Lemus v. H&R Block Tax and Business Services, Inc. et al

Filing 96

ORDER continuing motion (tf, COURT STAFF) (Filed on 6/30/2011)

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REBECCA EISEN, SBN 096129
THERESA MAK, SBN 211435
STEPHEN L. TAEUSCH, SBN 247708
MORGAN, LEWIS & BOCKIUS, LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Telephone: [phone]
Facsimile:
415.442.1001
[e-mail]
[e-mail]
[e-mail]

ANDREW PALEY, SBN 149699
SHERYL L. SKIBBE, SBN 199441
SEYFARTH SHAW LLP
2029 Century Park East, Suite 3500
Los Angeles, CA 90067
Telephone: [phone]
Facsimile:
310.201.5219
[e-mail]
[e-mail]

CARRIE A. GONELL, State Bar No. 257163
MORGAN, LEWIS & BOCKIUS, LLP
5 Park Plaza, Suite 1750
Irvine, CA 92614
Telephone: [phone]
Facsimile:
949.399.7001
[e-mail]

ANDREW MCNAUGHT SBN 209093
SEYFARTH SHAW LLP
560 Mission Street, Suite 3100
San Francisco, CA 94105
Telephone: [phone]
Facsimile:
415.397.8549
[e-mail]

Attorneys for Defendant
H&R BLOCK ENTERPRISES LLC
(fka H&R Block Enterprises, Inc.)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ARABELLA LEMUS, MALVIN A. AYALA, )
as individuals and on behalf of all others
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similarly situated,
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Plaintiffs,
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v.
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H&R BLOCK ENTERPRISES LLC (fka H&R )
BLOCK ENTERPRISES, INC., a Missouri
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corporation; and DOES 1 through 50, inclusive, )
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Defendants.
)
)
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Case No. CV-09-03179 SI
The Honorable Susan Illston
STIPULATION AND [PROPOSED]
ORDER FOR CONTINUANCE
OF HEARING ON CROSS-MOTIONS
FOR SUMMARY JUDGMENT/
ADJUDICATION

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Plaintiffs Arabella Lemus and Malvin A. Ayala (“Plaintiffs”) and Defendant H&R Block

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Enterprises LLC (“HRB”) (collectively the “Parties”), through their respective counsel of record,

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hereby stipulate and seek an order that the hearing on the Parties’ Cross-Motions for Summary

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Judgment/ Adjudication (the “Cross-Motions”), which is currently scheduled for July 8, 2011 at

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9:00 a.m., be continued to August 26, 2011 at 9:00 a.m.

M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
PHILADELPHIA

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STIPULATION AND PROPOSED ORDER
FOR CONTINUANCE OF MSJ HEARING
(CASE NO. CV-09-03179 SI)

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WHEREAS, the Parties attended a mediation session with Hunter R. Hughes on May 24,

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2011. The mediation was unsuccessful, and the Parties determined that a second scheduled

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mediation session with Mr. Hughes, originally set for June 27, 2011, would not likely result in

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progress toward a resolution of this matter. The Parties subsequently agreed, however, to a

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second mediation with Antonio Piazza, of Gregorio, Haldeman, Piazza & Rotman. Given the

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schedules of counsel, the Parties, and Mr. Piazza, the Parties will not be able to hold the second

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mediation session until July 20, 2011. In order to allow the Parties to focus their efforts on

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resolving this matter, the Parties agree it is in their best interests to delay the hearing on the

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Cross-Motions until a date after the second mediation. Counsel for HRB was informed by the

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Court’s Clerk of available hearing dates in August 2011, and the Parties are available for the

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hearing on August 26, 2011.

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NOW THEREFORE, The Parties therefore respectfully request that the Court continue

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the hearing on the Cross-Motions to August 26, 2011 at 9:00 a.m.

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Dated: June 29, 2011

MARLIN & SALTZMAN, LLP

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By: /s/Louis M. Marlin
Louis M. Marlin
Attorneys for Plaintiffs and the Class

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MORGAN, LEWIS & BOCKIUS, LLP

Dated: June 29, 2011

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By: /s/Rebecca D. Eisen
Rebecca D. Eisen
Attorneys for Defendant
H&R BLOCK ENTERPRISES LLC
(fka H&R Block Enterprises, Inc.)

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IT IS SO ORDERED.

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6/30/11
Dated: __________________________

_________________________________
Honorable Susan Illston
United States District Judge

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
PHILADELPHIA

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STIPULATION AND PROPOSED ORDER
FOR CONTINUANCE OF MSJ HEARING
(CASE NO. CV-09-03179 SI)

ECF ATTESTATION

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I, Stephen L. Taeusch, am the ECF User whose ID and Password are being used to file

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this STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF HEARING ON

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CROSS-MOTIONS FOR SUMMARY JUDGMENT/ADJUDICATION. In compliance with

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General Order 45 X.B, I hereby attest that Louis M. Marlin and Rebecca D. Eisen have concurred

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in this filing.

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Dated: June 29, 2011

MORGAN, LEWIS & BOCKIUS LLP

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By /s/ Stephen L. Taeusch
Stephen L. Taeusch
Attorneys for Defendant
H&R BLOCK ENTERPRISES LLC

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
PHILADELPHIA

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STIPULATION AND PROPOSED ORDER
FOR CONTINUANCE OF MSJ HEARING
(CASE NO. CV-09-03179 SI)