Melgar v. CSK Auto, Inc.

Filing 138

STIPULATION AND ORDER re 137 resetting CMC filed by CSK Auto, Inc. Case Management Statement due by 9/28/2017. Further Case Management Conference set for 10/5/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 7/12/17. (bpfS, COURT STAFF) (Filed on 7/12/2017)

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MICHAEL MALK (Bar No. 222366)
[e-mail]
MICHAEL MALK, ESQ., APC
1180 South Beverly Drive, Suite 302
Los Angeles, CA 90035
Telephone:
310.203.0016
Facsimile:
310.499.5210
Attorneys for Plaintiff OSMIN MELGAR
and KARO KHATCHADOORIAN
JAMES M. PETERSON (Bar No. 137837)
[e-mail]
EDWIN M. BONISKE (Bar No. 265701)
[e-mail]
HIGGS FLETCHER & MACK LLP
401 West “A” Street, Suite 2600
San Diego, CA 92101-7913
Telephone:
619.236.1551
Facsimile:
619.696.1410
Attorneys for Defendant CSK AUTO, INC.
n/k/a O’Reilly Auto Enterprises, LLC

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

Case No. 3:13-CV-03769 (EMC)
STIPULATION AND JOINT MOTION
TO CONTINUE CASE MANAGEMENT
CONFERENCE
CMC Date:
CMC Time:

August 31, 2017
10:30 AM

Defendants.

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8039039.1

STIPULATION AND JOINT MOTION TO
CONTINUE CASE MANAGEMENT CONFERENCE

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This Stipulation and Joint Motion is entered into by and between Plaintiff Osmin Melgar

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and Karo Khatchadoorian (“Plaintiffs”) and Defendant CSK Auto, Inc., n/k/a O’Reilly Auto

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Enterprises, LLC (“O’Reilly”), through their undersigned counsel of record. The Parties hereby

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stipulate and agree as follows:

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1.

On May 25, 2017, the Court entered a minute order granting in part, and denying

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in part, Plaintiffs’ motion to amend the class certification order in this action. The Court ordered

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the Parties to meet and confer and to submit a proposed joint class notice, and set a further

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telephonic Case Management Conference for August 31, 2017, at 10:30 AM. The Court also

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encouraged the Parties to communicate regarding settlement.

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2.

After meeting and conferring, the Parties have agreed to participate in mediation

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before Hon. William Pate (Ret.), in San Diego, California. The mediation is set for September 7,

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2017. In light of the confirmed mediation date, the Parties believe that it would be most efficient

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to continue the pending Case Management Conference until after the mediation.

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3.

The Parties further agree that dissemination of class notice at this time would not

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be an efficient use of resources, as the parties would have to duplicate those efforts (and costs)

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again in the event they reach an agreement to resolve the case through mediation.

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4.

Accordingly, the Parties respectfully request that the Court enter an order: (1)

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continuing the Case Management Conference to one month after the scheduled mediation, to

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October 5, 2017, subject to the Court’s availability; and (2) defer submission of a proposed joint

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class notice to coincide with the submission of an updated Case Management Conference

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Statement on September 28, 2017, subject to the Court’s availability.

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Respectfully Submitted,
DATED: July 7, 2017

MICHAEL MALK, ESQ., APC

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By: /s/ Michael Malk
MICHAEL MALK.
Attorneys for Plaintiff OSMIN MELGAR and
KARO KHATCHADOORIAN

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8039039.1

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STIPULATION AND JOINT MOTION TO
CONTINUE CASE MANAGEMENT CONFERENCE

DATED: July 7, 2017

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By: /s/ James M. Peterson
JAMES M. PETERSON, ESQ.
EDWIN BONISKE, ESQ.
Attorneys for Defendant CSK AUTO, INC. n/k/a
O’REILLY AUTO ENTERPRISES, LLC

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8039039.1

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STIPULATION AND JOINT MOTION TO
CONTINUE CASE MANAGEMENT CONFERENCE