Smith v. Greyhound Lines, Inc.
Filing
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STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 3/5/2018 CONTINUING the 4 Motion to Remand, 8 Motion to Stay to 6/28/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; ORDERING that all opposition and reply briefs be filed based on the new hearing dates and in accordance with Local Rules. (Michel, G.)
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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: (916) 525-0716
Facsimile: (916) 760-3733
Email: attorney@shimodalaw.com
jrodriguez@shimodalaw.com
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Attorneys for Plaintiff JUSTIN SMITH
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David J. Dow (SBN 179407)
Kelsey E. Papst (SBN 270547)
LITTLER MENDELSON, P.C
500 Capitol Mall, Suite 2000
Sacramento, California 95814
Telephone: (916)830-7200
Email: ddow@littler.com
kpapst@littler.com
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Attorneys for Defendant GREYHOUND LINES, INC.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JUSTIN SMITH, individually and on behalf )
of all others similarly situated,
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Plaintiffs,
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vs.
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GREYHOUND LINES, INC., a Delaware )
Corporation; and DOES 1 to 100, inclusive, )
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Defendants.
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Case No. 2:17-CV-02238-TLN-AC
STIPULATION AND ORDER TO
CONTINUE MOTION TO REMAND
AND MOTION TO STAY
Complaint Filed: September 15, 2017
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STIPULATION & ORDER
2:17-CV-02238-TLN-AC
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This Stipulation and proposed Order is entered into between Plaintiff JUSTIN SMITH
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(“Plaintiff”) and Defendant GREYHOUND LINES, INC. (“Defendant”) (Plaintiff and Defendant all
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collectively, the “Parties”), by and through their counsel of record, as follows:
WHEREAS Plaintiff filed a Class Action against Defendant in the Superior Court of California
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for the County of Sacramento, Case No. 34-2017-00219188 on September 15, 2017;
WHEREAS Defendant removed Plaintiff’s Action to the United States Superior Court for the
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Eastern District of California and filed a Notice of Removal on October 25, 2017;
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WHEREAS Plaintiff filed a Motion to Remand on November 21, 2017 and the Hearing for that
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Motion is scheduled for January 11, 2018 at 2:00 p.m. in Courtroom 2, 15th Floor of the United States
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District Court for the Eastern District of California;
WHEREAS Defendant filed a Motion to Stay the Action on November 21, 2017 and the Hearing
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for that Motion is scheduled for January 11, 2018 at 2:00 p.m. in Courtroom 2, 15th Floor of the United
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States District Court for the Eastern District of California;
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WHEREAS Defendant has not yet filed an opposition to Plaintiff’s Motion to Remand;
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WHEREAS Plaintiff has not yet filed an opposition to Defendant’s Motion to Stay the Action;
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WHEREAS the Court entered an order on December 18, 2017 extending the hearing date for
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Plaintiff’s Motion to Remand and Defendant’s Motion to Stay per the Parties’ stipulation until March
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22, 2018;
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WHEREAS the Parties agree it is in their best interest to further continue the motion hearings in
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order to discuss further about settlement between the Parties. Filing motions will be expensive and such
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efforts can be used to determine whether settlement in feasible;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the
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Parties, subject to the approval of the Court, as follows:
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That the Court will continue Plaintiff’s Motion to Remand Hearing currently set for 2:00
p.m. on March 22, 2018 to 2:00 p.m. on June 28, 2018;
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That the Court will continue Defendant’s Motion to Stay Hearing currently set for 2:00
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p.m. on March 22, 2018 to 2:00 p.m. on June 28, 2018;
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//
STIPULATION & ORDER
2:17-CV-02238-TLN-AC
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3.
That all opposition and reply briefs due to be filed in connection with the Motion to
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Remand and/or Motion to Stay will be now be due based on the newly set hearing dates and in
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accordance with Local Rules; and
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4.
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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Shimoda Law Corp.
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Dated: March 2, 2018
By:
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/s/ Justin P. Rodriguez
Galen T. Shimoda
Justin P. Rodriguez
Attorneys for Plaintiff
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LITTLER MENDELSON, P.C.
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Dated: March 2, 2018
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By:
/s/ David J. Dow
David J. Dow
(as authorized on 3/2/18)
Kelsey E. Papst
Attorneys for Defendant
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STIPULATION & ORDER
2:17-CV-02238-TLN-AC
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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:
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Plaintiff’s Motion to Remand Hearing currently set for 2:00 p.m. on March 22, 2018 is
continued to 2:00 p.m. on June 28, 2018;
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Defendant’s Motion to Stay Hearing currently set for 2:00 p.m. on March 22, 2018 is
continued to 2:00 p.m. on June 28, 2018;
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All opposition and reply briefs due to be filed in connection with the Motion to Remand
and/or Motion to Stay will be now be due based on the newly set hearing dates and in accordance with
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Local Rules; and
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4.
Nothing in this stipulation order, or the act of entering into this stipulation and order,
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shall prejudice Plaintiff or Defendant in any argument they may otherwise make in the opposition and/or
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reply briefs.
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IT IS SO ORDERED.
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Dated: March 5, 2018
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Troy L. Nunley
United States District Judge
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STIPULATION & ORDER
2:17-CV-02238-TLN-AC
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