Rubio-Delgado v. Aerotek, Inc.

Filing 72

ORDER granting 71 STIPULATION WITH PROPOSED ORDER to Vacate Case Management Conference and Associated Deadlines filed by Jose Rubio-Delgado. (beS, COURT STAFF) (Filed on 11/12/2015)

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THE LAW OFFICES OF DEVIN H. FOK
Devin H. Fok (SBN #256599)
[e-mail]
P.O. Box 7165
Alhambra, CA 91802-7165
Phone: [phone]
Fax: [phone]

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NICHOLS KASTER, PLLP
Rebekah L. Bailey, CA Bar No. 258551
[e-mail]
E. Michelle Drake, MN Bar No. 0387366*
[e-mail]
Anna P. Prakash, MN Bar No. 0351362*
[e-mail]
Joseph C. Hashmall, MN Bar No. 392610*
[e-mail]
4600 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Phone: [phone]
Fax: [phone]
*admitted pro hac vice

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Attorneys for Individual and Representative Plaintiff

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[Attorneys for Defendant on Signature Page]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Jose Rubio-Delgado,
individually, on behalf of other similarly
situated indivdiuals, and on behalf of the
general public,

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v.

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STIPULATION TO VACATE
CASE MANAGEMENT
CONFERENCE AND
ASSOCIATED DEADLINES

Plaintiff,

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Case No.:3:13-cv-03105-CRB

Aerotek, Inc.,
Defendant.

Judge: Honorable Charles R. Breyer
Courtroom: 6
Date: November 20, 2015
Time: 8:30 AM
Complaint Filed: July 3, 2013

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STIPULATION TO VACATE CMC
Case No. 3:13-cv-03105-CRB

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Plaintiff Jose Rubio-Delgado (“Plaintiff”) and Defendant Aerotek, Inc.

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(“Defendant”) (collectively the “parties”), by and through their counsel, hereby

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STIPULATE and AGREE as follows:

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WHEREAS, on August 21, 2015, Defendant filed a Motion to Stay this Action

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pending the resolution of one of two pending cases, Syed v. M-I, LLC, No. 14-17186 (9th

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Cir. 2014) and Spokeo, Inc. v. Robins, 135 S. Ct. 1892, No. 13-1339 (2015) (ECF No.

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62); 1

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WHEREAS, Plaintiff filed a Statement of Non-Opposition on September 4, 2015
(ECF No. 65);

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WHEREAS, the Court granted Defendant’s Motion on September 22, 2015 (ECF

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No. 67) which stayed this matter pending the resolution of either Syed or Spokeo,

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whichever is resolved earlier, and ordered the parties to meet and confer following such

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resolution, promptly request a status conference and provide the Court with an updated

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status conference report seven (7) days prior to that conference;

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WHEREAS, this action was reassigned to the Honorable Charles R. Breyer after

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the retirement of the Honorable Samuel Conti (ECF No. 69), and the Court thereafter set a

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November 20, 2015 Case Management Conference and related meet and confer and case

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management statement deadlines (ECF No. 70);

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WHEREAS, the parties have a mediation tentatively scheduled for January 13,
2016 before mediator Eric Green;

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WHEREFORE, the parties respectfully request that the September 22, 2015 Order

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staying this case should be maintained, and the November 20, 2015 Case Management

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Conference and related meet and confer and case management statement deadlines should

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therefore be vacated pending the resolution of either Syed or Spokeo, whichever is

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resolved earlier.

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For the Court’s convenience, copies of the ECF dockets referenced herein are attached to
this Stipulation.
-2STIPULATION TO VACATE CMC
Case No. 3:13-cv-03105-CRB

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Dated: November 11, 2015

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NICHOLS KASTER, PLLP
By: /s/Joseph C. Hashmall
Joseph C. Hashmall (pro hac vice)

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ATTORNEY FOR INDIVIDUAL AND
REPRESENTATIVE PLAINTIFF

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Dated: November 11, 2015

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LITTLER MENDELSON, P.C.

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By: /s/Alison S. Hightower
Rod M. Fliegel, Bar No. 168289
[e-mail]
Alison S. Hightower, Bar No. 112429
[e-mail]
Roxanna Iran, Bar No. 273625
[e-mail]
650 California Street, 20th Floor
San Francisco, CA 94108
Telephone: [phone]
Fax: [phone]

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ATTORNEYS FOR DEFENDANT

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IT IS SO ORDERED. The November 20, 2015 Case Management Conference and related
meet and confer and case management statement deadlines are accordingly VACATED.

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Date: Nov. 12, 2015
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______________________________
Hon. Charles R. Breyer
United States District Judge

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-3STIPULATION TO VACATE CMC
Case No. 3:13-cv-03105-CRB