Rowland v. CarMax Auto Superstores California, LLC et al

Filing 15

STIPULATION and ORDER signed by District Judge Vince Chhabria on 11/23/16 ORDERING that the Initial Case Management Conference previously set for December 6, 2016 at 2:30 p.m. is hereby continued to December 15, 2016 at 2:00 p.m. The Court FURTHER ORDERS the Parties to file a joint Case Management Statement on or before December 8, 2016. (Becknal, R)

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JACK S. SHOLKOFF, CA Bar No. 145097
[e-mail]
ALEXANDER M. CHEMERS, CA Bar No. 263726
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone:
213.239.9800
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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JAMES ROWLAND on behalf of himself and
all others similarly situated,

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Plaintiffs,
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Case No. 2:16-cv-02135-VGC
STIPULATION AND ORDER
TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE

v.
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CARMAX AUTO SUPERSTORES
15 CALIFORNIA, LLC, a limited liability
company; CARMAX AUTO SUPERSTORES
16 WEST COAST, INC., a corporation, and
DOES 1-100, inclusive,
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Defendants.
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Complaint Filed:
Trial Date:
District Judge:

September 7, 2016
None
Hon. Vince G. Chhabria
Courtroom 4, 17th Floor
San Francisco

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27493716_1.docx

Case No. 2:16-cv-02135-VGC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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Plaintiff James Rowland (“Plaintiff”) and defendants CarMax Auto Superstores California,

2 LLC and CarMax Auto Superstores West Coast, Inc. (together, “CarMax”) (collectively, the
3 “Parties”), by and through their respective counsel, stipulate as follows:
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WHEREAS, on November 22, 2016, the Court issued a minute order setting a Telephonic

5 Initial Case Management Conference for December 6, 2016 at 2:30 p.m. [Dkt No. 12];
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WHEREAS, CarMax’s Motion to Compel Arbitration is presently set for hearing before

7 this Court on December 15, 2016, at 2:00 p.m.;
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WHEREAS, Plaintiff and CarMax agree and respectfully request that the Initial Case

9 Management Conference be continued to December 15, 2016, so that it can be conducted at the
10 same time as the hearing on CarMax’s Motion to Compel Arbitration;
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WHEREAS, the brief continuance of the Initial Case Management Conference will be

12 advantageous for several reasons, including minimizing the number of court appearances and
13 allowing counsel to appear personally for both of the items that are now on calendar. Due to the
14 impending Thanksgiving holiday, the Parties would also benefit from additional time to meet-and15 confer and to prepare a joint statement prior to the Initial Case Management Conference.
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THEREFORE, Plaintiff and CarMax stipulate and request that the Initial Case Management

17 Conference be continued from December 6, 2016 at 2:30 p.m., to December 15, 2016 at 2:00 p.m.
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27493716_1.docx

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Case No. 2:16-cv-02135-VGC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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The Parties further stipulate that they will submit a joint Case Management Statement on or before

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December 8, 2016.

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DATED: November 22, 2016

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Alexander M. Chemers
Jack S. Sholkoff
Alexander M. Chemers

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Attorneys for Defendants
CARMAX AUTO SUPERSTORES
CALIFORNIA, LLC and CARMAX AUTO
SUPERSTORES WEST COAST, INC.

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DATED: November 22, 2016

HUMPHREY & RIST, LLP

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By: /s/ Christina A. Humphrey
Christina A. Humphrey
Attorneys for Plaintiff
JAMES ROWLAND

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27493716_1.docx

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Case No. 2:16-cv-02135-VGC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

ORDER

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

3 ORDERS that the Initial Case Management Conference previously scheduled for December 6,
4 2016 at 2:30 p.m. is hereby continued to December 15, 2016 at 2:00 p.m. The Court FURTHER
5 ORDERS the Parties to file a joint Case Management Statement on or before December 8, 2016.
6 IT IS SO ORDERED
November 23, 2016
7 Dated: ________________
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____________________________________
Hon. Vince G. Chhabria
United States District Judge

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27493716_1.docx

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Case No. 2:16-cv-02135-VGC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE