16 ORDERING that Defendant shall file their motion to compel arbitration by 03/10/17; plaintiffs shall file their motion to certify a class by 06/02/17. Upon the filing of one of these motions, the parties shall contact Deputy Clerk Laurie McClure in order to establish a hearing date, deadlines for filing responses and replies, and to decide whether oral argument will be requested at the hearing. (Benson, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AT SACRAMENTO

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10 ALEXANDRA BERNAL and ALEXIA

No. 2:16-cv-01802-SB

11 HERRERA, individually and on behalf of
12 all others similarly situated,
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Plaintiff,

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INITIAL SCHEDULING ORDER

v.

15 ZUMIEZ, INC., and Does 1 through 10,
16 inclusive,
Defendants.

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On December 5, 2016, the Court held a status conference where David

20 Leimbach appeared on behalf of Plaintiffs and Nathan Austin appeared on behalf
21 of Defendant Zumiez, Inc. The parties indicate that two essential motions are
22 forthcoming: 1) a plaintiffs’ motion to certify a class; and 2) a defense motion to
23 compel arbitration. Under Local Rule 205, the Court is empowered to postpone
24 certain proceedings until the issue of class certification is determined.
25 Additionally, proceeding to trial when some or all of the potential class members
26 could be compelled into arbitration could waste the time and resources of the
27 parties and the Court.
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INITIAL SCHEDULING ORDER ^ 1

Therefore the Court will establish a briefing schedule for these motions in

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2 lieu of a trial schedule which would inevitably face continuance. Once the motions
3 to certify a class and to compel arbitration are adjudicated, and if the case remains
4 before the Court, the parties will cooperate with the Court in creating a full trial
5 schedule.
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Accordingly, IT IS HEREBY ORDERED THAT:

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1. Defendant shall file their motion to compel arbitration by Friday, March

8 10, 2017.
2. Plaintiffs shall file their motion to certify a class by Friday, June 2,

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10 2017.
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3. Upon the filing of one of these motions, the parties shall contact the

12 chambers of Judge Stanley A. Bastian at [phone] to request Deputy Clerk
13 of Court Laurie McClure in order to establish a hearing date, deadlines for filing
14 responses and replies, and to decide whether oral argument will be requested at the
15 hearing.
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IT IS SO ORDERED. The Clerk of Court is directed to enter this Order

17 and forward copies to counsel.
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DATED this 6th day of December, 2016.

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_______________________________
Stanley A. Bastian
United States District Judge

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INITIAL SCHEDULING ORDER ^ 2