Woods et al v. Vector Marketing Corporation

Filing 167

STIPULATION AND ORDER re 165 STIPULATION WITH PROPOSED ORDER Re Briefing and Hearing Schedule on Plaintiffs' Motion for Leave to File Plaintiffs' First Amended Complaint filed by Samuel Barone-Crowell, Dominic Seale, Casey McCaleb, Eric Essler, Wesley Varughese, William Woods, Set/Reset Deadlines as to 165 STIPULATION WITH PROPOSED ORDER Re Briefing and Hearing Schedule on Plaintiffs' Motion for Leave to File Plaintiffs' First Amended Complaint< /i>, 166 MOTION for Leave to File Plaintiffs' First Amended Complaint. Responses due by 6/3/2015 5:00 p.m. Replies due by 6/4/2015 5:00 p.m. Motion Hearing set for 6/11/2015 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen.. Signed by Judge Edward M. Chen on 6/1/15. (bpf, COURT STAFF) (Filed on 6/1/2015)

1 MARLIN & SALTZMAN, LLP

Stanley D. Saltzman, Esq. (SBN 090058)

2 Christina Humphrey, Esq. (SBN 226326)
Leslie H. Joyner, Esq. (SBN 262705)

3 29229 Canwood Street, Suite 208
Agoura Hills, California 91301
[phone]
Facsimile:
[phone]
5 [e-mail]
[e-mail]
6 [e-mail]

4 Telephone:

7 DIVERSITY LAW GROUP, A Professional Corporation
Larry W. Lee, Esq. (SBN 228175)

8 550 S. Hope St., Suite 2655

Los Angeles, California 90071

9 Telephone: [phone]
Facsimile:
[phone]
10 [e-mail]
11 [e-mail]
12 Attorneys for Plaintiffs
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15 WILLIAM WOODS (CA), DOMINIC SEALE
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(FL), WESLEY VARUGHESE (IL), ERIC
ESSLER (MI), KRISTINA WILLS (MN),
CASEY MCCALEB (MO), SAMUEL
BARONE-CROWELL (NY), LOWELL
HARVARD JR. (NY), ALTWELL WINFIELD
(NY), TIFFANY REINHART (OH), individually
and on behalf of all other similarly situated
individuals,

CASE NO. 14-CV-00264-EMC
(Hon. Edward M. Chen)
STIPULATION AND PROPOSED
ORDER RE BRIEFING AND HEARING
SCHEDULE ON PLAINTIFFS’
MOTION FOR LEAVE TO FILE
PLAINTIFFS’ FIRST AMENDED
COMPLAINT
(Modified)

Plaintiffs,
v.

CLASS ACTION

22
VECTOR MARKETING CORPORATION and

23 DOES 1 through 20, inclusive,
24

Defendants.

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Stipulation and Proposed Order Re Briefing andHearing Schedule
on Motion for Leave to File First Amended Complaint
Case No. 14-CV-00264-EMC

1

This stipulation is entered into by and between Plaintiffs William Woods, Dominic Seale,

2 Wesley Varughese, Eric Essler, and Samuel Barone-Crowell (“Plaintiffs”) and Defendant Vector
3 Marketing Corporation (“Defendant,” or collectively with Plaintiffs, the “Parties”) by and through
4 their counsel of record, with reference to the following facts:
5 A.

On or about January 16, 2014, Plaintiffs filed their Class and Collective Action Complaint

6 (“Complaint”) in the above-captioned action;
7 B.

On or about May 22, 2015, this Court issued its Order Granting In Part and Denying in Part

8 Defendant’s Motion for Partial Summary Judgment. (Doc. 164). In its Order this Court held that
9 proposed representative plaintiff for the Missouri Class, Casey McCaleb’s claim for unpaid wages
10 under the Missouri Minimum Wage Act was time barred. This court further stated that Plaintiffs may
11 bring a Rule 15 motion to amend to add a new plaintiff and that Plaintiffs may seek leave to bring
12 their Rule 15 motion on an expedited basis. (Order at p. 12).
13 C.
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The Parties have agreed to the following briefing and hearing schedule:
•

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May 29, 2015 – Plaintiffs submit Motion to Amend Complaint to Add a Party
Pursuant to FRCP 15(a)

•

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June 5, 2015 – Defendant submits Opposition to Plaintiff’s Motion to Amend
Complaint to Add a Party Pursuant to FRCP 15(a)

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•

June 8, 2015 – Plaintiffs submit Reply

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•

June 11, 2015 – Proposed Hearing Date; or parties will agree to submit on the papers

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at the Court’s discretion.
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through

22 their respective counsel of record and subject to this Courts approval, that Plaintiffs will submit their
23 Motion to Amend on May 29, 2015; Defendant will submit its Opposition to Plaintiffs’ Motion on
24 June 5, 2015; Plaintiffs will submit their Reply on June 8, 2015 and the hearing on Plaintiffs’ Motion
25 will be held on June 11, 2015, or submit based on the papers at the Court’s discretion.
26

This Stipulation is without prejudice to any of Defendant’s defenses or other rights in this

27 action, including (without limitation) the right to oppose the motion to amend.
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Stipulation and Proposed Order Re Briefing andHearing Schedule
on Motion for Leave to File First Amended Complaint
Case No. 14-CV-00264-EMC

1

SO STIPULATED.

2 DATED: May 29, 2015

MARLIN & SALTZMAN, LLP
DIVERSITY LAW GROUP APC

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By:

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5
6

/s/ Christina A. Humphrey
Stanley D. Saltzman, Esq.
Christina A. Humphrey, Esq.
Leslie H. Joyner, Esq.
Attorneys for Plaintiffs

7 DATED: May 29, 2015
8

MORRISON & FOERSTER
PHILLIPS LYTLE LLP

9

By:

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/s/ Karen J. Kubin
Karen J. Kubin
Attorneys for Defendant
Vector Marketing Corporation

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SIGNATURE ATTESTATION

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In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
document has been obtained from the signatories on this e-filed document.

16 DATED: May 29, 2015

/s/ Christina A. Humphrey
Christina A. Humphrey

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[Proposed] ORDER

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Good cause appearing, the Parties’ Stipulated Briefing and Hearing Schedule set forth above

22 is hereby approved and made an Order of the Court.
23
6/1/15

24 DATED: _______________

S

R NIA

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NO

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Stipulation and Proposed Order M. Che
rd Re Briefing andHearing Schedule
ge Edwa to File First Amended Complaint
Jud
on Motion for Leave
Case No. 14-CV-00264-EMC

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D
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IS SO O FIED
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UNIT
ED

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S DISTRICT
TE
Honorable EdwardC Chen
M.
TAUnited States District Judge

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Opposition due 6/3/15 5:00 p.m.
Reply due 6/4/15 5:00 p.m.
Hearing set for 6/11/15 at 1:30 p.m.

A

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