Hernandez v. DMSI Staffing, LLC et al

Filing 49

STIPULATION AND ORDER re 48 STIPULATION WITH PROPOSED ORDER to Continue Further Case Management Conference filed by Martin Hernandez Case Management Statement due by 3/19/2015. Further Case Management Conference set for 3/26/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 1/22/15. (bpf, COURT STAFF) (Filed on 1/22/2015)

Neal J. Fialkow (State Bar No. 74385)
1 [e-mail]
James S. Cahill (State Bar No. 70353)
2 [e-mail]
Law Office of Neal J. Fialkow, Inc.
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215 North Marengo Avenue, Third Floor
4 Pasadena, California 91101
Telephone: [phone]
5 Facsimile: [phone]
6 Sahag Majarian II (State Bar No. 146621)
7 [e-mail]
Law Offices of Sahag Majarian, II
8 18250 Ventura Blvd.
Tarzana, California 91356
9 Telephone: [phone]
Facsimile: [phone]
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11 Attorneys for Plaintiff, MARTINA HERNANDEZ, an individual
and on behalf of all others similarly situated
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[Additional Counsel of Record Information Appears on the Next Page]
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

17 MARTINA HERNANDEZ, an individual,
18 appearing individually and on behalf of all
others similarly situated,
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Plaintiff,

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vs.

23 DMSI STAFFING LLC, ROSS STORES,
INC. and DOES 1 through 30, inclusive,
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LAW OFFICES OF
NEAL J. FIALKOW
215 N. MARENGO AVE.
THIRD FLOOR
PASADENA, CA 91101
[phone]

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Defendants.

Case No.: 3:14-CV-01531-EMC

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ASSIGNED TO THE HONORABLE
EDWARD M. CHEN
STIPULATION TO CONTINUE FURTHER
CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER
Date:
January 29, 2015
Time:
1:15 p.m.
Courtroom: 5, 17th Floor

Complaint Filed: February 27, 2014
Trial Date:
Not yet set

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STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER, 3:14-CV-01531-EMC

Gregory D. Wolflick (SBN 108699)
1 David B. Simpson (SBN 106326)
Zoe J. Sussman (SBN 288118)
2 Wolflick & Simpson
130 N. Brand Blvd.
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Suite 410
4 Glendale, CA 91203
Telephone: [phone]
5 Facsimile: [phone]
Email: [e-mail]; [e-mail]; [e-mail]
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LAW OFFICES OF
NEAL J. FIALKOW
215 N. MARENGO AVE.
THIRD FLOOR
PASADENA, CA 91101
[phone]

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STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER, 3:14-CV-01531-EMC - 0

STIPULATION
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WHEREAS, on November 13, 2015 the Parties appeared for hearing on Defendants’

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motion to compel arbitration and further case management conference. At the hearing

4 Counsel for Plaintiff made an oral Motion to Dismiss Plaintiff’s claim under the Private
5 Attorney General Act, California Labor Code section 2698 et seq. The Court ordered
6 Plaintiff to make his request to dismiss the PAGA claim in writing and the Parties to submit
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supplemental briefs on Plaintiff’s request to dismiss the PAGA claim. The parties submitted

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such supplemental briefs and the Court then took the matter under submission. The Court set
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a further case management conference for January 29, 2015 and directed the Parties to file

11 an updated joint case management conference statement by January 22.
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WHEREAS, the Court has not ruled on Defendants’ motion to compel arbitration.

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WHEREAS, on January 7, 2015 the Parties participated in an ADR Phone

14 Conference with ADR attorney, Mr. Daniel Bowling. In view of the undecided motion to
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compel arbitration, the ADR Phone Conference was continued to February 18, 2015.

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WHEREAS, there has been no discovery and no other hearings are scheduled in this
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case.
WHEREAS, the Parties concur that the January 29, 2015 further case management

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20 conference should be continued for 45 days.
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LAW OFFICES OF
NEAL J. FIALKOW
215 N. MARENGO AVE.
THIRD FLOOR
PASADENA, CA 91101
[phone]

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STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER, 3:14-CV-01531-EMC - 1

IT IS HEREBY STIPULATED by and between attorneys for the Parties that the
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January 29, 2015 further case management conference be continued to March 17, 2015 or to
a date as ordered by the Court at 1:30 p.m.

4 Dated: January , 2015

LAW OFFICE OF NEAL J. FIALKOW, INC.

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By:

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/s/ James S. Cahill
Neal J. Fialkow
James S. Cahill
Attorneys for Plaintiff, Martina
Hernandez, individually and on behalf
of all others similarly situated.

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11 Dated: January , 2015

WOLFLICK & SIMPSON

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By:

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/s/Gregory D. Wolflick
Gregory D. Wolflick
David B. Simpson
Attorneys for Defendants, DMSI
Staffing, LLC and Ross Stores

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Signature Attestation
Pursuant to Civil Rule 5-1(i)(3) I hereby attest that all signatures are listed, on whose

19 behalf the filing is submitted, concur in the filing’s content and have authorized the filing.
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LAW OFFICE OF NEAL J. FIALKOW, INC.

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By:

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LAW OFFICES OF
NEAL J. FIALKOW
215 N. MARENGO AVE.
THIRD FLOOR
PASADENA, CA 91101
[phone]

/s/ James S. Cahill
Neal J. Fialkow
James S. Cahill
Attorneys for Plaintiff, Martina
Hernandez, individually and on behalf
of all others similarly situated.

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STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER, 3:14-CV-01531-EMC - 2

ORDER
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Having read the foregoing Stipulation of the Parties and good cause appearing,
IT IS HEREBY ORDERED that the further case management conference is
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5 continued from January 29, 2015 to March , 2015 at 1:30 p.m.
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10:30 a.m.

IT IS FURTHER ORDERED that the Parties need not file their joint further case
management on January 22, 2015.

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IT IS FURTHER ORDERED that the Parties are to file an updated joint case
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management conference statement five (5) court days before the continued further case

11 management conference.

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LAW OFFICES OF
NEAL J. FIALKOW
215 N. MARENGO AVE.
THIRD FLOOR
PASADENA, CA 91101
[phone]

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STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER, 3:14-CV-01531-EMC - 3