Forrester et al v. Orkin, Inc.

Filing 42

STIPULATION AND ORDER re 41 STIPULATION WITH PROPOSED ORDER. Set/Reset Deadlines as to 38 MOTION to Remand Plaintiff's Notice of Motion and Motion to Remand to State Court, 37 MOTION for Hearing Notice of Motion to Add Party; Memorandum of Points and Authorities. Replies due by 5/17/2013. Motion Hearing set for 5/30/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on May 16, 2013. (wsn, COURT STAFF) (Filed on 5/16/2013)

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RIMAC MARTIN, P.C.
ANNA M. MARTIN (CSBN 154279)
[e-mail]
1051 Divisadero Street
San Francisco, CA 94115
Telephone: [phone]
Facsimile: [phone]
DANIEL J. GERBER
RUMBERGER KIRK & CALDWELL
Lincoln Plaza, Suite 1400 (admitted Pro Hac Vice)
300 South Orange Avenue
Orlando, FL 32801
Telephone: [phone]
Facsimile: 407.841.2133
Attorneys for Defendants
ORKIN SERVICES OF CALIFORNIA, INC.;
(also improperly sued and served herein as ORKIN, INC.
& ORKIN EXTERMINATING COMPANY, INC.)

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SCOTT H.Z. SUMNER (CSBN 156304)
KHORRAMI, LLP
[e-mail]
360 22nd Street, Suite 640
Oakland, CA 94712
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
EVA FORRESTER, CHRISTOPHER M. FORRESTER,
BRYAN THOMAS FORRESTER, and
STEPHANIE FORRESTER

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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EVA FORRESTER,
CHRISTOPHER M. FORRESTER,
BRYAN THOMAS FORRESTER, AND
STEPHANIE FORRESTER,

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Plaintiffs,

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vs.
ORKIN, INC. and DOES 1 Through 20,
inclusive,
Defendants.

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CASE NO. 3:12-cv-01975 JST
STIPULATION TO EXPEDITE HEARING
DATE FOR PLAINTIFFS’ MOTION TO
REMAND TO STATE COURT AND
MOTION TO ADD PARTY; [PROPOSED]
ORDER

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STIPULATION TO EXPEDITE HEARING DATE FOR PLAINTIFFS’ MOTION TO REMAND TO
STATE COURT AND MOTION TO ADD PARTY; [PROPOSED] ORDER
Case No. 3:12-cv-01975 JST

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IT IS HEREBY STIPULATED by and between the Plaintiff EVA FORRESTER, and

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Defendant ORKIN SERVICES OF CALIFORNIA, INC., by and through their counsel of record

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herein, that the hearing date of June 27, 2013 at 2:00 p.m. for Plaintiffs’ Motion to Add Party and

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Motion to Remand to State Court, filed on May 8, 2013, be expedited and rescheduled to be heard

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on an earlier date on Thursday, May 23, 2013 at 2:00 p.m. in Courtroom 9. To facilitate the Court’s

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ability to hear this matter on an expedited basis, the parties have agreed to an expedited briefing
schedule as well. On Monday, May 13, 2013, defendant Orkin filed its opposition to plaintiff’s

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motions, and plaintiff will file her response brief on or before Friday, May 17, 2013.
Good cause exists for this request. On May 8, 2013, the Case Management Conference was

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held before the Honorable Jon S. Tigar. During the Conference, Mr. Sumner advised that he

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intended to file a motion to add a non-diverse defendant and a motion for remand to State court.

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The Court and the parties agreed that plaintiff’s motions should be heard on an expedited basis as

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there are several impending deadlines which will require the parties to expend attorney fees and
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costs to comply with those deadlines. In the interests of the Court and the parties, plaintiff’s

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Motion To Add A Party and To Remand To State Court and Motion should be heard on an

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expedited basis.

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Respectfully submitted,

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RIMAC MARTIN, P.C.

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DATED: May 16, 2013

By:

/S/ Anna M. Martin
ANNA M. MARTIN
JOSEPH F. CHARLES
Attorneys for Defendants
ORKIN SERVICES OF CALIFORNIA, INC.;
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STIPULATION TO EXPEDITE HEARING DATE FOR PLAINTIFFS’ MOTION TO REMAND TO
STATE COURT AND MOTION TO ADD PARTY; [PROPOSED] ORDER
Case No. 3:12-cv-01975 JST

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(also improperly sued and served herein as ORKIN,
INC. and ORKIN EXTERMINATING
COMPANY, INC.)

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KHORRAMI, LLP

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DATED: May 16, 2013

By:

/S/ Scott H.Z. Sumner
SCOTT H.Z. SUMNER
KHORRAMI, LLP
Attorneys for Plaintiffs
EVA FORRESTER, CHRISTOPHER M.
FORRESTER, BRYAN THOMAS FORRESTER,
and STEPHANIE FORRESTER

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STIPULATION TO EXPEDITE HEARING DATE FOR PLAINTIFFS’ MOTION TO REMAND TO
STATE COURT AND MOTION TO ADD PARTY; [PROPOSED] ORDER
Case No. 3:12-cv-01975 JST

[PROPOSED] ORDER

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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D
RDERE
S SO O IED
IT I
ODIF
A TIGAR
HON. JON S. S M

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Dated: May 16, 2013

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S DISTRICT
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rescheduled to be heard on Thursday, May 30, 2013 at 2:00 p.m. in Courtroom 9.

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J u d ge J o

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S . Ti ga r

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Plaintiffs’ Motion to Remand to State Court and Motion to Add Party is expedited and

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D IS T IC T O
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STIPULATION TO EXPEDITE HEARING DATE FOR PLAINTIFFS’ MOTION TO REMAND TO
STATE COURT AND MOTION TO ADD PARTY; [PROPOSED] ORDER
Case No. 3:12-cv-01975 JST

CERTIFICATE OF SERVICE

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I am employed in the County of San Francisco, State of California. I am over the age of
18 and not a party to the within action. My business address is 1051 Divisadero Street, San
Francisco, California 94115.
On May 16, 2013, the following document is being filed electronically and will be
available for viewing and downloading from the Court’s CM/ECF system:
STIPULATION TO EXPEDITE HEARING DATE FOR PLAINTIFFS’ MOTION TO
REMAND TO STATE COURT AND MOTION TO ADD PARTY; [PROPOSED] ORDER
The Notice of Electronic Case Filing Automatically generated by the system and sent to
all parties entitled to service under the Federal Rules of Civil Procedure and the Local Rules of
the United States District Court, Northern District of California who have consented to electronic
service shall constitute service of the filed document to all such parties.
Executed on May 16, 2013 at San Francisco, California.
I declare under penalty of perjury that I am employed in the office of a member of the bar
of this Court at whose direction the service was made and that the foregoing is true and correct.

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Robin Hale
(Type or print name)

/s/ Robin Hale
(Signature)

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STIPULATION TO EXPEDITE HEARING DATE FOR PLAINTIFFS’ MOTION TO REMAND TO
STATE COURT AND MOTION TO ADD PARTY; [PROPOSED] ORDER
Case No. 3:12-cv-01975 JST