Hernandez v. DMSI Staffing, LLC et al

Filing 62

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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 28 PARTIES’ JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 2 The Parties hereby submit this Joint Case Management Conference Statement. 3 On February 3, 2015, the Court issued its Order granting in part and denying 4 in part Defendants’ Motion to Compel Arbitration (Dkt. # 39). On March 6, 2015 at 5 the Parties’ request the Court reset the further case management conference from 6 March 26, 2015 to December 17, 2015 and directed the Parties to file an updated 7 Joint Report by December 10. (Dkt. # 55). 8 On February 27, 2015 Defendants filed their Notice of Appeal of the Court’s 9 Order denying Defendants’ motion to compel individual arbitrations of Plaintiff’s 10 Second Cause of Action under the California Private Attorney General Act, 11 (“PAGA”). On August 10, 2015, Defendants submitted their Opening Brief with 12 the United States Court of Appeals for the Ninth Circuit Case. No. 15-15366. On 13 October 23, Plaintiff submitted her Answering Brief with the Ninth Circuit. 14 Defendants’ Reply Brief is due on December 4. 15 16 Defendants’ appeal is undecided. The Ninth Circuit has not scheduled the date for oral argument. 17 Consequently, the Parties request that the further case management 18 conference be continued from December 17, 2015 by six months pending resolution 19 of Defendants’ appeal. 20 Dated: December 3, 2015 21 LAW OFFICES OF NEAL J. FIALKOW, INC. By: 24 /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 22 23 26 27 28 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 1 2 Signature Attestation Pursuant to Civil Rule 5-1(i)(3) I hereby attest that all signatures are listed, 3 on whose behalf the filing is submitted, concur in the filing’s content and have 4 authorized the filing. 5 Dated: December 3, 2015 LAW OFFICES OF NEAL J. FIALKOW, INC. 6 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. 7 8 9 10 ER R NIA ERED . Chen FO dward M LI Judge E H 17 RT 16 NO 15 O ORD IT IS S A 14 RT U O 13 S 12 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 11 N F D IS T IC T O R C 18 19 20 21 22 23 24 25 26 27 28 -2PARTIES’ JOINT CASE MANAGEMENT CONFERENCE STATEMENT An updated

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