Jones v. Centerone Financial Services LLC

Filing 23

ORDER, Motions terminated: 22 STIPULATION WITH PROPOSED ORDER Continuing CMC and Related Deadlines filed by Centerone Financial Services LLC. Initial Case Management Conference set for August 1, 2014 is continued to 9/5/2014 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 6/26/14. (tfS, COURT STAFF) (Filed on 6/26/2014) Modified on 6/26/2014 (tfS, COURT STAFF).

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
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Including Professional Corporations
ANNA S. McLEAN, Cal. Bar No. 142233
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[e-mail]
LIÊN H. PAYNE, Cal. Bar No. 291569
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[e-mail]
Four Embarcadero Center, 17th Floor
5 San Francisco, California 94111-4109
Telephone:
415.434.9100
6 Facsimile:
415.434.3947
7 Attorneys for Defendant
CENTERONE FINANCIAL SERVICES, LLC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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12 MARK R. JONES, individually and on behalf
of all others similarly situated,
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Plaintiff,
v.

Case No. 4:14-cv-01673 SI
STIPULATION AND [PROPOSED]
ORDER CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE AND
RELATED DEADLINES
[Civil Local Rules 6-2 and 7-12]

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17 CENTERONE FINANCIAL SERVICES,
LLC, a corporation; and DOES 1-50,
18 inclusive,

[Complaint filed: March 3, 2014]

Defendant.

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SMRH:425972350.1

STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND RELATED DEADLINES

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Pursuant to the following stipulation, the parties have agreed to, and request that

2 the Court grant, a continuance of the August 1, 2014 Initial Case Management Conference
3 ("CMC") in this action to September 5, 2014 at 2:30 p.m., and that all related deadlines be
4 continued accordingly.
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STIPULATION

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Pursuant to Civil Local Rules 6-2 and 7-12, defendant CenterOne Financial

7 Services, LLC (“CenterOne”) and plaintiff Mark R. Jones (“Jones”) stipulate and request as
8 follows:
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WHEREAS, on April 17, 2014, CenterOne filed a Motion to Dismiss (Docket No.

10 7);
WHEREAS, on April 21, 2014, following reassignment of this action to the

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12 Honorable Susan Illston (Docket No. 9), this Court issued a Clerk’s Notice re-setting the Initial
13 CMC for August 1, 2014 at 2:30 p.m. (Docket No. 11);
WHEREAS, the parties are currently scheduled to meet and confer by July 11,

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15 2014 pursuant to FRCP 26(f)(1), (d)(1); file a joint case management statement by July 25, 2014
16 per Judge Illston’s Standing Order (Docket No. 12); and serve initial disclosures by July 25, 2014
17 pursuant to FRCP 26(a)(1)(C);
WHEREAS, on May 9, 2014, plaintiff filed a motion to remand, setting the hearing

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19 for June 27, 2014 at 9:00 a.m. (Docket No. 15) and this Court issued a Clerk’s Notice on May 14,
20 2014 continuing the hearing on CenterOne’s Motion to Dismiss to June 27, 2014 at 9:00 a.m.
21 (Docket No. 16);
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WHEREAS, on June 18, 2014, this Court issued a Clerk’s Notice continuing the

23 Motion to Dismiss hearing to August 1, 2014 at 9:00 a.m. (Docket No. 21);
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WHEREAS, pursuant to Civil L.R. 6-2(a)(1), the parties have conferred and agree

25 that continuing the CMC and related deadlines until after this Court has ruled on on CenterOne’s
26 Motion to Dismiss and Plaintiff’s Motion to Remand would be in the parties’ best interests and in
27 the interest of judicial economy;
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SMRH:425972350.1

-1STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND RELATED DEADLINES

1

WHEREAS, with respect to Civil L.R. 6-2(a)(2), the previous time modifications in

2 this action include: a) the re-setting of the Initial CMC by the Clerk from July 30, 2014 to August
3 1, 2014 (Docket Nos. 4 and 11); b) the Clerk’s Notice of May 14, 2014 continuing the hearing for
4 CenterOne’s Motion to Dimiss to June 27, 2014 at 9:00 a.m. (Docket No. 16); and c) the Clerk’s
5 Notice of June 18, 2014 continuing the hearing on CenterOne’s Motion to Dimiss to August 1,
6 2014 at 9:00 a.m. (Docket No. 21);
7

WHEREAS, with respect to Civil L.R. 6-2(a)(3), a five-week continuance of the

8 Initial CMC and related deadlines hearings will not, at this early stage, have a significant effect on
9 the overall schedule for this case, and merely re-establishes the timing that existed when the
10 Motion to Dismiss and Motion to Remand were both set for June 27, 2014;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED that the

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12 Court continue the current August 1, 2014 Initial CMC (Docket No. 11) to September 5, 2014 at
13 2:30 p.m. and adjust all related deadlines accordingly.
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E-FILING ATTESTATION

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By her signature below, counsel for CenterOne attests that counsel for all parties

16 whose electronic signatures appear below have concurred in the filing of this Stipulation.
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18 Dated: June 25, 2014
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SHEPPARD, MULLIN, RICHTER & HAMPTON
LLP
By: /s/ ANNA S. McLEAN___________________
ANNA S. MCLEAN
LIÊN H. PAYNE
Four Embarcadero Center, 17th Floor
San Francisco, CA 94111-4106
Telephone: [phone]
Facsimile: 415-434-3947
[e-mail]
[e-mail]

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Attorneys for Defendant
CENTERONE FINANCIAL SERVICES, LLC

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SMRH:425972350.1

-2STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND RELATED DEADLINES

1 Dated: June 25, 2014

KEMNITZER, BARRON & KRIEG, LLP

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By: /s/ BRYAN KEMNITZER
BRYAN KEMNITZER
Telephone: [phone]
Facsimile: 415-632-1901

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Attorneys for Plaintiff
MARK R. JONES

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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12 Dated:

6/26/14
The Honorable Susan Illston
United States District Court Judge

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SMRH:425972350.1

-3STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND RELATED DEADLINES