Hillson et al v. Kelly Services, Inc.

Filing 37

Order by Hon. Vince Chhabria granting 36 Stipulation to Continue the Case Management Conference.(knm, COURT STAFF) (Filed on 10/15/2014)

1
2
3
4
5
6
7
8
9
10

SEYFARTH SHAW LLP
Gerald L. Maatman, Jr. (pro hac vice pending)
[e-mail]
Pamela Q. Devata (pro hac vice pending)
[e-mail]
131 South Dearborn Street, Suite 2400
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
SEYFARTH SHAW LLP
Laura J. Maechtlen (SBN 224923)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
KELLY SERVICES, INC.

11
UNITED STATES DISTRICT COURT
12
NORTHERN DISTRICT OF CALIFORNIA
13
14
15
16
17
18
19

LASANDRA HILLSON, STEVEN BOHLER, ) Case No. 3:14-cv-03256-VC
and ASHLEY SCHMIDT, individually and as )
representatives of the class,
) STIPULATION AND [PROPOSED]
) ORDER TO CONTINUE CASE
Plaintiffs,
) MANAGEMENT CONFERENCE
)
v.
) Judge:
Honorable Vince Chhabria
) Dept.:
4
KELLY SERVICES, INC.,
)
) First Amended Complaint Filed:
Defendant.
) August 19, 2014
)
)

20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
CASE NO. 3:14-CV-03256-VC
18187804v.1

1
2
3
4
5
6

STIPULATION
WHEREAS Defendant recently identified documents executed between the Parties that may
affect the venue for this action;
WHEREAS Counsel are meeting-and-conferring regarding the issue of venue, and may soon
reach agreement to transfer this action to the Eastern District of Michigan;
WHEREAS the resources of this Court and the Parties are better conserved by allowing the

7

Parties to continue to meet-and-confer and attempt to reach agreement on venue prior to having a

8

Case Management Conference before this Court;

9

NOW, THEREFORE, pursuant to Civil L.R. 6-2, the Parties are stipulating to continue the

10

Case Management Conference in this action currently scheduled for October 21, 2014 to October 28,

11

2014, at 10:00 a.m., and the associated deadlines for filing a Joint Case Management Conference

12

Statement and Initial Disclosures from October 14, 2014, to October 21, 2014. In support of this

13

Stipulation, and pursuant to Civil L.R. 6-2, the Parties concurrently submit the Declaration of Laura

14

J. Maechtlen.

15
16

Stipulated and respectfully submitted,
DATED: October 14, 2014

NICHOLS KASTER, LLP

17
18

By:

19
20

/s/ Daniel C. Bryden
Daniel C. Bryden (pro hac vice)
Matthew C. Helland
Attorneys for Plaintiffs
LASANDRA HILLSON, STEVEN BOHLER, and
ASHLEY SCHMIDT, individually and as
representatives of a class

21
22
23

DATED: October 14, 2014

SEYFARTH SHAW LLP

24
By:

25
26

/s/ Laura J. Maechtlen
Gerald L. Maatman, Jr. (pro hac vice forthcoming)
Pamela Q. Devata (pro hac vice forthcoming)
Laura J. Maechtlen

27
Attorneys for Defendant
KELLY SERVICES, INC.

28

2
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
CASE NO. 3:14-CV-03256-VC
18187804v.1

1

[PROPOSED] ORDER GRANTING STIPULATION

2
3

PURSUANT TO STIPULATION, IT IS SO ORDERED.

4
5

Date: October 15, 2014
Hon. Vince Chhabria

6
7
8

CONSENT TO ELECTRONIC FILING
9
10
11

Pursuant to General Order 45, paragraph X.B., I hereby attest that Daniel C. Bryden, a
registered ECF user whose user ID and password will not be utilized in the filing of the Stipulation
and [Proposed] Order to Continue Case Management Conference, concurred in the filing.

12
DATED: October 14, 2014

SEYFARTH SHAW LLP

13
14
By:
15
16
17

/s/ Laura J. Maechtlen
Gerald L. Maatman, Jr. (pro hac vice pending)
Pamela Q. Devata (pro hac vice pending)
Laura J. Maechtlen
Attorneys for Defendant
KELLY SERVICES, INC.

18
19
20
21
22
23
24
25
26
27
28
3
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
CASE NO. 3:14-CV-03256-VC
18187804v.1

1
2
3
4
5
6
7
8
9
10

SEYFARTH SHAW LLP
Gerald L. Maatman, Jr. (pro hac vice pending)
[e-mail]
Pamela Q. Devata (pro hac vice pending)
[e-mail]
131 South Dearborn Street, Suite 2400
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
SEYFARTH SHAW LLP
Laura J. Maechtlen (SBN 224923)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
KELLY SERVICES, INC.

11
UNITED STATES DISTRICT COURT
12
NORTHERN DISTRICT OF CALIFORNIA
13
14
15
16
17
18
19
20

LASANDRA HILLSON, STEVEN BOHLER, ) Case No. 3:14-cv-03256-VC
and ASHLEY SCHMIDT, individually and as )
representatives of the class,
) DECLARATION OF LAURA J.
) MAECHTLEN IN SUPPORT OF
Plaintiffs,
) STIPULATION AND [PROPOSED]
) ORDER TO CONTINUE CASE
v.
) MANAGEMENT CONFERENCE
)
KELLY SERVICES, INC.,
) Judge:
Honorable Vince Chhabria
) Dept.:
4
Defendant.
)
) First Amended Complaint Filed:
) August 19, 2014
)

21
22
23
24
25
26
27
28
MAECHTLEN DEC ISO STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT
CONFERENCE / CASE NO. 3:14-CV-03256-VC
18188080v.1

1

I, Laura J. Maechtlen, declare:

2

1.

I am an attorney licensed to practice before the courts of the State of California. I am

3

a partner in the law firm of Seyfarth Shaw LLP, attorneys of record for Defendant Kelly Services,

4

Inc. (“Defendant” or “Kelly”). I make this declaration in support of the Parties’ Stipulation to

5

Continue Case Management Conference. I have personal knowledge of the facts set forth in this

6

declaration, and if called as a witness, I could and would testify to the truth of these facts.

7

2.

On Friday, October 10, 2014, in preparation for the upcoming Case Management

8

Conference and in anticipation of discovery in this matter, my team discovered documents executed

9

between the Plaintiffs and Defendant regarding a choice of forum provision. This provision would

10

require “any dispute[]” between the Plaintiffs and Defendant to “be brought only in the State of

11

Michigan Courts of appropriate venue, or the United States District Court sitting in Michigan,” and

12

provides the signatory’s “consent to and submi[ssion] . . . to the jurisdiction of such Courts.” We

13

have found executed copies of these documents for two of the three named Plaintiffs, and believe a

14

copy also exists for the third named Plaintiff, and are searching for that document now.

15

3.

On Monday, October 13, 2014, I informed Michelle Drake, counsel for Plaintiffs, that

16

we had found these documents and believed Defendant has a basis to seek transfer to the Eastern

17

District of Michigan.

18
19
20
21
22

4.

Counsel for Plaintiffs and I agreed that we should continue to meet-and-confer on this

issue to determine whether the Parties can stipulate to a transfer to the Eastern District of Michigan.
5.

The Parties anticipate that they will be able to determine within one week whether

they will agree to transfer the action, or if there will be motion practice on this issue.
6.

Because there is a possibility that the Parties may agree to transfer this action to the

23

Eastern District of Michigan, the Parties believe that their resources, as well as the resources of this

24

Court, are better conserved by continuing by one week the upcoming Case Management Conference

25

currently scheduled for October 21, 2014, and the associated deadlines for a Joint Case Management

26

Conference Statement and Initial Disclosures, currently due on October 14, 2014.

27
28
2
MAECHTLEN DEC ISO STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT
CONFERENCE / CASE NO. 3:14-CV-03256-VC
18188080v.1

1
2

I declare under penalty of perjury under the laws of the state of California that the foregoing is
true and correct. Executed on October 14, 2014 in San Francisco, California.

3
4

DATED: October 14, 2014

SEYFARTH SHAW LLP

5
6

By:

7
8

/s/ Laura J. Maechtlen
Gerald L. Maatman, Jr. (pro hac vice pending)
Pamela Q. Devata (pro hac vice pending)
Laura J. Maechtlen
Attorneys for Defendant
KELLY SERVICES, INC.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
MAECHTLEN DEC ISO STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT
CONFERENCE / CASE NO. 3:14-CV-03256-VC
18188080v.1