Medlin, et al., v. Chipotle Mexican Grill, Inc.

Filing 8

ORDER signed by Senior Judge William B. Shubb on 4/17/2017 GRANTING #7 Joint Request to Appear by Telephone at the Case Management Conference scheduled for 4/24/2017 at 1:30 p.m. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call.(Kirksey Smith, K)

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1 2 3 DA VEGA | FISHER | MECHTENBERG, LLP Matthew S. Da Vega (SB# 195443) 232 E. Anapamu St. Santa Barbara, CA 93101 Telephone: 805.232.4471 Facsimile: 877.535.9358 Email: Mdavega@mdmflaw.com 4 5 6 7 8 9 10 11 12 13 14 Attorneys for Plaintiff Medlin, et al. MESSNER REEVES LLP Eric De Wames (CA State Bar No. 229745) edewames@messner.com 11620 Wilshire Blvd., Suite 500 Los Angeles, CA 90025 Telephone: (310) 909-7440 Facsimile: (310) 889-0896 MESSNER REEVES LLP Charles C. Cavanagh (CA State Bar No. 198468) ccavanagh@messner.com 1430 Wynkoop Street, Suite 300 Denver, Colorado 80202 Telephone: (303) 623-1800 Facsimile: (303) 623-0552 Attorneys for Defendant CHIPOTLE MEXICAN GRILL, INC. 15 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 20 21 22 23 24 25 26 LEIGHANNA MEDLIN, SUMMER DAVIS, GERALDINE FERNANDEZ, SYDNEY WHITEHURST, ISAIAH JORDAN WALLACE and, LEEYONTRE BUMPUS, individually, ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) CHIPOTLE MEXICAN GRILL, INC., and ) DOES 1-25, inclusive, ) ) Defendants. ) ) ) Case No.: 2:16-cv-03048-WBS-GGH REQUEST AND [PROPOSED] ORDER FOR PLAINTIFF AND DEFENSE COUNSEL TO APPEAR TELEPHONICALLY AT CASE MANAGEMENT CONFERENCE Date: Time: April 24, 2017 1:30 p.m. Action Filed: November 18, 2016 Action Removed: December 29, 2016 Trial Date: Not Set 27 28 REQUEST AND [PROPOSED] ORDER TO APPEAR TELEPHONICALLY AT CASE MANAGEMENT CONFERENCE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD: The initial pretrial conference required under Fed. R. Civ. P. 16 and LR 16.2 is scheduled for April 24, 2017, at 1:30 p.m., before Hon. William B. Shubb, Court Room #5 of Robert T. Matsui United States Courthouse - 501 I Street Sacramento, CA 95814. Both Plaintiffs’ counsel (Matthew S. Da Vega of DA VEGA FISHER MECHTENBERG LLP) and Defendant’s Counsel (Eric De Wames of MESSNER REEVES, LLP), are satisfied to have the court issue a Status (Pretrial Scheduling) Order based on their Joint Status Report, instead of appearing at the Case Management Conference. However, if Plaintiffs’ counsel and Defendant’s Counsel must appear, they request that they be allowed to appear at the Case Management Conference by telephone. Plaintiff’s counsel is located in Santa Barbara, CA and will be in a previously scheduled mediation on April 24, 2017. Defendant’s counsel are located in Los Angeles, CA and Denver, Colorado. Appearance in person in Sacramento is unnecessarily costly and time consuming for all parties. WHEREFORE, Plaintiffs and Defendant respectfully request leave of this Court for the parties to appear by telephone for the Case Management Conference, if one is held. Dated: April 11, 2017 Respectfully submitted, 18 /s/ Matthew S. Da Vega Matthew S. Da Vega DA VEGA FISHER MECHTENBERG LLP Attorneys for Plaintiff Medlin, et al. 19 20 21 22 23 24 25 26 Dated: April 11, 2017 /s/ Eric De Wames Eric De Wames Charles C. Cavanagh MESSNER REEVES, LLP Attorneys for Defendant Chipotle Mexican Grill, Inc. 27 28 1 REQUEST AND [PROPOSED] ORDER TO APPEAR TELEPHONICALLY AT CASE MANAGEMENT CONFERENCE 1 ORDER 2 Both Lead Plaintiff's counsel (Matthew S. Da Vega) and Defendant’s counsel (Eric De 3 4 5 6 7 8 9 Wames and Charles Cavanagh) request to appear by telephone for the Case Management Conference scheduled for April 24, 2017 at 1:30 p.m. is hereby GRANTED. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. IT IS SO ORDERED: Dated: April 17, 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 REQUEST AND [PROPOSED] ORDER TO APPEAR TELEPHONICALLY AT CASE MANAGEMENT CONFERENCE 1 2 PROOF OF SERVICE I am employed in the City and County of Los Angeles, California. I am over the age of 3 eighteen years and not a party to the within entitled action; my business address is 11620 4 Wilshire Blvd., Suite 500, Los Angeles, CA 90025. On April 12, 2017, I caused to be served the foregoing documents described as: 5 6 7 8 9 10 11 12 13 REQUEST AND [PROPOSED] ORDER FOR PLAINTIFF AND DEFENSE COUNSEL TO APPEAR TELEPHONICALLY AT CASE MANAGEMENT CONFERENCE On the interested parties as follows: Matthew S. Da Vega Matthew Fisher Ted Mechtenberg DA VEGA, FISHER, MECHTENBERG, LLP 232 E. Anapamu St. Santa Barbara, CA 93101 Telephone: 805.232.4471 Facsimile: 877.535.9358 Email: mdavega@mdmflaw.com 14 15 16 17 18 [ XX] [by ELECTRONIC SUBMISSION] I served the above listed document(s) described via the United States District Court's Electronic Filing Program on the designated recipients via electronic transmission through the CM/ECF system on the Court's website. The Court's CM/ECF system will generate a Notice of Electronic Filing (NEF) to the filing party, the assigned judge, and any registered users in the case. The NEF will constitute service of the document(s). Registration as a CM/ECF user constitutes consent to electronic service through the court's transmission facilities. 19 I declare under penalty of perjury under the laws of the State of California that the 20 21 22 forgoing is true and correct. DATED: April 12, 2017 /s/ Kylee Ashmore Kylee Ashmore 23 24 25 26 27 28 1 PROOF OF SERVICE

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