Uppal v. CVS Pharmacy, Inc. et al

Filing 17

Order as Modified by Hon. Vince Chhabria granting 16 Stipulation to Continue Case Management Conference and Related Deadlines, and to Stay Plaintiff's Motion to Remand and Defendants' Time to Respond(knm, COURT STAFF) (Filed on 1/5/2015)

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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]
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,,

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Plaintiff,
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

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named plaintiffs in four other separate, but related class action cases: Sharobiem v.

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

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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.

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WHEREAS, pursuant to the previous stipulations of the Parties, the Court

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stayed Plaintiff’s pending Motion to Remand and Defendants’ time to respond to

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said motion in this matter in light of Defendants’ having filed petitions with the

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United States Court of Appeals for the Ninth Circuit requesting permission to

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appeal the Central District’s remand orders in Paksy (Case No. 14-80047), Bystrom

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(Case No. 14-80048), and Connell (Case No. 14-80049).

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WHEREAS, the Ninth Circuit has granted Defendants’ petition for

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

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Bystrom, and Paksy, and has advised that the matters shall be calendared for oral

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argument during the week of March 16, 2015.

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WHEREAS, the Parties agree that the Ninth Circuit’s decision regarding

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Defendants’ appeals the Central District’s orders granting remand in Connell,

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Bystrom, and Paksy will likely be dispositive with respect to Plaintiff’s motion to

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remand in the present action.

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WHEREAS, the Parties seek to seek to resolve the issue of this case’s

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removal efficiently and without unnecessary expenditure of the Court’s resources.

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THEREFORE, IT IS HEREBY STIPULATED, by the Parties and their
respective counsel of record:
That the Initial Case Management Conference presently set for January 13,

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2015 at 10:00 a.m. be continued to a date sixty days after the March 16, 2015, and

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that all corresponding deadlines provided by the Federal Rules of Civil Procedure,

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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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the Civil Local Rules of the United States District Court for the Northern District of

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California, and the Court’s Order Setting Initial Case Management Conference

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(Dkt. No. 7) be continued accordingly;

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

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oppose Plaintiff’s motion, be stayed for sixty days after the March 16, 2015 oral

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argument before the Ninth Circuit on the Connell, Bystrom, and Paksy matters;

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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.

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Dated:

January 2, 2015

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

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/S/ Michael D. Weil
MICHAEL D. WEIL
Attorney for Defendants
CVS PHARMACY, INC., CVS RX
SERVICES, INC., and GARFIELD
BEACH CVS, LLC

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Dated:

January 2, 2015

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

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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

PURSUANT TO STIPULATION, IT IS SO ORDERED.

RT

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ER

hhabr ia

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ince C
J u d ge V

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DATE: ________________________
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R NIA

DERED
SO OR
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IT IS
IFIED
Hon. Vince ChhabriaMOD
AS

January 5, 2015

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S DISTRICT
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UNIT
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[PROPOSED] ORDER

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The case management conference is rescheduled to May 12, 2015. The joint case management
statement is due 7 days before the conference.

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-5STIPULATION 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