Hernandez v. DMSI Staffing, LLC et al

Filing 55

ORDER RESETTING CMC. Case Management Statement due by 12/10/2015. Further Case Management Conference set for 12/17/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 3/6/15. (bpf, COURT STAFF) (Filed on 3/6/2015)

GREGORY D. WOLFLICK (SBN 108699)
DAVID B. SIMPSON (SBN 106326)
2 WOLFLICK & SIMPSON
3 130 N. Brand Boulevard, Suite 410
Glendale, California 91203
4 Tel: [phone]; Fax: [phone]
5 [e-mail]; [e-mail]
1

6
7

Attorneys for Defendants ROSS STORES, INC. and
DMSI STAFFING, LLC

8

[Additional Counsel of Record Information Appears on Next Page]

9

UNITED STATES DISCTRICT COURT

10

NORTHEN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12

13

25

MARTINA HERNANDEZ, an
)
individual, appearing individually and )
on behalf of all others similarly situated,)
)
)
Plaintiff,
)
)
vs .
)
)
DMSI STAFFING LLC, ROSS
STORES, INC.; and DOES 1 through )
)
30, inclusive,
)
)
Defendants.
)
)
)
)
_ _ _ __ _ _ _ _ _ _ _ _)

26

III

14

15
16
17
18

19

20
21

22
23

24

27

28

CASE NO.: 3:14-CV-01531- EMC
[Honorable Edward M. Chen]
PARTIES' JOINT REPORT RE:
FUTURE PROCEEDINGS
FOLLOWING COURT'S ORDER
ON DEFENDANTS' MOTION TO
COMPEL ARBITRATION

March 26, 2015
10:30 a.m.
450 Golden Gate Avenue
San Francisco, CA 94102
Courtroom: 5, 17th Floor

Date:
Time:
Location:

Complaintjiled: 2127114
Trial:
Not yet set

1

PARTIES' JOINT REPORT RE: FUTURE PROCEEDINGS FOLLOWING
COURT'S ORDER ON DEFENDANTS' MOTION TO COMPEL
ARBITRATION

2
3
4
5

Neal J. Fialkow, Esq. (SBN 74385)
James S. Cahill, Esq. (SBN 70353)
Law Offices of Neal J. Fialkow, Inc.
215 North Marengo Avenue, Third FIr.
Pasadena, CA 91101
Tel: [phone]; Fax: [phone]
[e-mail]

6 Sahag Majarian II, Esq.
7 Law Offices of Sahag Majarian, II
18250 Ventura Boulevard
8 Tarzana, CA 91356
9 Tel: [phone]; Fax: [phone]
[e-mail]
10
11

Attorneys for Plaintiff Martina Hernandez

12
13

14

15
16
17

18
19

20
21

22
23
24

25

26

•

27

28

2

PARTIES' JOINT REPORT RE: FUTURE PROCEEDINGS FOLLOWING
COURT'S ORDER ON DEFENDANTS' MOTION TO COMPEL
ARBITRATION

On February 3, 2015 , the Court issued its order granting in part and denying
2

in part Defendants' Motion to Compel Arbitration (Docket No. 39). At the

3

conclusion of that order, the Court directed the parties to meet and confer regarding

4

their views on how to proceed in light of the Court's holding.

5

The parties have now had an opportunity to meet and confer as the Court

6

ordered. Based on those discussions, Defendants have advised Plaintiff that

7

Defendants intend to file an appeal of the Court's order and in particular, the

8

Court's denial of Defendants' request to Compel Arbitration of Plaintiffs claim

9

under the Private Attorney General Act, California Labor Code § 2698, et seq.

10

Said appeal must be lodged on or before March 5, 2015. Defendant will

II

lodge the appeal on or before said date and, well in advance of the next case

12

management conference scheduled in this matter for March 26, 2015.

13

14
15

In light of such, the Parties request that once the appeal is lodged, the Court
vacate the CMC currently scheduled for March 26, 2015.
Respectfully submitted.
WOLF LICK & SIMPSON

16

17

By: ~~~____~___

Dated: February 27, 2015.

18

GREGORY D. WOLF LICK
ttorneys for Defendants DMSI STAFFING,
LLC and ROSS STORES, INC.

19

20

3

PARTIES' JOINT REPORT RE: FUTURE PROCEEDINGS FOLLOWING
. Chen
dward M
Judg
COURT'Se EORDER ON DEFENDANTS' MOTION TO COMPEL
ER
ARBITRATION
C
N
F
NO

28

ERED
O ORD D
IT IS S
DIFIE
AS MO

R NIA

27

/

s
By: /
I
, NEAL J. FIALKOW
JAMES S. CAHILL
Attorneys for Plaintiff MARTINA
HERNANDEZ individually and on behalf
of all others similarly situated

RT
U
O

26

RT

FO

25

H

LI

24

A

23

IT IS SO ORDERED that the CMC
is reset from 3/26/15 to 12/17/15
at 10:30 a.m. An updated joint
CMC statement shall be filed
by 12/10/15.
_________________________
ISTRIC
ES D
TC
Edward M. Chen T
TA
U.S. District Judge
S

22

LAW OFFICES OF NEAL J. FIALKOW

Dated: February 27, 2015.

UNIT
ED

21

D IS T IC T O
R

.-

2
3

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

4

I am employed in the county of Los Angeles, State of California. I am over
the age of 18 and not a party to the within action; my business address is 130 North
6 Brand Boulevard, Suite 410, Glendale, California 91203.
5

7

On February 27, 2015, I served the foregoing document described as:
8 PARTIES' JOINT REPORT RE: FUTURE PROCEEDINGS FOLLOWING
9 COURT'S ORDER ON DEFENDANTS' MOTION TO COMPEL
ARBITRATION addressed as follows:
10

11

I~~~=-~--=---------------~~~~~~~~----------~

Neal J. Fialkow, Esq.
LA W OFFICES OF
12 NEAL 1. FIALKOW, INC.
13 215 North Marengo Avenue, Third Floor
Pasadena, CA 91101
14 Tel: [phone]
15 Fax: [phone]
Attorneys for Plaintiff
16

Sahag Majarian II, Esq.
LAW OFFICES OF
SAHAG MAJARlAN, II
18250 Ventura Boulevard
Tarzana, CA 91356
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff

I~--------------------------~--------------------------~

17

18
19

20

XXX (BY ELECTRONIC SERVICE VIA CMIECF SYSTEM) In accordance
with the electronic filing procedures of this Court, service has been effected
on the parties above, whose counsel of record is a registered participant in
CMlECF, via electronic service through the CMICEF system.

21
22
23
24

XXX (FEDERAL) I declare that I am employed in the office of a member of the
bar of this Court at whose direction the service was made.

Executed on February 27, 2015, at Glendale, California.

25

26

lsi Katie Ferguson

27
28
1

PROOF OF SERVICE