Torres et al v. JC Penney Corporation, Inc. et al

Filing 34

STIPULATION AND ORDER TO FURTHER CONTINUE CASE MANAGEMENT CONFERENCE AND SET BRIEFING SCHEDULE. Case Management Conference set for 2/7/2013 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 10/16/12. (cl, COURT STAFF) (Filed on 10/16/2012)

1 SHEPPARD MULLIN RICHTER & HAMPTON LLP
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A Limited Liability Partnership
Including Professional Corporations
MOE KESHAVARZI, Cal. Bar No. 223759
[e-mail]
GREGORY A. LONG, Cal. Bar No. 57642
[e-mail]
333 South Hope Street, 48th Floor
Los Angeles, California 90071-1448
Telephone: [phone]
Facsimile: 213-620-1398

7 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

A Limited Liability Partnership
Including Professional Corporations
LAI L. YIP, Cal. Bar No. 258029
9 [e-mail]
Four Embarcadero Center, 17th Floor
10 San Francisco, California 94111-4109
Telephone: [phone]
11 Facsimile: 415.434.3947
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12 Attorneys for Defendants

J. C. PENNEY CORPORATION, INC. and

13 J. C. PENNEY COMPANY, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

17 MARIA TORRES, GABRIEL ROJAS

and IAN KERNER, individually and on
18 behalf of all others similarly situated,
Plaintiffs,

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v.

21 JC PENNEY CORPORATION, INC.;

and JC PENNEY COMPANY INC.,

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Case No. 3:12-cv-01105-RS
The Hon. Richard Seeborg
STIPULATION TO FURTHER
CONTINUE CASE MANAGEMENT
CONFERENCE AND SET
BRIEFING SCHEDULE;
[PROPOSED] ORDER
Complaint Filed: March 5, 2012

Defendants.

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SMRH:407173235.1

Case No. 3:12-cv-01105-RS
STIPULATION TO FURTHER CONTINUE CASE MANAGEMENT CONFERENCE AND
SET BRIEFING SCHEDULE; [PROPOSED] ORDER

STIPULATION

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WHEREAS, the Case Management Conference in this case is currently

3 set for October 25, 2012 at 10:00 a.m.;
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WHEREAS, the Court has ordered that plaintiffs Maria Torres, Gabriel

5 Rojas, and Ian Kerner (collectively, “Plaintiffs”) have until October 22, 2012 to file
6 an amended complaint in this action (Dkt #32);
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WHEREAS, defendants J.C. Penney Corporation, Inc. and J.C. Penney

8 Company, Inc. (collectively, “JCPenney”) anticipate filing a motion to dismiss
9 Plaintiffs’ amended complaint;
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WHEREAS, the only time modifications in this case have been the

11 continuance of the Case Management Conference from July 19, 2012 at 10:00 a.m.
12 to September 13, 2012 at 1:30 p.m. (Dkt #21); the further continuance of the Case
13 Management Conference from September 13, 2012 at 1:30 p.m. to October 25, 2012
14 at 10:00 a.m. (Dkt #27); and the continuance of the hearing on JCPenney’s motion
15 to dismiss and motion to strike portions of the complaint from September 13, 2012
16 at 1:30 p.m. to September 27, 2012 at 1:30 p.m. (Dkt #28);
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WHEREAS, the parties have met and conferred and agree that the Case

18 Management Conference should be deferred until after the Court has ruled on
19 JCPenney’s anticipated motion to dismiss Plaintiffs’ amended complaint because it
20 will serve judicial economy, as the Court’s ruling will impact issues addressed in the
21 Case Management Conference statement (including length of trial, trial date,
22 deadline to complete discovery and whether this action will proceed as a class
23 action);
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THEREFORE, pursuant to Local Rules 6-2 and 16-2(e), and Judge

25 Seeborg’s Standing Order Re: Initial Case Management, the parties through their
26 undersigned counsel stipulate, subject to the Court’s approval, that:
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1.

JCPenney’s motion to dismiss Plaintiffs’ amended complaint is

28 due November 19, 2012;
Case No. 3:12-cv-01105-RS
STIPULATION TO FURTHER CONTINUE CASE MANAGEMENT CONFERENCE AND
SET BRIEFING SCHEDULE; [PROPOSED] ORDER

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SMRH:407173235.1

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2.

Plaintiffs’ opposition to JCPenney’s motion is due December 3,

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JCPenney’s reply in support of its motion is due December 10,

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the hearing on JCPenney’s motion is set to January 17, 2013 at

2 2012;
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4 2012;
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6 1:30 p.m., or as soon thereafter as is convenient to the Court; and
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5.

the Case Management Conference is continued from October 25,

8 2012 at 10:00 a.m. to February 7, 2013 at 10:00 a.m., or as soon thereafter as is
9 convenient to the Court.
10 Dated: October 16, 2012

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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By

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16 Dated: October 16, 2012

/s/ Moe Keshavarzi
MOE KESHAVARZI
Attorneys for Defendant
J. C. PENNEY CORPORATION, INC. and
J. C. PENNEY COMPANY, INC.

BAKER LAW PC

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By

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/s/ G. Richard Baker
G. RICHARD BAKER
Attorneys for Plaintiffs
MARIA TORRES, GABRIEL ROJAS, and
IAN KERNER

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Case No. 3:12-cv-01105-RS
STIPULATION TO FURTHER CONTINUE CASE MANAGEMENT CONFERENCE AND
SET BRIEFING SCHEDULE; [PROPOSED] ORDER

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SMRH:407173235.1

CERTIFICATION

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2

I, Moe Keshavarzi, am the ECF User whose identification and

3 password are being used to file this STIPULATION TO FURTHER CONTINUE
4 CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER. Pursuant to
5 General Order 45, section X.B, I attest that G. Richard Baker has concurred in this
6 filing.
7 Dated: October 16, 2012

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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By

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/s/ Moe Keshavarzi
MOE KESHAVARZI
Attorneys for Defendant
J. C. PENNEY CORPORATION, INC. and
J. C. PENNEY COMPANY, INC.

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Case No. 3:12-cv-01105-RS
STIPULATION TO FURTHER CONTINUE CASE MANAGEMENT CONFERENCE AND
SET BRIEFING SCHEDULE; [PROPOSED] ORDER

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SMRH:407173235.1

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[PROPOSED] ORDER

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Having considered the Stipulation to Further Continue Case

3 Management Conference and Set Briefing Schedule entered into by plaintiffs Maria
4 Torres, Gabriel Rojas, and Ian Kerner and defendants J. C. Penney Corporation, Inc.
5 and J. C. Penney Company, Inc., and good cause appearing therefor,
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IT IS ORDERED THAT:

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1.

JCPenney’s motion to dismiss Plaintiffs’ amended complaint is

8 due November 19, 2012;
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2.

Plaintiffs’ opposition to JCPenney’s motion is due December 3,

3.

JCPenney’s reply in support of its motion is due December 10,

4.

the hearing on JCPenney’s motion is set to January 17, 2013 at

10 2012;
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12 2012;
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14 1:30 p.m.; and
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5.

the Case Management Conference is continued from October 25,

16 2012 at 10:00 a.m. to February 7, 2013 at 10:00 a.m.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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19 Dated: _________________
10/16/12

_______________________________

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Honorable Richard Seeborg
United States District Judge

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Case No. 3:12-cv-01105-RS
STIPULATION TO FURTHER CONTINUE CASE MANAGEMENT CONFERENCE AND
SET BRIEFING SCHEDULE; [PROPOSED] ORDER

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