Melgar v. CSK Auto, Inc.

Filing 119

STIPULATION AND ORDER re 118 STIPULATION WITH PROPOSED ORDER TO CONTINUE THE OCTOBER 18, 2016 STATUS CONFERENCE filed by Karo Khatchadoorian, Osmin Melgar. Case Management Statement due by 11/3/2016. Further Case Management Conference set for 11/10/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 10/11/16. (bpf, COURT STAFF) (Filed on 10/11/2016)

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MICHAEL MALK, ESQ., APC
MICHAEL MALK, ESQ., (STATE BAR NO 222366)
1180 SOUTH BEVERLY DRIVE, SUITE 302
LOS ANGELES, CALIFORNIA 90035
TELEPHONE: [phone]
FACSIMILE: [phone]
[e-mail]

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ATTORNEY FOR PLAINTIFF OSMIN MELGAR AND KARO KHATCHADOORIAN

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JAMES M. PETERSON, ESQ. (STATE BAR NO.137837)
[e-mail]
EDWIN M. BONISKE, ESQ. (STATE BAR NO. 265701)
[e-mail]
HIGGS, FLETCHER & MACK, LLP
401 WEST A STREET, SUITE 2600
SAN DIEGO, CA 92101
TELEPHONE: [phone]
FAX: [phone]

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ATTORNEY FOR DEFENDANT CSK AUTO, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OSMIN MELGAR individually and on behalf
of all others similarly situated,

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PLAINTIFF,

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JOINT REQUEST TO CONTINUE THE
OCTOBER 18, 2016 STATUS
CONFERENCE

VS.

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CASE NO. 3:13-CV-03769-EMC

CSK AUTO, INC., an Arizona Corporation,
and DOES 1-100

Date: October 18, 2016
Time: 10:30 A.M.
Courtroom: 5

DEFENDANTS.

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Plaintiffs OSMIN MELGAR and KARO KHATCHADOORIAN (“Plaintiffs”) and
Defendant CSK AUTO, INC. k/n/a O’Reilly Auto Enterprises, LLC (“Defendant”) (collectively,
the “Parties”) submit this Joint Request to Continue the October 18, 2016 Status Conference
regarding class certification.
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Joint Request To Continue the October 18, 2016 Status Conference

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On March 8, 2016, the U.S. Circuit Court of Appeals for the Ninth Circuit granted

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Defendant’s petition to appeal the district court’s December 22, 2015 order granting class

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certification. Appellant CSK Auto, Inc. filed its opening brief on July 13, 2016. Appellee Osmin

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Melgar filed their answering brief of September 15, 2016. The court granted Appellant’s request
for an extension to file a reply brief by October 17, 2016.
Additionally, Plaintiffs’ counsel’s office is closed from October 17, 2016 through
October 25, 2016 for the Jewish holiday of Sukkos.

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In light of the appeal before the U.S. Circuit Court of Appeals for the Ninth Circuit, and

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Plaintiffs’ counsel’s unavailability, the Parties respectfully request that this Court continue the

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October 18, 2016 Status Conference to November 10, 2016 at 10:30am, and that the Parties be

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allowed to appear telephonically. Plaintiffs’ counsel may be reached at 310-203-3362, and

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Defendant’s counsel may be reached at 619-236-1551.

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Respectfully submitted,

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Dated: October 6, 2016

MICHAEL MALK, ESQ. APC

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By:___/s/ Michael Malk__________________________
Michael Malk
Attorneys for Plaintiffs and the Class

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Dated: October 6, 2016

HIGGS, FLETCHER & MACK LLP

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By:____/s/ Edwin Boniske_________________________
Edwin Boniske
Attorneys for Defendant CSK Auto, Inc.

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Joint Request To Continue the October 18, 2016 Status Conference

ATTESTATION

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I, Michael Malk, am the ECF user whose User ID and Password are being used to file
this Joint Request To Continue The October 18, 2016 Status Conference. In compliance with

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applicable Local Rules, I hereby attest that concurrence in the filing of this Joint Request has
been obtained from signatory Edwin Boniske, Esq.

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Respectfully submitted,

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Dated: October 6, 2016

MICHAEL MALK, ESQ. APC

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By:

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/s/ Michael Malk
Michael Malk
Attorneys for Plaintiff and the Class

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Joint Request To Continue the October 18, 2016 Status Conference

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ORDER
Pursuant to the stipulation of the Parties, and GOOD CAUSE APPEARING

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THEREFOR, the Court hereby ORDERS that the Status Conference currently scheduled for

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11/10/16
October 18, 2016 be continued to ____________ at 10:30 AM.

The Parties may appear telephonically. Court to call parties between 10:30

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IT IS SO ORDERED.

S
UNIT
ED

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R NIA

ERED
O ORD D
IT IS S
DIFIE
Hon. EdwardMOChen
AS M.

10/11

Dated: ______________, 2016

NO

United States District Judge
Chen
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and 11:30 a.m.

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Joint Request To Continue the October 18, 2016 Status Conference

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