Rose et al v. Cemex Construction Materials Pacific, LLC

Filing 18

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/14/2023 CONTINUING the consolidated hearing for 6 Motion to Dismiss and 12 Motion to Remand Hearing and the Scheduling Conference. Motion Hearing set for 1/22/2024 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Initial Scheduling Conference set for 3/25/2024 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Clemente Licea, O)

1 HANSON BRIDGETT LLP
DOROTHY S. LIU, SBN 196369
2 [e-mail]
KENDALL C. FISHER-WU, SBN 322155
3 [e-mail]
425 Market Street, 26th Floor
4 San Francisco, California 94105
Telephone:
[phone]
5 Facsimile:
[phone]
6 Attorneys for Defendant
CEMEX CONSTRUCTION MATERIALS
7 PACIFIC, LLC
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

11
12 ROBERT ROSE and PAUL SIMI, on behalf
of themselves and those similarly situated,
13
Plaintiffs,
14
v.
15
CEMEX CONSTRUCTION MATERIALS
16 PACIFIC, LLC, and DOES 1 through 50,
17

Defendants.

18
19

Case No. 2:23-cv-01979-WBS-AC
(Sacramento Cty. Sup. Case No. 23CV004244)
JOINT STIPULATION AND ORDER TO
CONTINUE HEARING DATE ON (1)
PLAINTIFFS' MOTION TO REMAND; (2)
DEFENDANT’S MOTION TO DISMISS;
AND (3) SCHEDULING CONFERENCE
Judge:
Date:
Time:
Crtrm.:

William B. Shubb
January 22, 2024
1:30 p.m.
5, 14th Floor

Action Filed:
Action Removed:

July 6, 2023
September 13, 2023

20
21
22
23
24
25
26
27
28
20109666.1

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON (1) PLAINTIFFS'
MOTION TO REMAND; (2) DEFENDANT’S MOTION TO DISMISS; AND (3) SCHEDULING CONFERENCE

1

IT IS HERE BY STIPULATED AND AGREED by and between Defendant CEMEX

2 CONSTRUCTION MATERIALS PACIFIC, INC. (“Defendant”) and Plaintiffs ROBERT ROSE
3 and PAUL SIMI (“Plaintiffs”) (collectively, the “Parties”) by and through their respective attorneys
4 of record, to continue the consolidated hearing date on Plaintiff’s Motion to Remand and
5 Defendant’s Motion to Dismiss, from December 11, 2023 at 1:30 PM to January 22, 2024 at 1:30
6 PM in Department 5 of the above-entitled Court, on the basis of the following, which establishes
7 good cause for a continuance:
8

(1)

Defense counsel originally scheduled October 30, 2023 for hearing on Defendant’s

9 Motion to Dismiss. In the meanwhile, Plaintiff’s counsel scheduled their hearing on Plaintiff’s
10 Motion to Remand for December 11, 2023.
11

(2)

On October 16, 2023, this Court consolidated both hearing dates and re-set

12 Defendant’s Motion to Dismiss for December 11, 2023 [Dkt. 13].
13

(3)

Defense counsel began trial on November 8, 2023 in another matter in Riverside

14 County Superior Court (Armstrong v. Life Care Centers of America, Inc., Case No. RIC1902845),
15 with trial scheduled to last through at least December 15, 2023, and possibly into the week of
16 December 18 - 22, 2023. The parties have met and conferred regarding the conflict that has arisen
17 and agreed to continue the consolidated hearings currently set for December 11, 2023 in this matter.
18

Based on the above, the Parties stipulate that the hearings set for Plaintiff’s Motion to

19 Remand and Defendant’s Motion to Dismiss be continued from December 11, 2023 at 1:30 PM to
20 January 22, 2024 at 1:30 PM or as soon thereafter as the Court may hear it; and that the Scheduling
21 Conference set for January 29, 2024 at 1:30 PM is continued to March 25, 2024 at 1:30 PM, or as
22 soon thereafter as possible subject to the Court’s availability.
23

SO STIPULATED AND AGREED.

24 ///
25 ///
26 ///
27 ///
28

///
20109666.1

-1-

JOINT STIPULATION AND ORDER TO CONTINUE HEARING DATE ON (1) PLAINTIFFS' MOTION TO
REMAND; (2) DEFENDANT’S MOTION TO DISMISS; AND (3) SCHEDULING CONFERENCE

1
2

SIGNATURE CERTIFICATION
It is attested that all signatories listed below and on whose behalf this filing is submitted

3 concur in the filing’s content and have authorized this filing, including the use of /s/ electronic
4

signatures.

5
6 DATED: November 14, 2023

HANSON BRIDGETT LLP

7
8

By:

/s/ Kendall C. Fisher-Wu
DOROTHY S. LIU
KENDALL C. FISHER-WU
Attorneys for Defendant
CEMEX CONSTRUCTION MATERIALS
PACIFIC, LLC

9
10
11
12

DATED: November 14, 2023

BEESON, TAYER & BODINE, APC

13
14
By:

15

/s/ Sarah Kanbar
COSTA KERESTENZIS
SARAH KANBAR
Attorneys for Plaintiffs
ROBERT ROSE And PAUL SIMI

16
17
18
19
20
21
22
23
24
25
26
27
28
20109666.1

-2-

JOINT STIPULATION AND ORDER TO CONTINUE HEARING DATE ON (1) PLAINTIFFS' MOTION TO
REMAND; (2) DEFENDANT’S MOTION TO DISMISS; AND (3) SCHEDULING CONFERENCE

1
2

ORDER
Based on the foregoing Stipulation, the Court finds good cause exists for a continuance of the

3 consolidated hearing on Plaintiff’s Motion to Remand and Defendant’s Motion to Dismiss, and
4 ORDERS as follows:
5

1.

The consolidated hearing on Plaintiff’s Motion to Remand and Defendant’s Motion to

6 Dismiss and all related deadlines shall be continued from December 11, 2023 at 1:30 PM to
7 January 22, 2024, at 1:30 PM, or as soon thereafter as the Court may hear it.
8

2.

The Scheduling Conference set for January 29, 2024 at 1:30 PM is continued to

9 March 25, 2024 at 1:30 PM.
10

IT IS SO ORDERED:

11 Dated: November 14, 2023
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
20109666.1

-3-

JOINT STIPULATION AND ORDER TO CONTINUE HEARING DATE ON (1) PLAINTIFFS' MOTION TO
REMAND; (2) DEFENDANT’S MOTION TO DISMISS; AND (3) SCHEDULING CONFERENCE