Kimble v. Rhodes College Inc et al

Filing 50

STIPULATION AND ORDER RESETTING CMC re 49 Stipulation filed by Jacquel Kimble Case Management Conference set for 4/27/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 10/11/11. (bpf, COURT STAFF) (Filed on 10/11/2011)

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STANLEY • IOLA, LLP
MATTHEW J. ZEVIN, SBN: 170736
525 B Street, Suite 760
San Diego, CA 92101
Telephone:
[phone]
Facsimile:
[phone]
e-mail:
[e-mail]
Attorneys for Plaintiff, Jacquel Kimble
KEESAL, YOUNG & LOGAN
BEN SUTER, SBN: 107680
JAMES F. ALEXANDER, SBN: 258111
450 Pacific Avenue
San Francisco, CA 94133
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants Rhodes Colleges, Inc.,
Rhodes Business Group, Inc., and Corinthian
Colleges, Inc.

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JACQUEL KIMBLE, individually and on
behalf of all others similarly situated,
Plaintiff,

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v.

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RHODES COLLEGE, INC., d/b/a EVEREST
COLLEGE; RHODES BUSINESS GROUP,
INC., d/b/a EVEREST COLLEGE; and
CORINTHIAN COLLEGES, INC.,

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Defendants

Case No. C10-05786 EMC
JOINT STIPULATION SEEKING
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE AND
FILING OF JOINT CASE
MANAGEMENT CONFERENCE
STATEMENT; [PROPOSED] ORDER
THEREON
DATE:
TIME:
JUDGE:
CTRM:

October 25, 2011
2:30 p.m.
Honorable Edward M. Chen
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JT STIP SEEKING CONT OF CMC AND FILING OF JOINT CMC; Case No. C10-05786 EMC

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Pursuant to Civil Local Rules 6-1(b) and 6-2, it is hereby stipulated by and between

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Plaintiff Jacquel Kimble (“Plaintiff”) and Defendants Rhodes Colleges, Inc., Rhodes Business

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Group, Inc., and Corinthian Colleges, Inc. (collectively “the School”), through their respective

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counsel, as follows:

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WHEREAS, the Court on June 2, 2011 issued an Order Granting Defendants’ Motion to

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Compel Arbitration (DKT No. 43) in which the Court determined that “the issue of arbitrability in

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this case is one for the arbitrator, and not the Court to decide” and further stayed this case pending

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arbitration; and

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WHEREAS, the Court Clerk on June 2, 2011 issued a Notice (DKT No. 44) advising the

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parties that a Case Management Conference was set for October 21, 2011 and that a joint CMC

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statement was required to be filed by October 14, 2011; and

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WHEREAS, the Court Clerk on October 11, 2011 issued a Notice (DKT No. 48) advising

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the parties that the Case Management Conference has been specially reset for October 25, 2011

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and that the joint CMC statement is now required to be filed by October 18, 2011; and

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WHEREAS, Plaintiff has not yet filed an action in arbitration but presently intends to do so
in the near future; and
WHEREAS, the parties have met and conferred and agreed that they have nothing further
to report to the Court; and
WHEREAS, the parties seek to promote judicial efficiency and avoid any potential for
unnecessary or duplicative effort on the part of the Court or the parties; and
WHEREAS, pursuant to Civil Local Rule 6-1(b), an order of the Court is required to give
effect to this stipulation;

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1
JT STIP SEEKING CONT OF CMC AND FILING OF JOINT CMC; Case No. C10-05786 EMC

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NOW THEREFORE, the parties jointly request that the Court continue the Case

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Management Conference and deadline for filing a joint CMC statement by at least 180 days and to

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such date that is convenient for the Court.

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SO STIPULATED.

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DATED: October 11, 2011

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/s/ Matthew J. Zevin
MATTHEW J. ZEVIN

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525 B Street, Suite 760
San Diego, CA 92101
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff, Jacquel Kimble

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DATED: October 11, 2011

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/s/ signed per email authority received on
October 11, 2011
______________________________
JAMES F. ALEXANDER

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450 Pacific Avenue
San Francisco, CA 94133
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants Rhodes Colleges, Inc.,
Rhodes Business Group, Inc., and Corinthian
Colleges, Inc.

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R NIA

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D
__________________________________
RDERE
HONORABLESEDWARD M.D
I SO O FIE CHEN
IT
DI
UNITED STATES DISTRICT JUDGE
AS MO
NO

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warCase No. C10-05786 EMC
JT STIP SEEKING CONT OF CMC AND FILING OF JOINT e Ed
Judg CMC;

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10/11/11
DATED: ______________________

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S DISTRICT
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The CMC is reset from 10/25/11 to 4/27/12. A joint CMC
statement shall be filed by 4/20/12.
The Court will set a new date for a Case Management Conference in due course.

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IT IS SO ORDERED.

S

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KEESAL, YOUNG & LOGAN
BEN SUTER
JAMES F. ALEXANDER

UNIT
ED

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STANLEY • IOLA, LLP
MATTHEW J. ZEVIN

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PROOF OF SERVICE
Jacquel Kimble v. Rhodes College, Inc., et al.
CASE NO.: C10-05786 EMC

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I, the undersigned, declare under penalty of perjury that I am over the age of eighteen
years and not a party to this action. I am employed in the County of San Diego, State of
California. My business address is: 525 B Street, Suite 760, San Diego, CA 92101.
That on October 11, 2011, I served the following document(s) entitled: JOINT
STIPULATION SEEKING CONTINUANCE OF CASE MANAGEMENT CONFERENCE
AND FILING OF JOINT CASE MANAGEMENT CONFERENCE STATEMENT;
[PROPOSED] ORDER THEREON on ALL INTERESTED PARTIES in this action:
Julie E. Johnson
Law Office of Julie Johnson PLLC
7557 Rambler Road, Suite 950
Dallas, TX 75231

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

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
□

Marc R. Stanley
Stanley Iola LLP
3100 Monticello Avenue, Suite 750
Dallas, TX 75205

BY MAIL: By placing a true copy thereof in a sealed envelope addressed as above, and
placing it for collection and mailing following ordinary business practices. I am readily
familiar with the firm’s practice of collection and processing correspondence, pleadings,
and other matters for mailing with the United States Postal Service. The correspondence,
pleadings and other matters are deposited with the United States Postal Service with
postage thereon fully prepaid in San Diego, California, on the same day in the ordinary
course of business. I am aware that on motion of the party served, service is presumed
invalid if the postal cancellation date or postage meter date is more than one day after date
of deposit for mailing in affidavit.
BY CM/ECF Electronic Service: I caused such document to be served via the Court’s
(NEF) electronic filing system on all registered parties.
BY PERSONAL SERVICE: I had such envelope delivered by hand where indicated.

I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on October 11, 2011, at San Diego, California.
/s/ Matthew J. Zevin
MATTHEW J. ZEVIN

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JT STIP SEEKING CONT OF CMC AND FILING OF JOINT CMC; Case No. C10-05786 EMC