Castillo v. Lowe's HIW, Inc.

Filing 26

STIPULATION AND ORDER to Continue Hearing on 9 MOTION to Compel Arbitration and to Dismiss Class and Representative Claims. Motion Hearing reset for 11/25/2013 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 11/04/2013. (tmi, COURT STAFF) (Filed on 11/5/2013)

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1 2 3 4 5 6 7 8 9 10 11 Cary Kletter (SBN 210230) Sally Trung Nguyen (SBN 267275) KLETTER LAW FIRM 1900 S. Norfolk Street, Suite 350 San Mateo, California 94403 Telephone: 415.434.3400 Attorneys for Plaintiff EDWARD CASTILLO Phillip J. Eskenazi (SBN 158976) Jason J. Kim (SBN 221476) HUNTON & WILLIAMS LLP 550 S. Hope Street, Suite 2000 Los Angeles, CA 90071-2627 Tel: 213.532.2000 Attorneys for Defendant LOWE’S HIW, INC. 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 17 18 EDWARD CASTILLO, individually and on behalf of all other similarly situated persons, on behalf of the People of the State of California, and on behalf of the California Labor and Workforce Development Agency, 19 CASE NO. 13-cv-04590 TEH STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO COMPEL ARBITRATION AND TO DISMISS CLASS AND REPRESENTATIVE CLAIMS Plaintiff, 20 vs. 21 22 Date: November 18, 2013 Time: 10:00 a.m. Courtroom: 2, 17th Floor LOWE’S HIW, INC.; and DOES 1 THROUGH 20, 23 Defendants. Action filed: August 26, 2013 24 25 26 27 28 Plaintiff EDWARD CASTILLO (“Plaintiff”) and Defendant LOWE’S HIW, INC. (“Defendant”) hereby stipulate as follows: WHEREAS Defendant filed a Motion to Compel Arbitration and to Dismiss Class and STIPULATION AND [PROPOSED] ORDER CONTINUING DEFENDANT’S HEARING ON MOTION TO COMPELARBITRATION AND TO DISMISS CLASS AND REPRESENTATIVE CLAIMS -1- 1 Representative Claims (the “Motion”) in this action set to be heard on November 18, 2013; WHEREAS due to the unavailability of Plaintiff’s counsel on November 18, 2013, 2 3 4 counsel for all parties have agreed to continue the hearing date on the Motion to November 25, 2013 at 10:00 a.m.; WHEREAS the parties will not be prejudiced by continuing the hearing; 5 IT IS HEREBY STIPULATED AND AGREED THAT: 6 7 The hearing on the Motion be continued from November 18, 2013 to November 25, 2013. 8 9 Dated: October 30, 2013 KLETTER LAW FIRM, LLP 10 By: _/s/__________________________ Cary Kletter Sally Trung Nguyen Attorney for Plaintiff 11 12 13 14 Dated: October 30, 2013 HUNTON & WILLIAMS LLP 15 By: _/s/__________________________ Phillip J. Eskenazi Jason J. Kim Attorney for Defendant 16 17 18 19 20 ORDER 21 WHEREAS all parties having so stipulated and good cause appearing, 22 IT IS HEREBY ORDERED that the hearing on Defendant’s Motion to Compel 23 Arbitration and to Dismiss Class and Representative Claims be continued from November 18, IT IS SO ORDERED. 26 _____________________________________ n enderso lton E. H Hon. TheltongeE. eHenderson d Th Ju United States District Judge FO A H ER LI RT 28 11/04/2013 DATED: _____________________ NO 27 R NIA 25 ISTRIC ES D TC AT T RT U O S 2013 to November 25, 2013 at 10:00 a.m. UNIT ED 24 N F C O STIPULATION AND [PROPOSED] ORDER CONTINUING D I S DEFENDANT’S HEARING ON T RICT MOTION TO COMPELARBITRATION AND TO DISMISS CLASS AND REPRESENTATIVE CLAIMS -2-

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