McMahon v. Tuesday Morning, Inc.

Filing 55

STIPULATION AND ORDER re #52 STIPULATION WITH PROPOSED ORDER re #50 Case Management Conference - Further Pursuant to the April 7, 2016 Case Management Conference and the April 8, 2016 Civil Minutes filed by Tuesday Morning, Inc. Case Management Statement due by 6/2/2016. Further Case Management Conference set for 6/9/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 4/19/16. (bpf, COURT STAFF) (Filed on 4/19/2016)

1
2
3
4
5

GARY D. FRIEDMAN (Admitted Pro Hac Vice),
[e-mail]
WEIL, GOTSHAL & MANGES, LLP
767 Fifth Avenue
New York, NY 10153
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
TUESDAY MORNING, INC.

6
[Additional Counsel Listed on Signature Page]
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12
13
14
15
16

CYNTHIA MCMAHON, on behalf of
herself, all others similarly situated,
Plaintiff,

CASE NO. 3:14-cv-05547 (EMC)
(Removed from Contra Costa Superior
Court Case No. C-14-02113)

v.
TUESDAY MORNING, INC., a Texas
corporation; and DOES 1-50, inclusive,

JOINT STIPULATION AND
[PROPOSED] ORDER PURSUANT TO
THE APRIL 7, 2016 CASE
MANAGEMENT CONFERENCE AND
THE APRIL 8, 2016 CIVIL MINUTES

Defendants.

17
18

In accordance with the Court’s instructions at the April 7, 2016 Case Management

19

Conference (“April 7 CMC”) and its Civil Minutes Order, dated April 8, 2016 (“April 8 Civil

20

Minutes”), Plaintiff Cynthia McMahon (“Plaintiff”) and Defendant Tuesday Morning, Inc.

21

(“Tuesday Morning” or “Defendant”) (collectively, the “Parties”), by and through their

22

undersigned counsel, submit this JOINT STIPULATION:

23

Following the April 7 CMC, Defendant took Plaintiff’s deposition on April 11, 2016.

24

Notwithstanding Defendant’s position that Plaintiff has established no basis to request any names

25

or contact information for members of the putative class, pursuant to the Court’s direction at the

26

April 7 CMC and its April 8 Civil Minutes, the Parties met and conferred extensively regarding

27

the possible production—pursuant to the Belaire-West opt-out process—of a subset of names and

28
JOINT STIPULATION & [PROPOSED] ORDER PURSUANT TO
THE APRIL 7, 2016 CASE MANAGEMENT CONFERENCE AND
THE APRIL 8, 2016 CIVIL MINUTES

1

CASE NO. 14-CV-05547-EMC

1

contact information for members of the putative class. The Parties further met and conferred

2

regarding a proposed class certification briefing schedule.

3

As the Parties indicated at the April 7 CMC, the Parties made progress towards resolving

4

this case during a full-day mediation session with Jeffrey A. Ross on March 3, 2016. While the

5

case did not settle at mediation, the Parties have continued those discussions over the last several

6

weeks. With the Court’s encouragement at the April 7 CMC and in its April 8, 2016 Civil

7

Minutes, the Parties have continued their post-mediation discussions over the past week, both

8

directly and through the auspices of Mediator Ross. At this time, the Parties believe it is in their

9

mutual best interests to devote themselves and their resources over the next thirty (30) days—

10

through and including May 13, 2016—to determine if they can resolve this case without

11

incurring additional litigation costs and without imposing on the Court’s time. The Parties also

12

believe that during this thirty (30) day period, it would be beneficial for discovery to be stayed

13

and to avoid discovery motion practice so that they may focus on attempting resolution of the

14

case.

15

If the Parties are unable to report to the Court by May 13, 2016 that they have reached an

16

agreement in principle, the Parties intend to submit by May 20, 2016, consistent with the Court’s

17

April 8 Civil Minutes, a joint letter addressing the putative class list issue and proposing a

18

schedule through class certification briefing for the Court to consider.

19
20

Dated: April 14, 2016
SETAREH LAW GROUP

21
22
By:
23
24

/s/ Shaun Setareh
SHAUN SETAREH
SHAUN SETAREH SB# 204514
E-Mail: [e-mail]
THOMAS SEGAL SB # 222791
E-mail: [e-mail]
SETAREH LAW GROUP
9454 Wilshire Blvd. Suite 711

25
26
27
28
JOINT STIPULATION & [PROPOSED] ORDER PURSUANT TO
THE APRIL 7, 2016 CASE MANAGEMENT CONFERENCE AND
THE APRIL 8, 2016 CIVIL MINUTES

2

CASE NO. 14-CV-05547-EMC

Beverly Hills, California 90212
Telephone: [phone]
Facsimile: 310-888-0109

1
2
3

Attorneys for Plaintiff
CYNTHIA MCMAHON

4
5
6
7

Dated: April 14, 2016

WEIL, GOTSHAL & MANGES LLP
By:

8
9
10

/s/ Gary D. Friedman
GARY D. FRIEDMAN
Attorneys for Defendant
TUESDAY MORNING, INC.
CHRISTOPHER J. COX (Bar No. 151650)
[e-mail]
WEIL, GOTSHAL & MANGES, LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone:
[phone]
Facsimile:
[phone]

11
12
13
14

Attorneys for Defendant
TUESDAY MORNING, INC.

15
16
17
18

Pursuant to Civil Local Rule 5-1(i)(3), the filer attests that concurrence in the filing of
this document has been obtained from each of the above signatories.

19
/s/ Gary D. Friedman
GARY D. FRIEDMAN

20
21
22
23
24
25
26
27
28
JOINT STIPULATION & [PROPOSED] ORDER PURSUANT TO
THE APRIL 7, 2016 CASE MANAGEMENT CONFERENCE AND
THE APRIL 8, 2016 CIVIL MINUTES

3

CASE NO. 14-CV-05547-EMC

1
2

CASE MANAGEMENT ORDER
The above JOINT STIPULATION PURSUANT TO THE APRIL 7, 2016 CASE

3

MANAGEMENT CONFERENCE AND THE APRIL 8, 2016 CIVIL MINUTES is

4

approved and all Parties shall comply with its provisions.

IT IS SO ORDERED.

8

11

S

RT

13

dwa
Judge E

ER

H

14

hen

rd M. C

NO

12

Hon. Edward EDChen
RDERM.
S SO O IED
TI
IUNITED STATES DISTRICT JUDGE
DIF
AS MO

R NIA

10

UNIT
ED

Dated: ________________________

S DISTRICT
TE
C
TA

RT
U
O

April 19, 2016

9

An updated joint CMC statement

15

FO

7

Further CMC is set for June 9, 2016 at 10:30 a.m.
shall be filed by June 2, 2016.

LI

6

[In addition, the Court makes the further orders stated below:]

A

5

N

F
D IS T IC T O
R

C

16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION & [PROPOSED] ORDER PURSUANT TO
THE APRIL 7, 2016 CASE MANAGEMENT CONFERENCE AND
THE APRIL 8, 2016 CIVIL MINUTES

4

CASE NO. 14-CV-05547-EMC