Simpson v. Best Western International, Inc.

Filing 16

ORDER GRANTING re 15 STIPULATION WITH PROPOSED ORDER re 8 MOTION to Dismiss Plaintiff's Complaint, or, in the Alternative, Strike Class Allegations, 5 MOTION to Change Venue to the Central District of California. Res ponses/Oppositions to Motion to Dismiss and Motion to Change Venue due by 10/9/2012. Replies to Motion to Dismiss and Motion to Change Venue due by 10/23/2012. Motion Hearing re-set for 11/9/2012 at 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Signed by Judge Joseph C. Spero on 9/26/12. (klhS, COURT STAFF) (Filed on 9/26/2012)

1 Randall J. Sunshinef Esq. (SBN: 137363)
rsunshine@liner aw.com
2 Angela C. Ag~sa1 Esq. (SBN: 131337)
[e-mail]
3 David B. Farkas, Esq. (SBN: 257137)
dfarkaslallinerlaw .com
4 LINER GR'ODE STEIN YANKELEVITZ
SUNSHINE REGENSTREIF & TAYLOR LLP
5 1100 Glendon Avenue, 14th Floor
Los Angeles, California 90024-3503
6 Telephone: [phone]
Facsimile: [phone]
7
Attorneys for Defendant ·
8 Best Western International, Inc.
9 Eric Grover, Esq. (SBN: 136080)
[e-mail]
10 Carey G. Been1 Esq. (SBN: 240996)
coeen@kelJ~r~over.com

11 KELLER GROVER LLP
1965 Market Street
12 San Francisco, California 94103
Telephone: [phone]
13 Facsimile: [phone]
14 Attorneys for Plaintiff
Latroya Simpson
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

18 LATROYA SIMPSON, individually and
on behalf of a class of similarly situated
19 individuals,
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vs.

Plaintiff,

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BEST WESTERN INTERNATIONAL,
22 INC., and DOES 1 through 10, inclusive,
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Defendants.

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Case No. 3:12-cv-04672
STIPULATION AND ORDER TO
EXTEND BRIEFING SCHEDULE
AND TO CONTINUE BEARING
ON DEFENDANT'S MOTION TO
DISMISS AND DEFENDANT'S
MOTION TO TRANSFER VENUE
TO THE CENTRAL DISTRICT OF
CALIFORNIA

Honorable Magistrate Judge Joseph C.
Spero
Date:
Time:
Courtroom:

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October 19, 2012
9:30a.m.
G

[Declaration of David B. Farkas
submitted concurrently herewith]

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Case No. 3:12-cv-04672
STIP AND ORDER TO EXTEND BRIEFING SCHEDULE AND TO CONTINUE HRG ON DEFENDANT'S
MTN TO DISMISS AND MTN TO TRANSFER VENUE
41390/001/1002750v5.1

1

PlaintiffLatroya Simpson ("Plaintiff') and Defendant Best Western

2 International, Inc. ("Defendant"), by and through their undersigned attorneys, hereby
3 stipulate as follows:
4

WHEREAS, on June 20, 2012, Plaintiff filed the Complaint in this action in

5 the Superior Court of the State of California for the County of Alameda;
6

WHEREAS, on September 7, 2012, Defendant timely removed the case to this

7 Court;
WHEREAS, on September 14, 2012, Defendant timely filed a Motion to

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9 Transfer Venue to the Central District of California (Docket No. 5) and a Motion to
10 Dismiss/Motion to Strike Plaintiffs Complaint (Docket No.8);
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WHEREAS, Defendant's Motions are currently set for hearing on October 19,

12 2012 at 9:30a.m. in Courtroom G of the above-entitled Court;
13

WHEREAS, Plaintiffs Oppositions to Defendant's Motions are currently due

14 on September 28, 2012 and whereas Defendant's Replies in Support of its Motions
15 are currently due on October 5, 2012; and
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WHEREAS, Plaintiff has requested a one-week extension for her deadline to

17 file an Opposition to Defendant's Motions, and whereas Defendant has agreed to that
18 extension;
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Case No. 3:12-cv-04672
STIP AND ORDER TO EXTEND BRIEFING SCHEDULE AND TO CONTINUE HRG ON DEFENDANT'S
MTN TO DISMISS AND MTN TO TRANSFER VENUE
41390/00111002750v5.1

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THEREFORE, Plaintiff and Defendant stipulate, subject to the Court's

2 approval, that:
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1. Plaintiff's Oppositions to Defendant's Motion to Dismiss and Motion to

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Transfer Venue to the Central District shall be due on October 9, 2012;

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2. Defendant's Replies in Support of its Motion to Dismiss and Motion to

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Transfer Venue to the Central District shall be due on October 23, 2012;
3. The hearing on Defendant's Motion to Transfer Venue to the Central District

8

of California and Motion to Dismiss/Strike Plaintiff's Complaint, currently set

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for October 19, 2012 at 9:30a.m., is continued to November 9, 2012 at 9:30

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a.m. in Courtroom G of the above-entitled Court.

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12 Dated: September 25, 2012

LINER GRODE STEIN Y ANKELEVITZ
SUNSHINE REGENSTREIF & TAYLOR LLP

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14

By:

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/s/ Angela C. Agrusa
Angela C. Agrusa, Esq.
Attorneys for Defendant
Best Western International, Inc.

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Dated: September 25, 2012

KELLER GROVER LLP

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By:

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Is/ Eric Grover
Eric Grover, Esq.
Attorneys for Plaintiff Latroya
Simpson

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Dated:- -September- - ' 2012
---

/s/ Joseph C. Spero

Honorable Magistrate Judge
Joseph C. Spero

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Case No. 3: 12-cv-04672
STIP AND ORDER TO EXTEND BRIEFING SCHEDULE AND TO CONTINUE HRG ON DEFENDANT'S
MTN TO DISMISS AND MTN TO TRANSFER VENUE
4l390/00l/l002750v5.l

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PROOF OF SERVICE

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3

I am employed in the County of Los Angeles, State of California. I am over ·
the age of 18 and not a r>arty to the within action. My business address is 1100
4 Glendon Avenue, 14th Floor, Los Angeles, California 90024-3503. On, I served the
within document(s) described as:
5
STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE
6 AND TO CONTINUE HEARING ON DEFENDANT'S MOTION TO DISMISS
AND DEFENDANT'S MOTION TO TRANSFER VENUE TO THE
7 CENTRAL DISTRICT OF CALIFORNIA
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on the interested parties in this action as stated below:

9

Eric Grover, Esq.
Carey G. Bee~ Esg.
KELLER GRuVER LLP
1965 Market Street
San Francisco1 California 94103
Telephone: (<tl5) 543-1305
Facs1mile: [phone]
Email: [e-mail]
Email: [e-mail]

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IX]

(BY E-MAIL} By transmittal of the foregoing document to the email
addresses set forth above through the Court's CM/ECF filing system.

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I de~lar~ under penalty of perjury under the laws of the State of California that
16 the foregomg 1s true and correct.
Executed on September 25, 2012, at Los Angeles, California.

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·

Elsa Critser
(Type or print name)

Q&w au~

~i

=(Signature)

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Case No. 3: 12-cv-04672
STIP AND ORDER TO EXTEND BRIEFING SCHEDULE AND TO CONTINUE HRG ON DEFENDANT'S
MTN TO DISMISS AND MTN TO TRANSFER VENUE
41390/0011 l002750v5.1