Lozano et al v. San Francisco 49ers, Ltd. et al

Filing 33

STIPULATION AND ORDER REASSIGNING CASE from Magistrate Judge LaPorte to Magistrate Judge Spero for Settlement and Continuing Briefing Schedule and Hearing as to #26 MOTION to Dismiss PLAINTIFF YORK's COMPLAINT, #25 MOTION to Compel Arbitration Or In the Alternative Dismiss, #24 MOTION to Dismiss PLAINTIFF LOZANO's COMPLAINT. Responses due by 10/13/2015. Replies due by 10/20/2015. Motion Hearing set for 11/9/2015 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 08/05/2015. (tmiS, COURT STAFF) (Filed on 8/5/2015)

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1 2 3 4 5 6 7 Jason A. Geller, SBN 168149 jgeller@laborlawyers.com Katarzyna W. Nowak, SBN 256977 knowak@laborlawyers.com FISHER & PHILLIPS LLP One Embarcadero Center, Suite 2050 San Francisco, California 94111 Tel. 415/490-9000 | Fax: 415/490-9001 Attorneys for Defendants, SAN FRANCISCO 49ERS, LTD. and JED YORK 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 ANTHONY LOZANO; KEITH YANAGI, Plaintiffs, 13 Case No.: 3:15-cv-00016-TEH STIPULATION AND PROPOSED ORDER 14 vs. Hon. Thelton E. Henderson 15 SAN FRANCISCO 49ERS, LTD.; JED YORK, et al., JURY TRIAL DEMANDED 16 Defendants. Complaint Filed: January 2, 2015 Trial Date: TBD 17 18 19 PLEASE TAKE NOTICE that the parties to this action, Plaintiffs ANTHONY LOZANO 20 and KEITH YANAGI, and Defendants SAN FRANCISCO 49ERS, LTD. and JED YORK, hereby 21 STIPULATE 22 1) In order to expeditiously complete the Early Settlement Conference within a 60 day 23 period of time, the parties request to be referred to Magistrate Judge Spero who has 24 availability for a full day Early Settlement Conference on October 6, 2015; 25 2) To relieve Magistrate Judge LaPorte in order to take part in an Early Settlement 26 27 28 Conference with Magistrate Judge Spero on October 6, 2015; 3) In light of the forthcoming Early Settlement Conference, to set the deadline for Plaintiff Yanagi to respond to Defendants’ Motion to Compel Arbitration, or in the 1 Case No. 3:15-cv-00016-TEH STIPULATION AND PROPOSED ORDER 1 Alternative Motion to Dismiss; and for Plaintiff Lozano to respond to Defendant 2 49ERS’ Motion to Dismiss and Defendant York’s Motion to Dismiss to October 13, 3 2015; 4 4) Set Defendants’ replies to Plaintiffs’ responses to Defendants’ Motion to Compel 5 Arbitration, or in the Alternative Motion to Dismiss; Defendant 49ERS’ Motion to 6 Dismiss; and Defendant York’s Motion to Dismiss to October 20, 2015; 7 8 5) Set the motion hearing currently set for October 19, 2015 to November 9, 2015 at 10:00AM. 9 10 IT IS SO STIPULATED. 11 12 Dated: August 4, 2015 /s/ Jason A. Geller JASON A. GELLER KATARZYNA W. NOWAK FISHER & PHILLIPS LLP Attorneys for Defendants SAN FRANCISCO 49ERS, LTD. and JED YORK Dated: August 4, 2015 /s/ David M. Poore DAVID M. POORE SCOTT A. BROWN BROWN POORE LLP Attorneys for Plaintiffs 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION AND PROPOSED ORDER 1 PROPOSED ORDER 2 3 4 5 6 7 GOOD CAUSE SHOWING, the Stipulation is GRANTED. IT IS HEREBY ORDERED that 1) Parties are reassigned from Magistrate Judge LaPorte to Magistrate Judge Spero for the purpose of taking part in an Early Settlement Conference; 2) Response by Plaintiff Yanagi’s to Defendants’ Motion to Compel Arbitration, or in the 8 Alternative Motion to Dismiss; and Plaintiff Lozano to Defendant 49ERS’ Motion to 9 Dismiss and Defendant York’s Motion to Dismiss are due October 13, 2015; 10 3) Defendants’ replies to Plaintiffs’ responses to Defendants’ Motion to Compel Arbitration, 11 or in the Alternative Motion to Dismiss; Defendant 49ERS’ Motion to Dismiss; and 12 Defendant York’s Motion to Dismiss are due October 20, 2015; 13 4) The motion hearing is set for November 9, 2015 at 10:00AM. 14 SO ORDERED. 05 Dated: August ___, 2015 RT 20 helton Judge T H ER erson E. Hend 21 22 FO NO 19 LI 18 R NIA UNITED STATES DISTRICT COURT JUDGE A 17 UNIT ED 16 S DISTRICT TE C TA RT U O S 15 N F D IS T IC T O R 23 24 25 26 27 28 3 STIPULATION AND PROPOSED ORDER C

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