Patel v. Nike Retail Services, Inc. et al

Filing 19

STIPULATION AND ORDER re 18 STIPULATION WITH PROPOSED ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE AND RELATED DATES filed by Nike Retail Services, Inc. Signed by Judge Jon S. Tigar on May 20, 2014. (wsn, COURT STAFF) (Filed on 5/20/2014)

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BLUMENTHAL, NORDREHAUG & BHOWMIK
Norman B. Blumental
Kyle R. Nordrehaug
Aparajit Bhowmik
2255 Calle Clara
La Jolla, California 92037
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
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SEYFARTH SHAW LLP
Jon D. Meer (SBN 144389)
[e-mail]
Sheryl L. Skibbe (SBN 199441)
[e-mail]
Casey J.T. McCoy (SBN 229106)
[e-mail]
2029 Century Park East, Suite 3500
Los Angeles, California 90067-3021
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
NIKE RETAIL SERVICES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAYAL PATEL, an individual, on behalf of
herself, on behalf of all persons similarly
situated, and as the representative of the State
of California,

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Plaintiff,
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v.

Case No. 3:14-cv-00851
Judge: Hon. Jon S. Tigar
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE THE CASE
MANAGEMENT CONFERENCE AND
RELATED DEADLINES

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NIKE RETAIL SERVICES, INC., a
Corporation; and DOES 1 through 50,
inclusive,

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Defendants.

Complaint Filed: November 25, 2013
Complaint Served: February 7, 2014
Case Removed: February 26, 2014

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES

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STIPULATION

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Pursuant to Federal Rule of Civil Procedure 6(b), Defendant NIKE Retail Services, Inc.

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(“Defendant”) and Plaintiff Payal Patel (“Plaintiff”) (collectively, the “Parties”), acting by and

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through their respective counsel, hereby stipulate and request that the Court continue the current

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Case Management Conference and related deadlines for the Parties to conduct their initial Rule

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26(f) conference, exchange initial disclosures, and to file a Joint Case Management Statement

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pursuant to Local Rule 16-9. This stipulation is based on the following facts:

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WHEREAS, Plaintiff’s Motion to Remand was heard on May 8, 2014;

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WHEREAS, Plaintiff’s Motion to Remand was taken under submission and no ruling has

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been issued by this Court;
WHEREAS, the deadline for the parties to meet and confer pursuant to Federal Rule of
Civil Procedure 26(f) was May 14, 2014;
WHEREAS, the Parties are to file their Joint Case Management Statement and exchange
initial disclosures by tomorrow, May 20, 2014;

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WHEREAS, the Case Management Conference is scheduled for June 4, 2014;

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WHEREAS, the Parties agree that the pending Motion to Remand should be resolved

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before the Parties and the Court expend time and resources on conferences, reports and

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disclosures;

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WHEREAS, the Parties’ jointly request that the Court continue the current Case

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Management Conference and related deadlines to a date after the Court rules on Plaintiff’s

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Motion to Remand;

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WHEREAS, no prior extension of time has been requested by the Parties;

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THEREFORE, the Parties hereby stipulate and request the Court to continue the Case

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Management Conference, currently schedule for June 4, 2014, to a date at least three (3) weeks

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after the Court rules on Plaintiff’s Motion to Remand.

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The Parties further stipulate and propose to continue the related deadlines as follows:

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES

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the Court issues its order on Plaintiff’s Motion to Remand;

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The Parties shall engage in the Initial Rule 26(f) Conference seven (7) days after



The Parties shall file a Joint Case Management Statement pursuant to Local Rule

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16-9 fourteen (14) days after the Court issues its order on Plaintiff’s Motion to

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Remand;

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The Parties shall exchange initial disclosures fourteen (14) days after the Court
issues its order on Plaintiff’s Motion to Remand;

IT IS SO STIPULATED.
DATED: May 19, 2014

SEYFARTH SHAW LLP

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By: /s/ Casey J.T. McCoy
Jon D. Meer
Sheryl L. Skibbe
Casey J.T. McCoy
Attorneys for Defendant
NIKE RETAIL SERVICES, INC.

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DATED: May 19, 2014

BLUMENTHAL, NORDREHAUG & BHOWMIK

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By: /s/ Aparajit Bhowmik
Norman B. Blumenthal
Kyle R. Nordrehaug
Aparajit Bhowmik
Attorneys for Plaintiff
PAYAL PATEL

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES

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[PROPOSED] ORDER
Good cause appearing and pursuant to the Parties’ above stipulation, the Court GRANTS

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the parties’ request to continue the current Case Management Conference and related deadlines

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for the Parties to conduct their initial Rule 26(f) conference, exchange initial disclosures, and to

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file a Joint Case Management Statement pursuant to Local Rule 16-9, as follows:

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

the Court issues its order on Plaintiff’s Motion to Remand;

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Remand;

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

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The Parties shall exchange initial disclosures fourteen (14) days after the Court
issues its order on Plaintiff’s Motion to Remand;

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The Parties shall file a Joint Case Management Statement pursuant to Local Rule
16-9 fourteen (14) days after the Court issues its order on Plaintiff’s Motion to

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The Parties shall engage in the Initial Rule 26(f) Conference seven (7) days after

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The Case Management Conference is continued to a date at least three (3) weeks
after the Court rules on Plaintiff’s Motion to Remand.

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If the Court denies the motion to remand, the parties shall, within three days of that order,
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jointly move the court to set a specific case management conference date and related deadlines
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ER

R NIA

n S. T
J u d ge J o

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RT

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DIF

AS MO

NO

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_______________________________
Honorable Jon RDERED
S. Tigar
United States District D
IS SO O IE Judge
IT

i ga r

LI

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Dated: May 20, 2014

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ISTRIC
ES D
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IT IS SO ORDERED.

UNIT
ED

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D IS T IC T O
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES