Hernandez v. DMSI Staffing, LLC et al
Filing
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ORDER RESETTING CMC FROM 12/17/15 to 6/2/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Case Management Statement due by 5/26/2016. Signed by Judge Edward M. Chen on 12/3/15. (bpf, COURT STAFF) (Filed on 12/3/2015)
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NEAL J. FIALKOW (SBN 74385)
nfialkow@pacbell.net
JAMES S. CAHILL (SBN 70353)
jscahilllaw@aol.com
LAW OFFICE OF NEAL J. FIALKOW, INC.
215 N. Marengo Ave., 3rd Floor
Pasadena, CA 91101
Telephone: (626) 584-6060
Facsimile: (626) 584-2950
SAHAG MAJARIAN II (SBN 146621)
sahagii@aol.com
LAW OFFICES OF SAHAG MAJARIAN, II
18250 Ventura Blvd.
Tarzana, California 91356
Telephone: (818) 609-0807
Facsimile: (818) 609-0892
Attorneys for Plaintiff, MARTINA HERNANDEZ, an individual
and on behalf of all others similarly situated
Gregory D. Wolflick (SBN 108699)
greg@wolfsim.com
David B. Simpson (SBN 106326)
dave@wolfsim.com
Zoe J. Sussman (SBN 288118)
zoe@wolfsim.com
Wolflick & Simpson
130 N. Brand Blvd., Suite 410
Glendale, CA 91203
Telephone: (818) 243-8300
Facsimile: (818) 243-0122
Attorneys for Defendants DMSI Staffing, LLC and Ross Stores
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION
Case No.: 3:14-CV-01531-EMC
MARTINA HERNANDEZ, an
individual, appearing individually and on
[Assigned for All Purposes to the
behalf of all others similarly situated,
Honorable Edward M. Chen, Crtm. 5]
Plaintiff,
PARTIES’ JOINT CASE
MANAGEMENT CONFERENCE
vs.
STATEMENT
DMSI STAFFING LLC, ROSS
STORES, INC. and DOES 1 through 30, Date: December 17, 2015
Time: 10:30 a.m.
inclusive,
Dept.: 5, 17th Floor
Defendants.
Complaint Filed: February 27, 2014
Trial Date:
None Set
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PARTIES’ JOINT CASE MANAGEMENT CONFERENCE STATEMENT
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The Parties hereby submit this Joint Case Management Conference
Statement.
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On February 3, 2015, the Court issued its Order granting in part and denying
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in part Defendants’ Motion to Compel Arbitration (Dkt. # 39). On March 6, 2015 at
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the Parties’ request the Court reset the further case management conference from
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March 26, 2015 to December 17, 2015 and directed the Parties to file an updated
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Joint Report by December 10. (Dkt. # 55).
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On February 27, 2015 Defendants filed their Notice of Appeal of the Court’s
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Order denying Defendants’ motion to compel individual arbitrations of Plaintiff’s
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Second Cause of Action under the California Private Attorney General Act,
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(“PAGA”). On August 10, 2015, Defendants submitted their Opening Brief with
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the United States Court of Appeals for the Ninth Circuit Case. No. 15-15366. On
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October 23, Plaintiff submitted her Answering Brief with the Ninth Circuit.
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Defendants’ Reply Brief is due on December 4.
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Defendants’ appeal is undecided. The Ninth Circuit has not scheduled the
date for oral argument.
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Consequently, the Parties request that the further case management
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conference be continued from December 17, 2015 by six months pending resolution
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of Defendants’ appeal.
20 Dated: December 3, 2015
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LAW OFFICES OF NEAL J. FIALKOW, INC.
By:
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/s/ James S. Cahill
James S. Cahill
Neal J. Fialkow
Attorneys for Plaintiff, Martina Hernandez,
individually and on behalf of all others similarly
situated.
25 Dated: December 3, 2015
WOLFLICK & SIMPSON
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By:
/s/ Gregory D. Wolflick
Gregory D. Wolflick
David B. Simpson
Attorneys for Defendants, DMSI Staffing, LLC
and Ross Stores
-1PARTIES’ JOINT CASE MANAGEMENT CONFERENCE STATEMENT
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Signature Attestation
Pursuant to Civil Rule 5-1(i)(3) I hereby attest that all signatures are listed,
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on whose behalf the filing is submitted, concur in the filing’s content and have
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authorized the filing.
5 Dated: December 3, 2015
LAW OFFICES OF NEAL J. FIALKOW, INC.
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By:
/s/ James S. Cahill
James S. Cahill
Neal J. Fialkow
Attorneys for Plaintiff, Martina Hernandez,
individually and on behalf of all others similarly
situated.
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ER
R NIA
ERED
. Chen
FO
dward M
LI
Judge E
H
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RT
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NO
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O ORD
IT IS S
A
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RT
U
O
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S
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IT IS SO ORDERED that the further CMC is reset from 12/17/15 to 6/2/16 at 10:30 a.m.
joint CMC statement shall be filed by 5/26/16.
_________________________
ISTRIC
ES D
TC
Edward M. Chen
AT
T
U.S. District Judge
UNIT
ED
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D IS T IC T O
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-2PARTIES’ JOINT CASE MANAGEMENT CONFERENCE STATEMENT
An updated
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