Smith v. Greyhound Lines, Inc.

Filing 15

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/7/18: HEARING as to 8 Motion to Stay and 4 Motion to Remand RESET for 7/26/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Kaminski, H)

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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 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: [phone]
Email: [e-mail]
[e-mail]

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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;
WHEREAS Plaintiff filed a Motion to Remand on November 21, 2017 and the Hearing for that

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Motion is scheduled for June 28, 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 per the Court’s order entered on March 5, 2018

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extending the hearing date;
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 June 28, 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 per the Court’s order entered on March 5,

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2018 extending the hearing date;

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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 Parties are engaged is settlement discussions and Parties agree it is in their best

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interest to further continue the motion hearings in order to facilitate settlement;
WHEREAS a ruling on the pending motions prior to a final determination between the Parties on

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whether settlement can be achieved will negatively affect the prospect of resolution.
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:
1.

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That the Court will continue Plaintiff’s Motion to Remand Hearing currently set for 2:00

p.m. on June 28, 2018 to 2:00 p.m. on July 26, 2018;
2.

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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 June 28, 2018 to 2:00 p.m. on July 26, 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: June 6, 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: June 6, 2018
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By:

/s/ David J. Dow
David J. Dow
(as authorized on 6/6/18)
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:
1.

Plaintiff’s Motion to Remand Hearing currently set for 2:00 p.m. on June 28, 2018 is

continued to 2:00 p.m. on July 26, 2018;
2.

Defendant’s Motion to Stay Hearing currently set for 2:00 p.m. on June 28, 2018 is

continued to 2:00 p.m. on July 26, 2018;
3.

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: June 7, 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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