Cheng v. Winco Foods, LLC et al

Filing 19

STIPULATION AND ORDER re 18 STIPULATION WITH PROPOSED ORDER re 10 MOTION to Dismiss Stipulation to Extend Time to File Plaintiff's Opposition to Defendant's Motion to Dismiss Complaint and Defendant's Reply Brief; [Proposed] Order filed by Phyllis W. Cheng. Signed by Judge Jon S. Tigar on March 13, 2014. (wsn, COURT STAFF) (Filed on 3/13/2014)

1
2
3
4
5
6
7
8
9

JON M. ICHINAGA (#137290)
Chief Counsel
[e-mail]
MARI MAYEDA (#110947)
Associate Chief Counsel
[e-mail]
ALEXANDRA SELDIN (#239708)
Senior Staff Counsel
[e-mail]
JULIA L. MONTGOMERY (#184083)
Senior Staff Counsel
[e-mail]
DEPARTMENT OF FAIR EMPLOYMENT
AND HOUSING
2218 Kausen Drive, Suite 100
Elk Grove, CA 95758
Telephone: [phone]
Fax: [phone]

10
11

Attorneys for Plaintiff
Phyllis W. Cheng, Director of the California
Department of Fair Employment and Housing

12
UNITED STATES DISTRICT COURT
13
NORTHERN DISTRICT OF CALIFORNIA
14
15
16
17

PHYLLIS W. CHENG, in her official capacity
as DIRECTOR OF THE CALIFORNIA
DEPARTMENT OF FAIR EMPLOYMENT
AND HOUSING, an agency of the State of
California, on behalf of Real Parties in Interest
and all Similarly Situated Individuals,

18
Plaintiff,
19

v.

20

WINCO FOODS, LLC; WINCO HOLDINGS,
INC.,
Defendants.
______________________________________

21
22
23
24

CRISTINA VERDUZCO, an Individual; and
ANGELINA GONZALEZ-DIAZ, an
Individual, and all other similarly situated
individuals,

25
26

Real Parties in Interest.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO: 3:14-CV-00483 JST
STIPULATION TO EXTEND TIME TO
FILE PLAINTIFFS’ OPPOSITION TO
DEFENDANT’S MOTION TO DISMISS
COMPLAINT AND DEFENDANT’S
REPLY BRIEF; [PROPOSED] ORDER

27
COURT PAPER
State of California
Std. 113 Rev. 3-95
FE&H Automated

-1_______________________________________________________________________________________________
Stipulation To Extend Time To File Opposition and Reply Briefs; [Proposed] Order - Case No. 3:14-CV-00483 JST

1

Pursuant to Civil Local Rule 6-1(b) and 6-2(a), Plaintiff PHYLLIS W. CHENG, in her

2

official capacity as DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FAIR

3

EMPLOYMENT AND HOUSING (“DFEH”) and Defendants WINCO FOODS, LLC and WINCO

4

HOLDINGS, INC. (“Defendant”) stipulate to the following:

5
6
7
8
9
10
11

1.

On March 4, 2014, Defendant filed the Notice of Motion and Motion to Dismiss

Plaintiff’s Complaint; Memorandum of Points and Authorities in Support Thereof (“Motion”),
(Docket No. 10). The Motion was noticed for hearing on April 10, 2014.
2.

On March 5, 2014, the Court issued a Notice Continuing Motion Hearing as to

Motion to Dismiss, to April 24, 2014 (Docket No. 14).
3.

The Parties stipulate that the deadlines to file Plaintiff’s Opposition and Defendant’s

12
Reply may be extended by one week each, so that DFEH may file and serve the Opposition to
13
14
15
16

Defendant’s Motion to Dismiss on or before March 25, 2014, and Defendants may file and serve a
Reply in Support of the Motion to Dismiss on or before April 8, 2014.
4.

The parties further stipulate to cooperate and grant each other courtesy extensions as

17

they are needed in discovery or otherwise in litigation to the extent those extensions will not

18

jeopardize the parties’ respective interests.

19
20
Respectfully Submitted,

21
22

Dated: March 11, 2014

DEPARTMENT OF FAIR EMPLOYMENT AND
HOUSING

23
24
25

By:

/s/

Alexandra Seldin________
Alexandra Seldin
Attorneys for Plaintiff DFEH

26
27
COURT PAPER
State of California
Std. 113 Rev. 3-95
FE&H Automated

-2_______________________________________________________________________________________________
Stipulation To Extend Time To File Opposition and Reply Briefs; [Proposed] Order - Case No. 3:14-CV-00483 JST

1

Dated: March 12, 2014

SEYFARTH SHAW, LLP

2
By:

3

/s/

Kristina Launey_________
Kristina Launey
Attorneys for Defendant

4
5
6
7
8
9
10
11

Pursuant to the parties’ stipulation and the accompanying Declaration of Alexandra Seldin, it
is hereby ORDERED that Plaintiff will file and serve its Opposition to Defendants’ Motion to
Dimiss on or before March 25, 2014, and Defendant will file and serve its Reply on or before April
8, 2014.
Pursuant to stipulation, IT IS SO ORDERED.

12
13
Dated: March 13, 2014
14
15

By:

____________________________________
The Honorable Jon S. Tigar
Judge, United States District Court
For the Northern District of California

16
17
18
19
20
21
22
23
24
25
26
27
COURT PAPER
State of California
Std. 113 Rev. 3-95
FE&H Automated

-3_______________________________________________________________________________________________
Stipulation To Extend Time To File Opposition and Reply Briefs; [Proposed] Order - Case No. 3:14-CV-00483 JST