Espineli et al v. Toyota Motor Sales, U.S.A., Inc. et al

Filing 49

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/14/2018 CONTINUING the Status Conference and the 46 Motion to Dismiss Hearing from 1/11/2019 to 2/8/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Huang, H) Modified on 11/15/2018 (Huang, H).

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Amir Nassihi (SBN 235936)
[e-mail]
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104
Telephone:
415.544.1900
Facsimile:
415.391.0281
Attorneys for Defendant
TOYOTA MOTOR SALES U.S.A., INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MELINDA ESPINELI and MOHAMMAD
MOGHADDAM, as individuals and on behalf
of all others similarly situated,

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Plaintiffs,

Judge: Hon. Kimberly J. Mueller
STIPULATION AND ORDER
TO CONTINUE STATUS CONFERENCE
AND MOTION HEARING

vs.
TOYOTA MOTOR SALES U.S.A., INC., a
California corporation; TOYOTA MOTOR
CORPORATION, a Japanese Corporation; and
DOES 1 through 100, inclusive,

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Case No. 2:17-cv-00698-KJM-CKD

Complaint Filed: Mar. 31, 2017

Defendants.

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Pursuant to Eastern District of California Civil Local Rules 143 and 144, Plaintiffs Melinda

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Espineli and Mohammad Moghaddam (“Plaintiffs”) and Defendant Toyota Motor Sales U.S.A., Inc.

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(“Defendant”) (jointly “Parties”), by and through their respective attorneys, hereby stipulate as

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follows:
STIPULATION

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On August 9, 2018, the Court, on its own motion set a Status Conference for October 25, 2018.

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On September 19, 2018, Plaintiffs filed their First Amended Complaint.

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On October 4, 2018, the Court, on its own motion vacated the Status Conference set for

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October 25, 2018, and reset it for November 1, 2018.
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STIPULATION AND [PROPOSED] ORDER RE CONTINUING
STATUS CONFERENCE AND MOTION HEARING
2:17-CV-00698-KJM-CKD

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On October 17, 2018, Defendant filed its Motion to Dismiss Plaintiff’s First Amended
Complaint, setting the motion hearing for February 22, 2019 at 10:00 a.m.

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On October 19, 2018, the Court, on its own motion vacated the Status Conference set for

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November 1, 2018 and the hearing on Defendant’s Motion to Dismiss set for February 22, 2019, and

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reset them both for January 11, 2019 at 10:00 a.m.

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Counsel for Defendant, Amir Nassihi, has a conflict on January 11, 2019, due to a previously

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scheduled hearing on Motion for Summary Judgment and Pretrial Motions in Brown v.

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GlaxoSmithKline, No. 15CV23066 (Circuit Court of Oregon, County of Multnomah)

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The parties have met and conferred and have agreed, with the Court’s permission, to reschedule

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(1) The Status (Pretrial Scheduling) Conference and (2) Defendant’s Motion to Dismiss to February

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8, 2019.

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The requested continuance and modifications would not impact the case schedule, which will

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be set at or following the Status (Pretrial Scheduling) Conference. Subject to the Court’s approval,

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the parties stipulate as follows:

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The Status Conference and Motion Hearing on Defendant’s Motion to Dismiss (ECF
No. 46) shall be continued to February 8, 2019.

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Dated: November 5, 2018

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Respectfully submitted,
SHOOK, HARDY & BACON L.L.P.

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By: /s/ Amir Nassihi
Amir Nassihi

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Attorneys for Defendant
Toyota Motor Sales U.S.A.

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Dated: November 5, 2018

Respectfully submitted,
KERSHAW, COOK & TALLEY PC
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STIPULATION AND [PROPOSED] ORDER RE CONTINUING
STATUS CONFERENCE AND MOTION HEARING
2:17-CV-00698-KJM-CKD

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By: /s/ Ian Barlow (as authorized on 11/5/18)

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William A. Kershaw
Stuart C. Talley
Ian J. Barlow

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Attorneys for Plaintiffs
Melinda Espineli and Mohammad Moghaddam

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IT IS SO ORDERED. The Status Conference and Motion Hearing on Defendant’s Motion
to Dismiss (ECF No. 46) are continue from January 11, 2019 to February 8, 2019, at 10:00 a.m.
DATED: November 14, 2018.

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER RE CONTINUING
STATUS CONFERENCE AND MOTION HEARING
2:17-CV-00698-KJM-CKD