Rowland v. CarMax Auto Superstores California, LLC et al

Filing 11

STIPULATION and ORDER signed by District Judge Vince Chhabria on 10/27/16: HEARING as to 6 Motion to Compel Arbitration RESET for 12/15/2016 at 10:00 AM in San Francisco Courthouse, Courtroom 4 - 17th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102 before District Judge Vince Chhabria. (Kaminski, H)

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HUMPHREY & RIST, LLP
Christina A. Humphrey, Esq. (SBN 226326)
Thomas A. Rist, Esq. (SBN 238090)
351 Paseo Nuevo, 2nd Floor
Santa Barbara, California 93101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
TOWER LEGAL GROUP
James A. Clark (SBN 278372)
[e-mail]
Renee N. Parras (SBN 283441)
[e-mail]
1510 J St., Suite 125
Placer, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
JAMES ROWLAND et al.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Jack S. Sholkoff (SBN 145097)
[e-mail]
Alexander M. Chemers (SBN 263726)
[e-mail]
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 213.239.9045
Attorneys for Defendants
CARMAX AUTO SUPERSTORES CALIFORNIA, LLC and
CARMAX AUTO SUPERSTORES WEST COAST, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Stipulation and [Proposed] Order To Continue Hearing on Motion to Compel Arbitration

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VC
Case No.: 2:16-cv-02135-VGC

JAMES ROWLAND on behalf of himself and
all others similarly situated,

STIPULATION AND [PROPOSED] ORDER
TO CONTINUE HEARING
ON MOTION TO COMPEL ARBITRATION

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Plaintiffs,
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v.
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CARMAX AUTO SUPERSTORES
CALIFORNIA, LLC, a limited liability
company; CARMAX AUTO SUPERSTORES
WEST COAST, INC., a corporation, and DOES
1-100, inclusive,

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Defendants.
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IT IS HEREBY STIPULATED by and between the parties, Plaintiff JAMES ROWLAND

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(“Plaintiff”) and Defendants CARMAX AUTO SUPERSTORES CALIFORNIA, LLC and

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CARMAX AUTO SUPERSTORES WEST COAST, INC. (together, “Defendants”) (collectively,

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“the Parties”), by and through their respective attorneys of record, as follows:

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November 17, 2016;

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Defendants’ Motion to Compel Arbitration (the “Motion”) is presently set for hearing on

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Due to the unavailability of Plaintiff’s counsel on the noticed date, the Parties have agreed to

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continue the hearing on the Motion to a later date that is mutually agreeable to the Parties and

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convenient for the Court;

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3.

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Whereas, this matter was recently reassigned from the Honorable Morrison C. England, Jr. to
the Honorable Vince G. Chhabria, which also necessitates changing the location and hearing

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time for the Motion;

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4.

Therefore, the Parties respectfully request that Defendants’ Motion to Compel Arbitration,

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currently set for hearing on November 17, 2016, at 2:00 p.m., Courtroom 7, 14th Floor, is
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continued to December 15, 2016, at 10:00 a.m., in San Francisco Courthouse, Courtroom 4 26

17th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. Plaintiff’s opposing papers
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will be due not less than 14 calendar days prior to the date of the continued hearing of
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2

Stipulation and [Proposed] Order To Continue Hearing on Motion to Compel Arbitration

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December 15, 2016, and Defendants’ reply papers will be due not less than 7 calendar days

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prior to the date of the continued hearing; and

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5.

The Parties also agree that, should any of the above-referenced proposed dates be

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inconvenient or unacceptable for any reason, the Court has the discretion to set other dates

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which are more convenient or acceptable. However, counsel request that the current

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proposed dates in this matter be continued to a time that is at least after December 15, 2016.

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Dated: October 25, 2015

Tower Legal Group, P.C.

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By: /s/James A. Clark
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James A. Clark, Esq.
Christina A. Humprey, Esq.
Attorney for Plaintiff ROWLAND

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Dated: October 25, 2015

Ogletree, Deakins, Nash, Smoak
& Stewart, P.C

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By: /s/ Alexander M. Chemers

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Alexander M. Chemers, Esq.
Jack Scholkoff, Esq.
Attorney for Defendants CARMAX
AUTO SUPERSTORES CALIFORNIA,
LLC, CARMAX AUTO
SUPERSTORES WEST COAST, INC

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Stipulation and [Proposed] Order To Continue Hearing on Motion to Compel Arbitration

ORDER

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The Court, having reviewed the Stipulation of the Parties and finding good cause, hereby issues an

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Order to:

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1. Continue the hearing on Defendants CARMAX AUTO SUPERSTORES CALIFORNIA,

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LLC, and CARMAX AUTO SUPERSTORES WEST COAST, INC.’s Motion to Compel

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Arbitration from November 17, 2016 at 2:00 p.m., to December 15, 2016, at 10:00 a.m. in

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San Francisco Courthouse, Courtroom 4 - 17th Floor, 450 Golden Gate Avenue, San

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Francisco, CA 94102., with Plaintiff’s opposing papers to be filed and served not less than 14

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calendar days prior to the continued hearing date, and with Defendants’ reply papers to be

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filed and served not less than 7 calendar days prior to the continued hearing date..

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IT IS SO ORDERED.

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_____________________________
D
RDERE
S SO O
UNITED STATES DISTRICT JUDGE
IT I

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NO
ER

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A

H

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hhabr ia

LI

RT

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ince C
J u d ge V

R NIA

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October 27, 2016
Dated: __________________

FO

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S DISTRICT
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UNIT
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Stipulation and [Proposed] Order To Continue Hearing on Motion to Compel Arbitration