Robles v. Lucky Brand Dungarees, Inc.

Filing 71

ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued from February 10, 2012 to March 23, 2012 at 10:30 a.m. Signed by Judge Maxine M. Chesney on February 3, 2012. (mmclc1, COURT STAFF) (Filed on 2/3/2012)

1 SEAN REIS (SBN 184004)
[e-mail]

2 EDELSON MCGUIRE LLP
30021 Tomas Street, Suite 300

3 Rancho Santa Margarita, CA 92688
4 Telephone: [phone]
Facsimile: [phone]

5
RYAN D. ANDREWS (Pro Hac Vice)

6 [e-mail]

EDELSON MCGUIRE, LLC

7 350 North LaSalle, Suite 1300
8 Chicago, IL 60654
Telephone: [phone]
9 Facsimile: [phone]

10 ATTORNEYS FOR PLAINTIFF
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

14 JUVENAL ROBLES and ABEL FIGUEROA,
individually and on behalf of a class of
15 similarly situated individuals,
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Plaintiffs,
v.

18 LUCKY BRAND DUNGAREES, INC., a
19 Delaware corporation, KIRSHENBAUM
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BOND SENECAL & PARTNERS LLC f/k/a
KIRSHENBAUM BOND & PARTNERS
LLC, a Delaware limited liability company,
d/b/a Lime Public Relations + Promotion, and
KIRSHENBAUM BOND & PARTNERS
WEST LLC, a Delaware limited liability
company,

Case No. 10-cv-04846 MMC
STIPULATION AND [PROPOSED]
ORDER CONTINUING THE CASE
MANAGEMENT CONFERENCE
Date:
Time:
Courtroom:

February 10, 2012
10:30 a.m.
7, 19th Floor

The Honorable Maxine M. Chesney

Defendants.

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STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

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Plaintiffs Juvenal Robles and Abel Figueroa (collectively “Plaintiffs”), defendant Lucky

2 Brand Dungarees, Inc. (“Lucky”), defendants Kirshenbaum Bond Senecal & Partners LLC, f/k/a
3 Kirshenbaum Bond & Partners LLC, d/b/a Lime Public Relations + Promotion and Kirshenbaum
4 Bond & Partners West LLC (collectively “Lime”), third-party defendant Merkle, Inc. (“Merkle”),
5 and fourth-party defendant RGAR Holdings, LLC f/k/a Take 5 Solutions, LLC (“RGAR”) (together
6 the “Parties”), by and through their counsel, stipulate:
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1.

Plaintiff Robles filed his Class Action Complaint on October 26, 2010, alleging

8 defendant Lucky violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, by sending an
9 allegedly unsolicited text message to plaintiff's cellular telephone in the summer of 2008. (Dkt. 1.)
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2.

Lucky answered the complaint, alleging, among other things, various defenses that

11 included issues involving consent, authorization, and other elements of plaintiff’s statutory claim.
12 (Dkt. 15.)
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3.

On January 21, 2011, Judge Fogel held an initial case scheduling conference and

14 ordered the parties to participate in a settlement conference before Magistrate Judge Lloyd and to
15 return and report on the result of that conference. (Dkt. 18.)
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4.

Plaintiff Robles and defendant Lucky participated in a settlement conference before

17 Judge Lloyd on April 29, 2011. Lime, Merkle and RGAR, who were all third parties at the time,
18 also participated in the settlement conference. At the settlement conference, plaintiff Robles,
19 defendant Lucky, the third parties, and insurers candidly discussed their various positions about the
20 litigation and settlement. During these discussions, it was determined that limited focused
21 discovery or information was required to continue productive discussions toward resolution. Upon
22 the recommendation of Judge Lloyd, plaintiff Robles, defendant Lucky, the third parties, and
23 insurers agreed to return for a further settlement conference. (See Dkt. 32.)
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5.

Prior to the further settlement conference, plaintiff Robles filed an Amended

25 Complaint. (Dkt. 39.) The Amended Complaint alleges a single claim for violation of the TCPA,
26 under the same general allegations stated in the original complaint, on behalf of both Juvenal
27 Robles and Abel Figueroa. The Amended Complaint also adds Lime as a named defendant.
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-1STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

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6.

Lime and Lucky answered the Amended Complaint. (Dkts. 45 & 48.) Lime also

2 filed a Third-Party Complaint against Merkle. (Dkt. 44). Merkle answered the third-party
3 complaint and filed a fourth-party complaint against RGAR. (Dkts. 64 & 66.)
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7.

The Parties participated in a further settlement conference before Judge Lloyd on

5 September 21, 2011. The Parties were able to advance their settlement discussion during the second
6 settlement conference, but did not reach a final agreement. The Parties agreed to continue those
7 discussions in the context of a full days mediation and, in the interim, to limit activity in the case to
8 only discovery necessary to complete mediation. The Parties thereafter scheduled a full day
9 mediation before the Honorable Nicholas H. Politan (Ret.) in West Palm Beach, Florida and set the
10 mediation for December 8, 2011.
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8.

On September 27, 2011, this matter was reassigned to this Court. (Dkt. 60.) By

12 order dated September 30, 2011, the Court set a Case Management Conference for January 20,
13 2012.
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9.

Due to medical concerns involving a member of his family, Judge Politan was forced

15 to cancel the December 8th mediation, which was reset for January 26, 2012.
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10.

Because of the rescheduled mediation, the Parties jointly requested that this Court

17 reschedule the January 20, 2012 Case Management Conference to February 10, 2012 so that the
18 mediation could be completed.
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11.

On January 26, 2012, the Parties participated in a full day mediation with Judge

20 Politan where the terms of a global settlement were negotiated. At the conclusion of the mediation,
21 and at the recommendation of Judge Politan, the Parties agreed to continue their negotiations with
22 the assistance of the Judge for an additional thirty (30) days. The Parties therefore request one final
23 continuance of the Case Management Conference, until March 23, 2012, or a date thereafter
24 convenient to the Court.
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-2STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

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IT IS SO STIPULATED.

2 Dated: February 2, 2012
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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By

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Dated: February 2, 2012
EDELSON MCGUIRE LLC

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By

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/s/ Brian R. Blackman
CRAIG CARDON
BRIAN R. BLACKMAN
Attorneys for
Defendant LUCKY BRAND DUNGAREES, INC.

/s/ Ryan D. Andrews
RYAN D. ANDREWS
SEAN REIS
Attorneys for
Plaintiffs JUVENAL ROBLES and ABEL FIGUEROA

Dated: February 2, 2012

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WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP

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By

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20 Dated: February 2, 2012
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/s/ Sara J. Savage
DAVID SHEIFFER
SARA J. SAVAGE
Attorneys for
Defendants KIRSHENBAUM BOND SENECAL &
PARTNERS LLC and KIRSHENBAUM BOND &
PARTNERS WEST LLC

LATHAM & WATKINS LLP

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By

/s/ Peter Winik
PETER WINIK
MATTHEW RAWLINSON
SARAH GRAGERT
Attorneys for
Third-Party Defendant MERKLE, INC.

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STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

1 Dated: February 2, 2012
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MCDERMOTT WILL & EMERY, LLP

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By

/s/ Daniel E. Alberti
DANIEL E. ALBERTI
Attorney for
Fourth-Party Defendant RGAR HOLDINGS, LLC

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-4STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

CERTIFICATION

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I, Ryan D. Andrews, am the ECF User whose identification and password are being used to

3 file this Subsequent Case Management Statement; Stipulation And [Proposed] Order Continuing
4 The Case Management Conference. In compliance with General Order 45.X.B., I hereby attest that
5 the Counsel whose electronic signatures appear on this document have concurred in this filing.
6 Dated: February 12, 2012
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EDELSON MCGUIRE LLC

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By

/s/ Ryan D. Andrews
RYAN D. ANDREWS
Attorneys for
Plaintiffs JUVENAL ROBLES and ABEL FIGUEROA

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-1STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

ORDER

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Having considered the parties’ stipulation and good cause appearing, the Court continues the

3 February 10, 2012 Case Scheduling Conference to March 23, 2012 at 10:30 AM in Courtroom 7,
4 19th Floor.
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IT IS SO ORDERED.

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6 Dated: February ___, 2012

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______________________________
The Honorable Maxine M. Chesney
United States District Judge

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STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE