Sheets v. Lippert Components, Inc. et al

Filing 36

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 4/26/21 CONTINUING Status (Pretrial Scheduling) Conference to 7/8/2021 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Kaminski, H)

1 BARNES & THORNBURG LLP
ERIC S. FISHER (SBN 240545)
2 [e-mail]
2029 Century Park East, Suite 300
3 Los Angeles, California 90067
Telephone: [phone]
4 Facsimile: [phone]
5 HALEY & BILHEIMER
JOHN G. BILHEIMER (SBN 154580)
6 [e-mail]
505 Coyote St, Suite A
7 Nevada City, California 95959
Telephone: [phone]
8 Facsimile: [phone]
9 Attorneys for Defendant
Lippert Components, Inc.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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15 KRISTIE SHEETS, individually and on behalf
of all others similarly situated,
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Plaintiff,
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v.
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LIPPERT COMPONENTS, INC., A Delaware
19 Corporation; FOREST RIVER, INC., an
Indiana Corporation; and DOES 1-10,
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Defendants.
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Case No. 2:20-cv-01683-KJM-JDP
STIPULATION AND ORDER
CONTINUING STATUS CONFERENCE
Complaint Filed: July 10, 2020
Action Removed: August 21, 2020

WHEREAS, Kristie Sheets (“Plaintiff”) originally filed this action against Defendants

23 Lippert Components, Inc. (“Lippert”), Forest River, Inc. (“Forest River”), and Timothy DeMartini,
24 individually and doing business as DeMartini RV Sales (“DeMartini”) in Nevada County Superior
25 Court on July 10, 2020, which was timely removed to this Court on August 21, 2020. See Dkt. 1.
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WHEREAS, shortly after removal, the Court set a Status (Pretrial Scheduling) Conference

27 (see Dkt. 2), which was scheduled for February 25, 2021 at 2:30 p.m. before Chief District Judge
28 Mueller in Courtroom Three. See Dkt. 30.
-1STIPULATION AND ORDER CONTINUING STATUS CONFERENCE

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WHEREAS, following removal and on the responsive pleading deadline, Plaintiff filed a

2 first amended complaint (“FAC”) asserting claims against Lippert and Forest River on September
3 25, 2019, and filed a voluntary dismissal without prejudice as to DeMartini. See Dkts. 8, 9.
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WHEREAS, in response to Plaintiff’s FAC, Forest River and Lippert, separately, each filed

5 a motion to compel arbitration or, in the alternative to dismiss for failure to state a claim and to
6 strike nationwide class allegations (together, the “Motions”). See Dkts. 15, 16.
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WHEREAS, the briefing on the aforementioned motions has closed, and the Court, on its

8 own motion and pursuant to Local Rule 230(g), vacated the December 11, 2020 hearing on the
9 Motions and deemed them submitted without oral argument. See Dkt. 28.
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WHEREAS, the parties are awaiting a ruling on the Motions.

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WHEREAS, the parties agree that the scope and nature of the issues that will need be

12 addressed in their Rule 26(f) conference and set forth in their Joint Status Report to the Court
13 (including, in particular, their discovery plan and proposed scheduling order), as well as the parties'
14 respective Initial Disclosures obligations, will largely depend on the Court's ruling on the Motions.
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WHEREAS, in order to conserve the resources of the Court and the parties while awaiting a

16 ruling on the Motions, the parties previously stipulated to, and this Court entered, an order granting
17 a continuance of the April 8, 2021 Status (Pretrial Scheduling) Conference to May 20, 2021. See
18 Dkts. 33.
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WHEREAS, the parties agree to jointly request a further continuance of the Status (Pretrial

20 Scheduling) Conference in order to conserve the resources of the Court and the parties until such
21 time as they have a ruling on the Motions.
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NOW, THEREFORE, by and through their respective counsel of record, the parties hereby

23 stipulate and agree as follows:
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To conserve judicial resources and the resources of the parties while awaiting a ruling on the

25 Motions, the Status Conference shall be continued, from Thursday, May 20, 2021 at 2:30 p.m. to
26 Friday, June 18, 2021 at 10:00 a.m., or a date thereafter convenient for the Court's calendar.
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IT IS SO STIPULATED.

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-2STIPULATION AND ORDER CONTINUING STATUS CONFERENCE

1 DATED: April 21, 2021

BARNES & THORNBURG LLP

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By: /s/ Eric Fisher
ERIC FISHER
Attorney for Defendant Lippert Components, Inc.

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6 DATED: April 21, 2021
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HANSON BRIDGETT LLP
By: /s/ Matthew J. Peck (as authorized on 4/21/2021)
LAWRENCE M. CIRELLI
SHANNON M. NESSIER
MATTHEW J. PECK
Attorneys for Forest River, Inc.

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DATED: April 21, 2021

MCCUNE WRIGHT AREVALO LLP
By: /s/ David Wright (as authorized on 4/21/2021)
DAVID C. WRIGHT
Attorney for Plaintiff and Proposed Class Counsel

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ATTESTATION

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All signatories listed, and on whose behalf this filing is submitted, concur in the filing’s

20 content and have authorized the filing.
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/s/ Eric S. Fisher

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STIPULATION AND ORDER CONTINUING STATUS CONFERENCE

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ORDER
The Court, having reviewed the above stipulation of the parties requesting a continuance of

3 the scheduled status conference, hereby adopts the stipulation and orders as follows:
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1.

The Status (Pretrial Scheduling) Conference, currently scheduled for Thursday,

5 May 20, 2021 at 2:30 p.m. before Judge Mueller in Courtroom Three is continued until July 8, 2021
6 at 2:30 p.m.
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IT IS SO ORDERED.

9 DATED: April 26, 2021.
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