Kimble v. Rhodes College Inc et al

Filing 52

STIPULATION AND ORDER re 51 STIPULATION WITH PROPOSED ORDER RESETTING CMC filed by Jacquel Kimble. Case Management Statement due by 12/7/2012. Case Management Conference reset for 12/14/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/23/12. (bpfS, COURT STAFF) (Filed on 4/23/2012)

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2 3 STANLEY. lOLA, LLP MATTHEW J. ZEVIN, SBN: 170736 525 B Street, Suite 760 San Diego, CA 92 I 0 I Telephone: (619) 235-5306 4 Facsimile: (8 i 5) 377-8419 e-mail: mzevin@stanleyiola.com 5 6 Attorneys for Plaintiff, Jacquel Kimble 7 KEESAL, YOUNG & LOGAN BEN SUTER, SBN: 107680 8 JAMES F. ALEXANDER, SBN: 25811 i 450 Pacific Avenue 9 San Francisco, CA 94133 Telephone: (415) 398-6000 io Facsimile: (415) 981-0136 1 1 Attorneys for Defendants Rhodes Colleges, Inc., 12 Rhodes Business Group, Inc., and Corinthian Colleges, Inc. 13 14 IN THE UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 JACQUEL KIMBLE, individually and on 17 behalf of all others similarly situated, Plaintiff, 18 19 v. 20 RHODES COLLEGE, INC, d//a EVEREST COLLEGE; RHODES BUSINESS GROUP, 21 22 23 INC, d//a EVEREST COLLEGE; and CORINTHIAN COLLEGES, INC, Defendants Case No. C I 0-05786 EMC JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND STIPULATION SEEKING CONTINUANCE OF CASE MANAGEMENT CONFERENCE; (PROPOSED) ORDER THEREON DATE: TIME: JUDGE: CTRM: April 27, 2012 9:00 a.m. Honorable Edward M. Chen 5 24 25 26 27 28 JT STIP SEEKING CONT OF CMC AND FILING OF JOINT CMC; Case No. C 1 0-05786 EMC Pursuant to Civil Local Rules 6- i (b) and 6-2, it is hereby stipulated by and between 2 Plaintiff Jacquel Kimble ("Plaintiff') and Defendants Rhodes Colleges, Inc., Rhodes Business 3 Group, Inc., and Corinthian Colleges, Inc. (collectively "the School"), through their respective 4 counsel, as follows: 5 WHEREAS, the Court on June 2, 2011 issued an Order Granting the School's Motion to 6 Compel Arbitration (DKT No. 43) in which the Court determined that "the issue of arbitrability in 7 this case is one for the arbitrator, and not the Court to decide" and further stayed this case pending 8 arbitration; and 9 WHEREAS, the Court Clerk on June 2, 201 i issued a Notice (DKT No. 44) advising the 10 parties that a Case Management Conference was set for October 21, 20 i i ; and 11 WHEREAS, the Court Clerk on October 1 I, 2011 issued a Notice (DKT No. 48) advising 12 the parties that the Case Management Conference had been specially reset for October 25, 2011; 13 and 14 WHEREAS, on October 11,2011, the parties submitted ajoint report and stipulation (DKT 15 No. 49) in which they advised the Court that Plaintiff intended to file an action in arbitration in the 16 near future and requested that the Court continue the Case Management Confcrence; and 17 WHEREAS, on October 11, 2011, the Court issued an Order (DKT No. 50) resetting the 18 Case Management Conference to April 27, 2012; and 19 WHEREAS, Plaintiff still intends to file a claim in arbitration but is secking substitute 20 counsel to represent her in arbitration; and 21 WHEREAS, Plaintiffs counsel are trying to help Plaintiff find suitable replacement 22 counsel who will represent Plaintiff in arbitration; and 23 WHEREAS, the parties have met and conferred and agreed that they have nothing further 24 to report to the Court; and 25 WHEREAS, the parties seek to promote judicial effciency and avoid any potential for 26 unnecessary or duplicative effort on the part of the Court or the parties; and 27 WHEREAS, pursuant to Civil Local Rule 6-1 (b), an ordcr of the Court is required to give 28 effect to this stipulation; JT STIP SEEKING CONT OF CMC AND FILING OF JOINT CMC; Case No. C 1 0-05786 EMC R NIA D RDERE S SO O IED IT I DIF AS MO en FO RT H ER LI NO d M. Ch dwar Judge E A UNIT ED C TA RT U O S The CMC is reset for 12/14/12 at 9:00 a.m. A joint CMC Statement shall be filed by 12/7/12. S DISTRICT 4/23/12 TE C 1 PROOF OF SERVICE Jacquel Kimble v. Rhodes College, Inc., et al. CASE NO.: C10-05786 EMC 2 3 4 5 6 7 8 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 April 20, 2012, I served the following document(s) entitled: JOINT CASE MANAGEMENT STATEMENT AND STIPULATION SEEKING CONTINUANCE OF CASE MANAGEMENT CONFERENCE; [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 9 10 11 12 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. 13 14 15 16 17 18 □ 19 20 23 24 25 26 27 BY OVERNIGHT COURIER: I caused the above-referenced document(s) to be contained in an overnight envelope and to be deposited in a Federal Express/Overnite Express box located at 525 B Street, San Diego, California, for delivery to the above address(es). BY CM/ECF Electronic Service: I caused such document to be served via the Court’s (NEF) electronic filing system on all registered parties. 21 22 Marc R. Stanley Stanley Iola LLP 3100 Monticello Avenue, Suite 750 Dallas, TX 75205 □ 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 April 20, 2012, at San Diego, California. /s/ Matthew J. Zevin MATTHEW J. ZEVIN 28 JOINT CASE MANAGEMENT CONFERENCE STATEMENT; Case No. C10-05786 EMC

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