Hochstetler et al v. Pacific Gateway Concessions LLC

Filing 34

STIPULATION AND ORDER Continuing Case Management Conference. Case Management Statement due by 10/19/2015. Initial Case Management Conference set for 10/26/2015 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 08/25/2015. (tmiS, COURT STAFF) (Filed on 8/26/2015)

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MARA E. ROSALES, State Bar No. 104844
[e-mail]
ROBERT D. SANFORD, State Bar No.129790
[e-mail]
ROSALES LAW PARTNERS LLP
433 California Street, Suite 630
San Francisco, CA 94104
Telephone:
[phone]
Attorneys for Defendant
PACIFIC GATEWAY CONCESSIONS LLC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RACHEL HOCHSTETLER,
CIRENA TORRES,

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Plaintiffs,
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vs.
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PACIFIC GATEWAY CONCESSIONS LLC, et )
al.,
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Defendants.
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_______________________________________ )
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PACIFIC GATEWAY CONCESSIONS LLC, et )
al.,
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Cross-Claimant,
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vs.
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POINT SOLUTIONS, LLC,
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Cross-Defendant. )
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)

CASE NO. 3:14-CV-04748-TEH
STIPULATION AND [PROPOSED]
ORDER CONTINUING OR
VACATING AUGUST 31, 2015
INITIAL CASE MANAGEMENT
CONFERENCE
Date: August 31, 2015
Time: 1:30 p.m.
Courtroom: 12

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Stipulated Order Continuing CMC

Case No. 3:14-cv-04748-TEH

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STIPULATION

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Plaintiffs Rachel Hochstetler and Cirena Torres, Defendant and Cross-Claimant

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Pacific Gateway Concessions LLC ("PGC"), and Cross-Defendant Point Solutions, LLC

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("PS") hereby stipulate as follows:

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Recitals

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1.

The Initial Case Management Conference in this action has been continued

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three times to allow the parties an opportunity to negotiate settlement. (Docket 24, 29,

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32.) Plaintiffs and PGC reached agreement on settlement of the putative class action,

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which was memorialized in a Memorandum of Understanding of Settlement ("MOU")

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signed on June 8, 2015. Plaintiffs and PGC have since negotiated and executed a detailed

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Stipulated Settlement Agreement and Release ("Class Settlement Agreement"). Pursuant

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to Federal Rule of Civil Procedure 23(e), Plaintiffs will shortly file a motion seeking the

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Court's preliminary approval of the Class Settlement Agreement.

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2.

PGC and PS have reached agreement on the major details of the settlement

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of PGC's cross-claim for indemnity and contribution and for breach of contract. PGC and

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PS anticipate that a formal settlement agreement should be signed shortly, pursuant to

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which PGC's cross-claim would be dismissed in conjunction with the Court's final

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approval of the Class Settlement Agreement.

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3.

In the interest of efficient case management and minimizing the burden of

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the action on the Court's resources, the parties agree that the August 31, 2015 Case

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Management Conference should be, at the Court's discretion, either: (i) continued from

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August 31, 2015 for 60 days in order to permit Plaintiffs to file the motion for preliminary

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approval of the Class Settlement Agreement, then vacated once the motion is filed; or (ii)

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vacated now.

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///

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///
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Stipulated Order Continuing CMC

Case No. 3:14-cv-04748-TEH

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Stipulation
4.

Based on the foregoing recitals, the parties stipulate that the Initial Case

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Management Conference of August 31, 2015 should be, at the Court's discretion, either

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continued for 60 days to allow the motion for preliminary approval of the Class Settlement

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Agreement to be filed, then vacated once the motion is filed, or vacated immediately.

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So Stipulated.
Dated: August 24, 2015

CHANT & COMPANY
A Professional Law Corporation

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By:

/s/ Chant Yedalian
CHANT YEDALIAN
Attorneys for Plaintiffs
RACHEL HOCHSTETLER and CIRENA
TORRES

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Dated: August 24, 2015

ROSALES LAW PARTNERS LLP

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By:

/s/ Robert D. Sanford
ROBERT D. SANFORD
Attorney for Defendant and Cross-Claimant
PACIFIC GATEWAY CONCESSIONS LLC

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Dated: August 24, 2015
LLP

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HUDDLESTON & SIPOS LAW GROUP

By:

/s/ Robert A. Huddleston
ROBERT A. HUDDLESTON
Attorney for Cross- Defendant
POINT SOLUTIONS, LLC

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Stipulated Order Continuing CMC

Case No. 3:14-cv-04748-TEH

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ORDER

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Pursuant to stipulation, it is ordered as follows:

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10/26
The Initial Case Management Conference shall occur on _________, 2015 at

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1:30 PMin
_____

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Gate Avenue, San Francisco, CA 94102. Not less than seven days prior, counsel shall

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submit a joint case management conference statement, and all other deadlines are

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continued according to the new date of the Initial Case Management Conference. Once

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Plaintiffs file a motion for preliminary approval of the Class Settlement Agreement, the

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Initial Case Management Conference shall be vacated.

Courtroom 12 on the 19th floor, United States District Courthouse, 450 Golden

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[OR]

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The August 31, 2015 Initial Case Management Conference is vacated pending

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Plaintiffs' filing of a motion for preliminary approval of the Class Settlement Agreement.

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Dated: August ___, 2015
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_________________________________
Honorable Thelton E. Henderson
United States District Court Judge

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Stipulated Order Continuing CMC

Case No. 3:14-cv-04748-TEH