Crook et al v. Wyndham Vacation Ownership, Inc. et al

Filing 23

STIPULATION AND ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE ANDASSOCIATED DEADLINES PENDING DECISION ON MOTION TO COMPEL ARBITRATION re 20 STIPULATION WITH PROPOSED ORDER - Case Management Conference set for 11/19/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 10/28/2013. (jmdS, COURT STAFF) (Filed on 10/28/2013)

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SCHIFF HARDIN LLP
Rocky N. Unruh, CSB # 84049
[e-mail]
Sarah D. Youngblood (CSB# 244304)
[e-mail]
One Market, Spear Street Tower
Thirty-Second Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
WYNDHAM VACATION OWNERSHIP, INC.
AND WYNDHAM WORLDWIDE CORP.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THOMAS CROOK & DONNA CROOK,
Plaintiffs,

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Case No. C 13-03669-EDL

v.
WYNDHAM VACATION OWNERSHIP,
INC., WYNDHAM WORLDWIDE,
ANITA HOWELL, LINDA TANNER, and
DOES 1 through 100, inclusive.
Defendants.

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STIPULATION AND
ORDER CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE AND
ASSOCIATED DEADLINES PENDING
DECISION ON MOTION TO COMPEL
ARBITRATION
Local Rule 6-1(b)
Current Conference Date: November 5, 2013
Joint Statement Due: October 29, 2013

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Pursuant to Civil Local Rule 6-1(b), the parties, by and through their attorneys of record,
hereby agree and stipulate as follows, subject to the approval of this Court:
(1)

Defendants Wyndham Vacation Ownership, Inc. and Wyndham Worldwide Corp.

(“Wyndham Defendants”) removed the above-captioned matter to this Court on August 7, 2013.
(2)

On August 19, 2013, this Court entered its Case Management Conference Order

setting the Initial Case Management Conference for November 5, 2013 at 2:00 p.m. See Docket

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S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
CHICAGO

CASE NO. C 13-0669-WHO
-1STIPULATION AND ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE
AND ASSOCIATED DEADLINES

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No. 13. Pursuant to this Order, the parties’ Joint Case Management Statement is due October 29,

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2013 (7 days prior to the Initial Case Management Conference). Id.

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(3)

On August 22, 2013, the Wyndham Defendants filed their Motion to Compel

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Arbitration and to Stay This Action. See Docket No. 15. This motion is fully-briefed, and is set

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for hearing in front of this Court on October 30, 2013 at 2:00 p.m. Id.

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(4)

The parties have met and conferred and believe that it would conserve the

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resources of the Court and of the parties to continue the Initial Case Management Conference and

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the deadline to file a Joint Case Management Statement, in order to allow for the Court to hear

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arguments and issue a ruling on the Wyndham Defendants’ Motion to Compel Arbitration and to

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Stay This Action.

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(5)

Good cause exists to continue the Initial Case Management Conference and the

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associated deadlines because the Court’s ruling on the pending Motion to Compel Arbitration has

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the potential to obviate any need to conduct such a conference. If the motion is granted,

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arbitration will be compelled and the rules of the American Arbitration Association will apply; if

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the motion is denied, then the ruling likely would impact the contents of the parties’ Joint Case

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Management Statement and/or fall within the appeal rights set forth in 9 U.S.C. 16(a)(1), which

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would further defer any need for a case management conference.

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(6)

There are no other deadlines currently on calendar in this case that would be

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affected by a continuance of the Initial Case Management Conference and the associated

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deadlines.

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S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
CHICAGO

CASE NO. C 13-0669-WHO
-2STIPULATION AND ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE
AND ASSOCIATED DEADLINES

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(7)

Conference and the associated deadlines in this matter.
IT IS SO STIPULATED.

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This is the parties’ first request for a continuance of the Initial Case Management

Dated: October 24, 2013

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By: /s/ Sarah D. Youngblood
Rocky N. Unruh
Sarah D. Youngblood
Counsel for Defendants
WYNDHAM VACATION OWNERSHIP,
INC. AND WYNDHAM WORLDWIDE
CORP.

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Respectfully submitted,
Schiff Hardin LLP

Dated: October 24, 2013

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Figari Law
By: /s/ Barbara Figari
Barbara Figari
Counsel for Plaintiffs
THOMAS CROOK AND DONNA
CROOK

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I attest and certify that I received permission from plaintiffs’ counsel before e-filing this

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document and will retain proof of this permission.
Dated: October 24, 2013

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Schiff Hardin LLP
By: /s/ Sarah D. Youngblood
Rocky N. Unruh
Sarah D. Youngblood
Counsel for Defendants
WYNDHAM VACATION OWNERSHIP,
INC. AND WYNDHAM WORLDWIDE
CORP.

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PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, THE

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COURT ENTERS THE FOLLOWING ORDER:

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S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
CHICAGO

CASE NO. C 13-0669-WHO
-3STIPULATION AND ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE
AND ASSOCIATED DEADLINES

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November
The November 5, 2013 Initial Case Management Conference is continued to _________, 19

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2013 at 2:00 p.m. in Courtroom 2 on the 17th floor of the Federal Building, 450 Golden Gate

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Avenue, San Francisco, California. All deadlines associated with the Initial Case Management

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Conference, including the deadline to file a Joint Case Management Statement, shall be calculated

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based on the new date for the Initial Case Management Conference.

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October 28
Dated: __________________, 2013

________________________________
HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
CHICAGO

CASE NO. C 13-0669-WHO
-4STIPULATION AND ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE
AND ASSOCIATED DEADLINES