Cheng v. Winco Foods, LLC et al

Filing 33

STIPULATION AND ORDER re 29 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference and Related Dates filed by Winco Holdings, Inc, Winco Foods, LLC. Case Management Statement due by 5/21/2014. Initial Case Management Conference set for 6/4/2014 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on April 14, 2014. (wsn, COURT STAFF) (Filed on 4/14/2014)

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1 2 3 4 5 6 7 8 9 10 11 12 SEYFARTH SHAW LLP Nick C. Geannacopulos (SBN 114822) ngeannacopulos@seyfarth.com Laura Maechtlen (SBN 224923) lmaechtlen@seyfarth.com Brian Wong (SBN 260913) bwong@seyfarth.com Courtney K. Bohl (SBN 278812) cbohl@seyfarth.com 560 Mission Street, 31st Floor San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 SEYFARTH SHAW LLP Kristina M. Launey (SBN 221335) klauney@seyfarth.com 400 Capitol Mall, Suite 2350 Sacramento, CA 95814-4428 Telephone: (916) 448-0159 Facsimile: (916) 558-4839 Attorneys for Defendants WINCO FOODS, LLC and WINCO HOLDINGS, INC. 13 14 15 16 17 18 19 20 21 22 23 24 JON M. ICHINAGA (#137290) Chief Counsel MARI MAYEDA (#110947) Associate Chief Counsel Mari.Mayeda@dfeh.ca.gov JULIA L. MONTGOMERY (#184083) Senior Staff Counsel Julie.Montgomery@dfeh.ca.gov ALEXANDRA SELDIN (#239708) Senior Staff Counsel Alexandra.Seldin@dfeh.ca.gov KATHLEEN W. MIKKELSON (#56896) Senior Staff Counsel Kathy.Mikkelson@dfeh.ca.gov DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING 2218 Kausen Drive, Suite 100 Elk Grove, CA 95758 Telephone: (916) 478-7251 Facsimile: (888) 382-5293 Attorneys for Phyllis W. Cheng, Director of The Department of Fair Employment and Housing 25 26 UNITED STATES DISTRICT COURT 27 NORTHERN DISTRICT OF CALIFORNIA 28 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DATES CASE NO. CV-14-00483 JST 17113043v.2 1 2 3 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, Case No. CV-14-00483 JST STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DATES 4 Date: Time: Courtroom: Judge: Plaintiff, 5 v. May 7, 2014 2:00 P.M. 9 (19th Floor) Hon. Jon S. Tigar 6 7 WINCO FOODS, LLC; WINCO HOLDINGS, INC., 8 Defendants. ______________________________________ 9 10 CRISTINA VERDUZCO, an Individual; and ANGELINA GONZALEZ-DIAZ, an Individual, and all other similarly situated individuals, 11 Real Parties in Interest. 12 13 Pursuant to Civil Local Rule 7-12, Defendants WINCO FOODS, LLC and WINCO 14 HOLDINGS, INC. (collectively “Defendants” or “WinCo”) and Plaintiff PHYLLIS W. CHENG, in her 15 official capacity as DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT 16 AND HOUSING (“DFEH” or “Plaintiff”) stipulate that the Case Management Conference presently 17 scheduled for May 7, 2014 at 2:00 p.m. be continued to June 4, 2014, and that all related deadlines be 18 modified accordingly. 19 Counsel for all Parties have met and conferred, and agreed that it would be in the Parties’ and the 20 Court’s interest to continue the Case Management Conference. The Parties believe it would be 21 reasonable to continue the Case Management Conference to follow the Court’s ruling on the pending 22 motion to dismiss, scheduled to be heard on April 24, 2014, as it could affect the scope of issues and 23 case management statement. 24 25 Based on the foregoing, Plaintiff and Defendants respectfully request that the Case Management Conference currently scheduled for May 7, 2014, be continued to June 4, 2014. 26 27 28 2 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DATES CASE NO. CV-14-00483 JST 17113043v.2 1 2 DATED: April 14, 2014 Respectfully submitted, 3 SEYFARTH SHAW LLP 4 5 By: /s/ Kristina M. Launey Nick C. Geannacopulos Laura Maechtlen Kristina M. Launey Brian Wong Courtney K. Bohl 6 7 8 Attorneys for Defendants WINCO FOODS, LLC and WINCO HOLDINGS, INC. 9 10 11 DATED: April 14, 2014 DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING 12 13 By: /s/ Julia L. Montgomery Alexandra Seldin Julia L. Montgomery 14 15 Attorneys for Plaintiff Phyllis W. Cheng, Director of the California Department of Fair Employment and Housing 16 17 18 SIGNATURE ATTESTATION 19 20 21 22 Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document has been obtained from the signatory Alexandra Seldin. DATED: April 14, 2014 23 By: /s/ Kristina M. Launey Kristina M. Launey 24 25 26 27 28 3 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DATES CASE NO. CV-14-00483 JST 17113043v.2 1 2 [PROPOSED] ORDER GOOD CAUSE APPEARING, it is hereby ORDERED that the Case Management Conference, 3 currently set for May 7, 2014, at 2:00 p.m.is continued to June 4, 2014 at 2:00 p.m. Pursuant to this 4 Court’s Standing Order, the Parties’ Joint Case Management Statement will be due no fewer than 10 5 days before the Case Management Conference. PURSUANT TO STIPULATION, IT IS SO ORDERED. S NO 10 RT 11 ER H 12 n J u d ge J o 13 R NIA 9 ____________________________ The Honorable Jon S. TigarRED ORDE Judge, United States District Court T IS SO I For the Northern District of California S . Ti ga r FO By: LI DATED: April 14, 2014 A 8 RT U O 7 S DISTRICT TE C TA UNIT ED 6 N F D IS T IC T O R C 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DATES CASE NO. CV-14-00483 JST 17113043v.2

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