Hernandez v. DMSI Staffing, LLC et al

Filing 64

ORDER resetting CMC. Case Management Statement due by 11/23/2016. Further Case Management Conference reset from 6/2/2016 to 12/1/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 5/26/16. (bpfS, COURT STAFF) (Filed on 5/26/2016)

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NEAL J. FIALKOW (SBN 74385)
[e-mail]
JAMES S. CAHILL (SBN 70353)
[e-mail]
LAW OFFICE OF NEAL J. FIALKOW, INC.
215 N. Marengo Ave., 3rd Floor
Pasadena, CA 91101
Telephone: [phone]
Facsimile: [phone]
SAHAG MAJARIAN II (SBN 146621)
[e-mail]
LAW OFFICES OF SAHAG MAJARIAN, II
18250 Ventura Blvd.
Tarzana, California 91356
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff, MARTINA HERNANDEZ, an individual
and on behalf of all others similarly situated
Gregory D. Wolflick (SBN 108699)
[e-mail]
David B. Simpson (SBN 106326)
[e-mail]
Zoe J. Sussman (SBN 288118)
[e-mail]
Wolflick & Simpson
130 N. Brand Blvd., Suite 410
Glendale, CA 91203
Telephone: [phone]
Facsimile: [phone]
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 ; ORDER
DMSI STAFFING LLC, ROSS
STORES, INC. and DOES 1 through 30, Date: June 2, 2016
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 in part

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Defendants’ Motion to Compel Arbitration (Dkt. # 39). On February 27, 2015 Defendants filed

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their Notice of Appeal of the Court’s Order denying Defendants’ motion to compel individual

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arbitrations of Plaintiff’s Second Cause of Action under the California Private Attorney General

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Act, (“PAGA”). The Parties have filed their briefs with the Ninth Circuit.

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On December 3, 2015 the Court reset the Further Case Management Conference from

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December 17, 2015 to June 2, 2016 and directed the Parties to file an updated Joint Case

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Management Conference Statement by May 26, 2016. (Dkt. # 62).

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Defendants’ appeal is undecided. The Ninth Circuit has not scheduled the date for oral
argument.
Consequently, the Parties request that the further case management conference be
continued from June 2, 2016 by six months pending resolution of Defendants’ appeal.

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Dated: May 3, 2016

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LAW OFFICES OF NEAL J. FIALKOW, INC.
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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Dated: May 3, 2016

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

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-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, on whose

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behalf the filing is submitted, concur in the filing’s content and have authorized the filing.

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Dated: May 3, 2016

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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IT IS SO ORDERED that the CMC
is reset from 6/2/16 to

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12/1/16 at 10:30 a.m.

An updated

joint CMC statement shall be filed

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U. S. District Judge

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by 11/23/16.
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-2PARTIES’ JOINT CASE MANAGEMENT CONFERENCE STATEMENT