Pinto v. Squaw Valley Resort, LLC et al

Filing 19

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 5/23/2018 EXTENDING Time until 6/14/2018, for Squaw Valley Resort, LLC to file a responsive pleading to 13 First Amended Complaint. (York, M)

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DAVID YEREMIAN, CA Bar No. 226337
[e-mail]
ALVIN B. LINDSAY, CA Bar No. 220236
[e-mail]
DAVID YEREMIAN & ASSOCIATES, INC.
535 N. Brand Blvd., Suite 705
Glendale, California 91203
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff JOAO GABRIEL PINTO
and all others similarly situated
LORI A. BOWMAN, CA Bar No. 114664
[e-mail]
ALEXANDER M. CHEMERS, CA Bar No. 263726
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone:
213.239.9800
Facsimile:
213.239.9045
KELSEY A. WEBBER, CA Bar No. 303721
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Esquire Plaza
1215 K Street 17th Floor
Sacramento, CA 95814
Telephone:
916.840.3150
Facsimile:
916.840.3159
Attorneys for Defendant
SQUAW VALLEY RESORT, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOAO GABRIEL PINTO , an individual, on
behalf of himself and all others similarly
situated,

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Plaintiff,
vs.
SQUAW VALLEY RESORT, LLC, a Delaware
corporation; and DOES 1 through 50, inclusive,
Defendants.

Case No. 2:17-cv-02281-MCE-CKD
JOINT STIPULATION TO EXTEND TIME
TO RESPOND TO FIRST AMENDED
COMPLAINT AND ORDER
Action Filed:
Removed:
Trial Date:

September 26, 2017
October 30, 2017
None

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STIPULATION AND [PROPOSED] ORDER EXTENDING RESPONSE DEADLINE

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Plaintiff Joao Gabriel Pinto (“Plaintiff”) and defendant Squaw Valley Resort, LLC (“Squaw

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Valley”) (together, the “Parties”), by and through their undersigned counsel of record, hereby

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stipulate as follows:

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WHEREAS, Plaintiff filed this action against defendant Squaw Valley and defendant KSL

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Resorts on September 26, 2017 alleging the following eight causes of action as class-wide claims:

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(1) Failure to Pay Minimum Wages; (2) Failure to Pay Wages and Overtime Under Labor Code §

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510; (3) Meal-Period Liability Under Labor Code § 226.7; (4) Rest-Break Liability Under Labor

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Code § 226.7; (5) Violation of Labor Code § 2802; (6) Violation of Labor Code § 226(a); (7)

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Waiting Time Penalties under Labor Code § 203; and (8) Violation of Business and Professions

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Code § 17200 et seq.;

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WHEREAS, Plaintiff filed a First Amended Class Action Complaint (the “FAC”) on

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January 23, 2018 by adding a claim under the Private Attorneys General Act, amending his

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Complaint to adapt it to a federal forum, and dismissing KSL Resorts;

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WHEREAS, Squaw Valley’s current deadline to respond to the FAC is May 24, 2018;

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WHEREAS, Squaw Valley contends that Plaintiff entered into an arbitration agreement that

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precludes him from pursuing claims in this forum;

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WHEREAS, the Parties had been waiting for the Unites States Supreme Court to issue its

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ruling in Epic Systems Corp. v. Lewis, United States Supreme Court Docket No. 16-285 (“Epic”),

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which addresses the enforceability of a class-action waiver;

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WHEREAS, the Epic decision was finally issued yesterday, May 21, 2018;

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WHEREAS, while the Epic decision may obviate the need for Squaw Valley to bring a

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motion to compel arbitration, the Parties need a short period of time to analyze the Epic decision

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and to meet and confer;

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WHEREAS, a short continuance of Squaw Valley’s response deadline would permit the

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parties to exhaust their meet-and-confer efforts prior to engaging in motion practice.

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///

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STIPULATION AND ORDER EXTENDING RESPONSE DEADLINE

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THEREFORE, the Parties stipulate and request that Squaw Valley’s deadline to respond to
the FAC be extended by twenty-one (21) days, from May 24, 2018, until June 14, 2018.

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IT IS SO STIPULATED.

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Respectfully submitted,

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DATED: May 22, 2018

DAVID YEREMIAN & ASSOCIATES, INC.

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By: /s/ Alvin B. Lindsay (as authorized on
5/22/18
David Yeremian
Alvin B. Lindsay

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Attorneys for Plaintiff
JOAO GABRIEL PINTO

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DATED: May 22, 2018

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By:

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/s/ Alexander M. Chemers
Lori A. Bowman
Alexander M. Chemers
Kelsey A. Webber

Attorneys for Defendant
SQUAW VALLEY RESORT, LLC

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STIPULATION AND ORDER EXTENDING RESPONSE DEADLINE

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ORDER
The Court, having reviewed the Stipulation of the Parties and finding good cause, hereby

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ORDERS that the deadline for defendant Squaw Valley Resort, LLC file a responsive pleading to

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Plaintiff’s First Amended Complaint is hereby extended by twenty-one (21) days, from May 24,

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2018, until June 14, 2018.

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IT IS SO ORDERED.
Dated: May 23, 2018

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STIPULATION AND ORDER EXTENDING RESPONSE DEADLINE