Ramos v. PVH Corporation

Filing 38

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/17/2017 ORDERING that the Federal Rule of Civil Procedure 26(f) conference and Joint Status Report ordered by this Court on 11/17/2016 is POSTPONED until a date no later than 14 days after the pleadings are resolved. (Zignago, K.)

1
2
3
4

LARY ALAN RAPPAPORT, SBN 087614
[e-mail]
PROSKAUER ROSE LLP
2049 Century Park East, 32nd Floor
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]

10

LAWRENCE I. WEINSTEIN (Admitted Pro Hac Vice)
[e-mail]
JEFFREY H. WARSHAFSKY (Admitted Pro Hac Vice)
[e-mail]
Q. JENNIFER YANG (Admitted Pro Hac Vice)
[e-mail]
PROSKAUER ROSE LLP
Eleven Times Square
New York, NY 10036
Telephone: [phone]
Facsimile: [phone]

11

Attorneys for Defendant PVH Corp.

5
6
7
8
9

12

UNITED STATES DISTRICT COURT
13

EASTERN DISTRICT OF CALIFORNIA
14
15
16

MARIA RAMOS, on behalf of
herself and all others similarly
situated,

17
18
19
20
21

Plaintiff,

Case No. 2:16-CV-02258-TLN-AC
(Reassigned to The Hon. Troy L. Nunley)
STIPULATION AND ORDER RE:
JOINT STATUS REPORT

v.
PVH CORPORATION, a
DELAWARE corporation,
Defendant.

22
23
24
25
26
27
28

STIPULATION AND ORDER RE: JOINT STATUS REPORT

1
2
3

Plaintiff Maria Ramos (“Ramos”) and defendant PVH Corp. (“PVH”), by and
through their respective undersigned counsel, hereby stipulate as follows:
1.

On June 1, 2016, Ramos commenced this action by filing a class action

4

complaint in San Francisco County Superior Court.

5

removed this action to the United States District Court for the Northern District of

6

California, Case No. 3:16-cv-4131-DMR. The action was reassigned to the Hon.

7

Thelton E. Henderson on August 4, 2016. Ramos filed a First Amended Class

8

Action Complaint on September 6, 2016.

9

2.

On July 22, 2016, PVH

Pursuant to stipulation and order, on September 20, 2016, this action

10

was transferred to the Eastern District of California where it was docketed as Case

11

No. 2:16-CV-02258-JAM-KJN and assigned to the Hon. John A. Mendez.

12

3.

On October 7, 2016, PVH filed its motion to dismiss Ramos’s First

13

Amended Class Action Complaint pursuant to Fed. R. Civ. P. 12(b)(6). By Minute

14

Order dated November 9, 2016, the motion to dismiss was taken under submission

15

without oral argument pursuant to Local Rule 230(g).

16

4.

By Order dated November 17, 2016, this action was deemed related to

17

Maria Ramos v. BCBG Max Azria Group, LLC, Case No. 2:16-cv-01809-TLN-AC,

18

and Maria Ramos v. AM Retail Group, Inc., Case No. 2:16-cv-01842-MCE-KJN

19

(redesignated Case No. 2:16-cv-01842-TLN-AC) and reassigned to the Hon. Troy

20

L. Nunley. (Docket No. 34.) Also on November 17, 2016, the Court issued an

21

Order Requiring Joint Status Report requiring that the parties hold a Federal Rule of

22

Civil Procedure 26(f) conference and file a Joint Status Report within 60 days.

23

(Docket No. 35.)

24

5.

Counsel for Ramos and PVH have met and conferred, and agree that

25

good cause exists to postpone the preparation and filing of the Joint Status Report

26

until the Court hears and resolves PVH’s pending motion to dismiss.

27
28
1
STIPULATION AND ORDER RE: JOINT STATUS REPORT

1

6.

THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE

2

that the Federal Rule of Civil Procedure 26(f) conference and Joint Status Report

3

ordered by this Court on November 17, 2016 be postponed until no later than 14

4

days after the pleadings are resolved.

5
6
7
8

.
Dated: January 12, 2017

STONEBARGER LAW, A
PROFESSIONAL CORPORATION
KEARNEY LITTLEFIELD, LLP

9
10

By: s/ Prescott Littlefield________
Prescott Littlefield
Attorneys for Plaintiff Maria Ramos

11
12
13

.
Dated: January 12, 2017

PROSKAUER ROSE LLP

14

By: s/ Lary Alan Rappaport________
Lary Alan Rappaport
Attorneys for Defendant PVH Corp.

15
16
17
18

Pursuant to Local Rule 131(e), I hereby attest that that I have obtained the

19

concurrence of Prescott Littlefield, Esq., on whose behalf this filing is submitted, in

20

the filing of this document and, on January 12, 2017, Mr. Littlefield authorized me

21

to file this document with his electronic signature.

22

Dated: January 12, 2017

PROSKAUER ROSE LLP

23
24
25

By: s/ Lary Alan Rappaport________
Lary Alan Rappaport
Attorneys for Defendant PVH Corp.

26
27
28
2
STIPULATION AND ORDER RE: JOINT STATUS REPORT

ORDER

1
2

Upon consideration of the forgoing Stipulation re: Joint Status Report by and

3

between plaintiff Maria Ramos and Defendant PVH Corp., and good cause

4

appearing,

5

IT IS HEREBY ORDERED THAT the Federal Rule of Civil Procedure 26(f)

6

conference and Joint Status Report ordered by this Court on November 17, 2016 be

7

postponed until a date no later than 14 days after the pleadings are resolved.

8

IT IS SO ORDERED.

9
10

Dated: January 17, 2017

11
Troy L. Nunley
United States District Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

STIPULATION AND ORDER RE: JOINT STATUS REPORT