Pinto v. Squaw Valley Resort, LLC et al
Filing
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ORDER signed by District Judge Morrison C. England, Jr. on 6/18/2018 ORDERING that the deadline for Squaw Valley Resort, LLC file a responsive pleading to the first amended complaint is hereby EXTENDED to 6/28/2018. (Reader, L)
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DAVID YEREMIAN, CA Bar No. 226337
david@yeremianlaw.com
ALVIN B. LINDSAY, CA Bar No. 220236
alvin@yeremianlaw.com
DAVID YEREMIAN & ASSOCIATES, INC.
535 N. Brand Blvd., Suite 705
Glendale, California 91203
Telephone:
(818) 230-8380
Facsimile:
(818) 230-0308
Attorneys for Plaintiff JOAO GABRIEL PINTO
and all others similarly situated
LORI A. BOWMAN, CA Bar No. 114664
lori.bowman@ogletree.com
ALEXANDER M. CHEMERS, CA Bar No. 263726
alexander.chemers@ogletree.com
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
kelsey.webber@ogletree.com
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 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, because Squaw Valley contends that Plaintiff’s claims are governed by an
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arbitration agreement, the Parties had deferred further activity pending the United States Supreme
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Court’s decision in Epic Systems Corp. v. Lewis, United States Supreme Court Docket No. 16-285
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(“Epic”), which addresses the enforceability of a class-action waiver;
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WHEREAS, the Epic Systems decision was issued on May 21, 2018;
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WHEREAS, following the issuance of Epic Systems, the Parties have been meeting and
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conferring regarding next steps, including whether the Parties can stipulate to arbitration or
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whether a motion to compel arbitration is necessary;
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WHEREAS, a short continuance of Squaw Valley’s response deadline would permit the
parties to exhaust their meet-and-confer efforts prior to engaging in motion practice; and
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WHEREAS, the Parties do not anticipate that any further continuances will be necessary.
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STIPULATION AND [PROPOSED] 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 fourteen (14) days, from June 14, 2018, until June 28, 2018.
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IT IS SO STIPULATED.
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Respectfully submitted,
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DATED: June 13, 2018
DAVID YEREMIAN & ASSOCIATES, INC.
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By: /s/ Alvin B. Lindsay (as authorized on
6/13/18
David Yeremian
Alvin B. Lindsay
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Attorneys for Plaintiff
JOAO GABRIEL PINTO
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DATED: June 13, 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 [PROPOSED] 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 June 14,
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2018, until June 28, 2018.
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IT IS SO ORDERED.
Dated: June 18, 2018
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STIPULATION AND [PROPOSED] ORDER EXTENDING RESPONSE DEADLINE
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