Uppal v. CVS Pharmacy, Inc. et al

Filing 15

Order by Hon. Vince Chhabria granting 14 Stipulation to Continue Case Management Conference and Related Deadlines, and to Remand and Defendants' Time to Respond.(knm, COURT STAFF) (Filed on 9/10/2014)

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V. James DeSimone (SBN 119668)
[e-mail]
Michael D. Seplow (SBN 150183)
[e-mail]
Aidan C. McGlaze (SBN 277270)
[e-mail]
SCHONBRUN DESIMONE SEPLOW
HARRIS & HOFFMAN LLP
723 Ocean Front Walk
Venice, CA 90291
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
RIMANPREET UPPAL

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RIMANPREET UPPAL, an Individual,
Individually and on behalf of all others
similarly situated and the general public,,
Plaintiff,

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v.
CVS PHARMACY, INC., a Rhode Island
corporation; CVS RX SERVICES, INC., a
New York corporation; GARFIELD BEACH
CVS, LLC, a California limited liability
company; and DOES 1 thru 50, inclusive,

Case No. 3:14-cv-02629-VC
Hon. Vince Chhabria
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
RELATED DEADLINES, AND TO
STAY PLAINTIFF’S MOTION TO
REMAND AND DEFENDANTS’ TIME
TO RESPOND AS MODIFIED

Defendants.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES,
AND TO STAY PLAINTIFF’S MOTION TO REMAND AND DEFENDANTS’ TIME TO RESPOND
CASE NO. 3:14-CV-02629-VC

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STIPULATION

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WHEREAS, counsel for Plaintiff Rimanpreet Uppal also represents the named plaintiffs

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in four other separate, but related class action cases: Sharobiem v. CVS Pharmacy, Inc., Case No.

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CV 13-9426-GHK; Bystrom v. CVS Pharmacy, Inc., Case No. CV 13-09424-GHK; Paksy v. CVS

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Pharmacy, Inc., Case No. CV 13-09425-GHK; and Connell v. CVS Pharmacy, Inc., No. CV 13-

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09410-GHK.

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WHEREAS, pursuant to the stipulation of the Parties, the Court previously stayed

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Plaintiff’s pending Motion to Remand and Defendants’ time to respond to said motion in this

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matter.

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WHEREAS, the Parties have agreed to a mediation of this matter and other related cases,

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including Sharobiem v. CVS Pharmacy, Inc., Case No. CV 13-9426-GHK; Bystrom v. CVS

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Pharmacy, Inc., Case No. CV 13-09424-GHK; Paksy v. CVS Pharmacy, Inc., Case No. CV 13-

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09425-GHK; and Connell v. CVS Pharmacy, Inc., No. CV 13-09410-GHK, which has been

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scheduled for November 14, 2014 in San Francisco with mediator Mark S. Rudy, Esq.

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WHEREAS, the Ninth Circuit has not yet rendered a decision regarding Defendants’

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petition for permission to appeal the Central District’s orders granting remand in Connell,

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Bystrom, and Paksy.

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WHEREAS, the Parties seek to seek to resolve the issue of this case’s removal efficiently
and without unnecessary expenditure of the Court’s resources.
THEREFORE, IT IS HEREBY STIPULATED, by the Parties and their respective counsel
of record:
That the Initial Case Management Conference presently set for September 16, 2014 at

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10:00 a.m. be continued to a date sixty days after the November 14, 2014, and that all

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corresponding deadlines provided by the Federal Rules of Civil Procedure, the Civil Local Rules

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of the United States District Court for the Northern District of California, and the Court’s Order

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Setting Initial Case Management Conference (Dkt. No. 7) be continued accordingly;

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That Plaintiff’s motion to remand, and Defendants’ corresponding time to oppose

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES,
AND TO STAY PLAINTIFF’S MOTION TO REMAND AND DEFENDANTS’ TIME TO RESPOND
CASE NO. 3:14-CV-02629-VC

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Plaintiff’s motion, be stayed for sixty days after the November 14, 2014 mediation in this matter;
That this Stipulation be accepted as the Parties’ further status report contemplated by the
Parties previous stipulation and the Court’s order thereon.
IT IS SO STIPULATED.
Dated: September 8, 2014

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TIMOTHY J. LONG
MICHAEL D. WEIL
ORRICK, HERRINGTON & SUTCLIFFE LLP

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By:

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Attorney for Defendants
CVS PHARMACY, INC., CVS RX
SERVICES, INC., and GARFIELD BEACH
CVS, LLC

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/s/ Michael D. Weil
MICHAEL D. WEIL

Dated: September 8, 2014

V. JAMES DESIMONE
MICHAEL D. SEPLOW
SCHONBRUM DESIMONE SEPLOW HARRIS
& HOFFMAN LLP
By:

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/s/ Michael D. Seplow
MICHAEL D. SEPLOW
Attorney for Plaintiff
RIMANPREET UPPAL

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-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES,
AND TO STAY PLAINTIFF’S MOTION TO REMAND AND DEFENDANTS’ TIME TO RESPOND
CASE NO. 3:14-CV-02629-VC

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ATTESTATION
I hereby attest that the concurrence in the filing of this document has been obtained from
Michael D. Weil, of Orrick, Herrington & Sutcliffe LLP, Attorneys for Defendants.

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Dated: September 8, 2014
SCHONBRUN, DESIMONE, SEPLOW,
HARRIS & HOFFMAN LLP
By:

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/ s/ Michael D. Seplow
MICHAEL D. SEPLOW
Attorney for Plaintiff
RIMANPREET UPPAL

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-4STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES,
AND TO STAY PLAINTIFF’S MOTION TO REMAND AND DEFENDANTS’ TIME TO RESPOND
CASE NO. 3:14-CV-02629-VC

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[PROPOSED] ORDER AS MODIFIED
The case management conference is rescheduled to January 13, 2015, at 10:00 a.m. A
joint case management conference statement is due no later than January 6, 2015.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATE: ___September 10, 2014_______

_________________________________
Hon. Vince Chhabria

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES,
AND TO STAY PLAINTIFF’S MOTION TO REMAND AND DEFENDANTS’ TIME TO RESPOND
CASE NO. 3:14-CV-02629-VC