Miorelli et al v. Wyndham Vacation Ownership, Inc. et al

Filing 23

ORDER granting 22 STIPULATION Joint Stipulation Continuing Initial Case Management Conference and Associated Deadlines filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Corporation. Case Management Statement due by 8/15/2014. Initial Case Management Conference set for 8/22/2014 10:00 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 7/10/2014. (beS, COURT STAFF) (Filed on 7/14/2014)

1
2
3
4
5

SCHIFF HARDIN LLP
Rocky N. Unruh (CSB #84049)
[e-mail]
Sarah D. Youngblood (CSB #244304)
[e-mail]
One Market, Spear Street Tower
Thirty-Second Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]

6
7
8

Attorneys for Defendants
WYNDHAM VACATION OWNERSHIP, INC.,
WYNDHAM WORLDWIDE CORP. AND
WYNDHAM VACATION RESORTS, INC.

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

SAN FRANCISCO DIVISION

13
14
15

CHRIS MIORELLI, individually and as,
Trustee of the MIORELLI FAMILY
TRUST; TRINA, USA LLC.
Plaintiffs,

16
17
18
19
20
21

v.
WYNDHAM VACATION OWNERSHIP,
INC., WYNDHAM WORLDWIDE
CORPORATION, WYNDHAM
VACATION RESORTS, INC., CHARLES
BOWMAN, an individual, DOUGLAS
PARK, an individual, and DOES 1 through
50, inclusive.

Case No. 3:14-cv-02073 CRB
STIPULATION AND ORDER
CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE AND
ASSOCIATED DEADLINES
Local Rule 6-1(b)
Current Conference Date: August 8, 2014
Joint Statement Due: August 1, 2014

Defendants.

22
23
24
25
26

Pursuant to Civil Local Rule 6-1(b), the parties, by and through their attorneys of record,
hereby agree and stipulate as follows:
(1)

Defendants Wyndham Vacation Ownership, Inc., Wyndham Worldwide Corp. and

27

Wyndham Vacation Resorts, Inc. (“Wyndham Defendants”) removed the above-captioned matter

28

to this Court on May 6, 2014.

S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

-1-

Case No. 3:14-cv-02073 CRB

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE
AND ASSOCIATED DEADLINES

1

(2)

On May 19, 2014, this Court entered its Case Management Conference Order

2

setting the Initial Case Management Conference for August 8, 2014, at 8:30 a.m. See Docket No.

3

10. Pursuant to this Order, the parties’ Joint Case Management Statement is due August 1, 2014

4

(7 days prior to the Initial Case Management Conference). Id.

5

(3)

On May 13, 2014, the Wyndham Defendants filed their Motion to Dismiss

6

Plaintiffs’ Complaint. See Docket No. 7. On May 23, 2014, the Motion to Dismiss was set for

7

hearing in front of this Court on July 11, 2014, at 10:00 a.m. See Docket No. 11.

8
9
10

(4)

On June 6, 2014, Plaintiffs filed a Motion to Remand. See Docket No. 13. This

motion is also set for hearing in front of this Court on July 11, 2014, at 10:00 a.m. Id.
(5)

The parties have met and conferred and believe that it is in the best interest of

11

efficiency and economy to continue the Initial Case Management Conference and all associated

12

deadlines, including the deadline to file a Joint Case Management Statement, to allow for the

13

Court to hear arguments and issue a ruling on the pending Motion to Dismiss and Motion to

14

Remand.

15

(6)

Good cause exists to continue the Initial Case Management Conference and the

16

associated deadlines as the Court’s rulings on the pending motions has the potential to obviate

17

any need to conduct such a conference. Additionally, the Court’s rulings on the pending motions

18

will likely impact the contents of the parties’ Joint Case Management Statement.

19

(7)

There are no other deadlines currently on calendar in this case that would be

20

affected by a continuance of the Initial Case Management Conference and the associated

21

deadlines.

22

(8)

23
24

This is the parties’ first request for a continuance of the Initial Case Management

Conference and the associated deadlines in this matter.
IT IS SO STIPULATED.

25
26
27
28
S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

-2-

Case No. 3:14-cv-02073 CRB

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE
AND ASSOCIATED DEADLINES

1

Dated: July 9, 2014

2

By: /s/ Sarah D. Youngblood
Rocky N. Unruh
Sarah D. Youngblood
Counsel for Defendants
WYNDHAM VACATION OWNERSHIP,
INC., WYNDHAM WORLDWIDE
CORP. and WYNDHAM VACATION
RESORTS, INC.

3
4
5
6
7

Schiff Hardin LLP

Dated: July 9, 2014

Figari Law

8
By: /s/ Barbara Figari
Barbara Figari
Counsel for Plaintiffs
CHRIS MIORELLI, individually and as,
Trustee of the MIORELLI FAMILY
TRUST; TRINA, USA LLC.

9
10
11
12
13

I attest and certify that I received permission from plaintiffs’ counsel before e-filing this

14

document and will retain proof of this permission.

15

Dated: July 9, 2014

Schiff Hardin LLP

16
17
18
19
20

By: /s/ Sarah D. Youngblood
Rocky N. Unruh
Sarah D. Youngblood
Counsel for Defendants
WYNDHAM VACATION OWNERSHIP,
INC., WYNDHAM WORLDWIDE
CORP. and WYNDHAM VACATION
RESORTS, INC.

21
22
23
24
25
26

PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, THE
COURT ENTERS THE FOLLOWING ORDER:
The August 8, 2014 Initial Case Management Conference is continued to

27

August 22
_____________, 2014 at 10:00 a.m. in Courtroom 6 on the 17th floor of the Federal Building,

28

450 Golden Gate Avenue, San Francisco, California. All deadlines associated with the Initial

S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

-3-

Case No. 3:14-cv-02073 CRB

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE
AND ASSOCIATED DEADLINES

1

Case Management Conference, including the deadline to file a Joint Case Management

2

Statement, shall be calculated based on the new date for the Initial Case Management Conference.

3

UNIT
ED

S

Dated: __________________, 2014
July 10

UNITED STATES DISTRICT JUDGE

7
harle
Judge C

10

A

H

ER

LI

RT

33993-0193
CH2\14832314.1

yer

s R. Bre

NO

8

R NIA

6

ERED

O ORD
IT IS S

FO

5

9

RT
U
O

4

S DISTRICT
TE
C
________________________________
TA
HONORABLE CHARLES R. BREYER

N

F
D IS T IC T O
R

C

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

-4-

Case No. 3:14-cv-02073 CRB

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE
AND ASSOCIATED DEADLINES