Hoover v. MOM365,Inc.

Filing 18

ORDER signed by District Judge Troy L. Nunley on 3/22/2018 ORDERING 16 Plaintiff's Motion to Modify the Pretrial Scheduling Order and for Leave to file a second amended complaint, hearing is CONTINUED to 6/28/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; Discovery due by 8/17/2018; Disclosure of Expert Witnesses due by 11/16/2018; and the deadline for hearing the Class Certification Motion will be CONTINUED to 2/21/2019. (Reader, L)

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Galen T. Shimoda (Cal. State Bar No. 226752)
Justin P. Rodriguez (Cal. State Bar No. 278275)
Shimoda Law Corp.
9401 East Stockton Boulevard, Suite 200
Elk Grove, CA 95624
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Plaintiff KELLY HOOVER

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Michelle B. Abidoye, Bar No. 232782
[e-mail]
Alexandria M. Witte, Bar No. 273494
[e-mail]
David L. Cheng, Bar No. 240926
[e-mail]
FORD & HARRISON LLP
350 South Grand Avenue, Suite 2300
Los Angeles, California 90071
Telephone: [phone]
Facsimile: 213-237-2401

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Attorneys for Defendant MOM365, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KELLY HOOVER,

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Plaintiff,

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vs.
MOM365, INC., a Missouri Corporation;
and DOES 1 to 100, inclusive,

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Defendants.

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Case No. 2:17-CV-01328-TLN-CKD
STIPULATION AND ORDER TO
CONTINUE PLAINTIFF’S MOTION
TO FILE A SECOND AMENDED
COMPLAINT AND ACCOMPANYING
BRIEFING SCHEDULE, AND TO
MODIFY THE PRETRIAL
SCHEDULING ORDER

Complaint Filed: May 19, 2017
FAC Filed: September 1, 2017

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STIPULATION & ORDER

2:17-CV-01328-TLN-CKD

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This Stipulation and proposed Order is entered into between Plaintiff KELLY HOOVER

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(“Plaintiff”) and Defendant MOM365, INC. (“Defendant”) (Plaintiff and Defendant all collectively, the

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“Parties”), by and through their counsel of record, as follows:

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WHEREAS, Plaintiff initiated the above entitled action by filing a Complaint in the California
Superior Court for the County of Sacramento on May 19, 2017;

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WHEREAS Defendant removed Plaintiff’s Action to the United States Superior Court for the
Eastern District of California and filed a Notice of Removal on June 29, 2017;

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WHEREAS Plaintiff filed a First Amended Complaint on September 1, 2017;

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WHEREAS Plaintiff filed a Motion to Modify the Pre-Trial Scheduling Order and For Leave to

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File a Second Amended Complaint and the Hearing for that Motion is scheduled for April 4, 2018 at
2:00 p.m. in Courtroom 2, 15th Floor of the United States District Court for the Eastern District of
California;

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WHEREAS Defendant’s Opposition Brief to Plaintiff’s Motion is due March 22, 2018 and
Plaintiff’s Reply Brief is due on March 29, 2018;

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WHEREAS the Court entered a Pretrial Scheduling Order on October 19, 2017;
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WHEREAS the Parties agree it is in their best interest to continue the Motion hearing and the

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corresponding deadlines to file an opposition and reply brief and to continue other litigation dates in the
Court’s Pretrial Scheduling Order in order to continue settlement discussions arising from and
subsequent to the Parties’ January 16, 2018 mediation in an attempt to resolve Plaintiff’s remaining class
claims;
WHEREAS a ruling on the pending Motion and the added expense related to further briefing in
connection therewith will make resolution much more difficult to achieve; and
WHEREAS the Parties have not requested any prior extensions or modifications to the Court’s
October 19, 2017 Pretrial Scheduling Order;

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NOW, THEREFORE, good cause having been shown under Rule 16, IT IS HEREBY

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STIPULATED AND AGREED, by and between the Parties, subject to the approval of the Court, as

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follows:

STIPULATION & ORDER

2:17-CV-01328-TLN-CKD

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That the Court will continue Plaintiff’s Motion to Modify the Pretrial Scheduling Order

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and For Leave to File a Second Amended Complaint Hearing currently set for 2:00 p.m. on April 5,

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2018 to 2:00 p.m. on June 28, 2018, or a date thereafter that is mutually convenience for the Court;

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2.

That all opposition and reply briefs due to be filed in connection with Plaintiff’s Motion

will be now be due based on the newly set hearing dates and in accordance with Local Rules;
3.

That nothing in this stipulation and proposed order, or the act of entering into this

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stipulation and proposed order, shall prejudice Plaintiff or Defendant in any argument they may

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otherwise make in the opposition and/or reply briefs;

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4.

That the Court will continue the deadline for completing Phase I of discovery pertaining

to class certification from June 15, 2018 to August 17, 2018;
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That the Court will continue the deadline for disclosure of expert witnesses from

September 14, 2018 to November 16, 2018; and
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That the Court will continue the deadline for hearing the Class Certification Motion from

December 6, 2018 to February 8, 2019, or a date thereafter that is mutually convenient for the Court.

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Shimoda Law Corp.

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Dated: March 21, 2018

By:

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/s/ Justin P. Rodriguez
Galen T. Shimoda
Justin P. Rodriguez
Attorneys for Plaintiff

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FORD & HARRISON LLP

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Dated: March 21, 2018

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STIPULATION & ORDER

By:

/s/ David L. Cheng
David L. Cheng
(as authorized on 3/21/18)
Michelle B. Abidoye
Alexandria M. Witte
Attorneys for Defendant

2:17-CV-01328-TLN-CKD

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ORDER

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The COURT, having considered the above stipulation and finding good cause, HEREBY

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ORDERS that:
1.

Plaintiff’s Motion to Modify the Pretrial Scheduling Order and For Leave to File a

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Second Amended Complaint Hearing currently set for 2:00 p.m. on April 5, 2018 will be continued to

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2:00 p.m. on June 28, 2018;

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2.

All opposition and reply briefs due to be filed in connection with Plaintiff’s Motion will

be now be due based on the newly set hearing dates and in accordance with Local Rules;
3.

Nothing in this stipulation and proposed order, or the act of entering into this stipulation

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and proposed order, shall prejudice Plaintiff or Defendant in any argument they may otherwise make in

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the opposition and/or reply briefs;

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4.

The deadline for completing Phase I of discovery pertaining to class certification will be

continued from June 15, 2018 to August 17, 2018;
5.

The deadline for disclosure of expert witnesses will be continued from September 14,

2018 to November 16, 2018; and
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The deadline for hearing the Class Certification Motion will be continued from December

6, 2018 to February 21, 2019.

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IT IS SO ORDERED.

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Dated: March 22, 2018

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Troy L. Nunley
United States District Judge

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STIPULATION & ORDER

2:17-CV-01328-TLN-CKD

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