Jacqueline Benjamin, et al.-v-B & H Education, Inc., et al

Filing 73

Order as Modified by Hon. Vince Chhabria granting 72 Stipulation Regarding Schedule for Filing Cross Motions for Summary Judgment.(knm, COURT STAFF) (Filed on 5/19/2015)

Julie A. Vogelzang (SBN 174411)
1 Edward M. Cramp (SBN 212490)
Courtney L. Baird (SBN 234410)
2 Jess R. Booth (SBN 245430)
DUANE MORRIS LLP
3 750 B Street, Suite 2900
San Diego, CA 92101-4681
4 Telephone: [phone]
Facsimile: 619 744 2201
5 E-mail:
[e-mail]
[e-mail]
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[e-mail]
[e-mail]
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Attorneys for Defendant
8 B&H EDUCATION, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JACQUELINE BENJAMIN, BRYAN GONZALEZ
12 and TAIWO KOYEJO, Individually and on behalf
of all others similarly situated,
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Plaintiffs,
14
v.
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B&H EDUCATION, INC., a corporation, dba
16 “MARINELLO SCHOOLS OF BEAUTY”; and
DOES 1 through 100
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Defendants.
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Case No.: 13-CV-04993 VC
JOINT STIPULATION REGARDING
SCHEDULE FOR FILING CROSSMOTIONS FOR SUMMARY
JUDGMENT AND PROPOSED
ORDER AS MODIFIED
Ctrm:
Judge:

4
Hon. Vince Chhabria

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Joint Stipulation and Proposed Order; 13-CV-04993 VC
DM1\5616521.2

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Plaintiffs JACQUELINE BENJAMIN, BRYAN GONZALEZ and TAIWO KOYEJO

2 (“Plaintiffs”), by and through their counsel of record, and Defendant B&H EDUCATION, INC.
3 (“Defendant”), by and through its counsel of record, hereby agree and stipulate as follows:
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WHEREAS, Plaintiffs and Defendant intend to file cross-motions for summary judgment in

5 this matter.
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WHEREAS, the Court has a standing order requiring that parties filing cross-motions for

7 summary judgment “file a total of four briefs sequentially, rather than three pairs of simultaneous
8 briefs.” The Court’s standing order further encourages parties to “submit a stipulation and proposed
9 order setting a briefing schedule for the cross-motions, which will likely be signed so long as the
10 fourth brief is due no later than 14 days before the hearing date.”
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WHEREAS, the Case Management Order [dkt. 62] currently provides that all cross-motions

12 for summary judgment are due on June 16, 2015.
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WHEREAS, in accordance with the Court’s standing order, counsel for the parties have met

14 and conferred and jointly propose the following schedule for the filing of the cross-motions for
15 summary judgment:
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DATE

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June 16, 2015

Plaintiffs File Motion for Summary Judgment

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July 14, 2015

Defendant Files Opposition Memorandum and
Motion for Summary Judgment

August 11, 2015

Plaintiffs File Opposition and Reply Memorandum

August 25, 2015

Defendant Files Reply Memorandum

September 17, 2015

Hearing on Cross-Motions for Summary Judgment

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MOTION

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Joint Stipulation and Proposed Order; 13-CV-04993 VC
DM1\5616521.2

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IT IS SO STIPULATED.

2 Dated: May 14, 2015

DUANE MORRIS LLP

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By: /s/ Jess R. Booth
Julie A. Vogelzang
Edward M. Cramp
Courtney L. Baird
Jess R. Booth
Attorneys for Defendant
B&H EDUCATION, INC.

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Dated: May 14, 2015

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RUDY, EXELROD, ZIEFF & LOWE, LLP
By: /s/ Chaya M. Mandelbaum
David A. Lowe
Chaya M. Mandelbaum
Michelle G. Lee
Attorneys for Plaintiffs
JACQUELINE BENJAMIN, PATRICIA CAULEY,
BRYAN GONZALEZ and TAIWO KOYEJO

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Joint Stipulation and Proposed Order; 13-CV-04993 VC
DM1\5616521.2

[PROPOSED] ORDER AS MODIFIED

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2

Upon consideration of the Joint Stipulation Regarding Schedule for Filing Cross-Motions for

3 Summary Judgment and Proposed Order between Plaintiffs and Defendant and good cause shown
4 IT IS HEREBY ORDERED as follows:
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The Case Management Order [dkt. 62] is amended to reflect the jointly stipulated schedule

6 for submitting cross-motions for summary judgment as follows:
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DATE

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June 16, 2015

Plaintiffs File Motion for Summary Judgment

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July 14, 2015

Defendant Files Opposition Memorandum and
Motion for Summary Judgment

August 11, 2015

Plaintiffs File Opposition and Reply Memorandum

August 25, 2015

Defendant Files Reply Memorandum

September 17, 2015
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Hearing on Cross-Motions for Summary Judgment

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16 IT IS SO ORDERED.

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Dated: May 19, 2015

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______________________________________
ED
HON. VINCEO ORDER
S CHHABRIA

IT IS
IFIED
S MOD
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Joint Stipulation and Proposed Order; 13-CV-04993 VC
DM1\5616521.2

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