Payne v. Office of the Commissioner of Baseball et al

Filing 45

STIPULATION AND ORDER Regarding Proposed Briefing Schedule. Motions terminated: 37 MOTION to Dismiss CLASS ACTION COMPLAINT. Signed by Judge Samuel Conti on 10/27/2015. (tmiS, COURT STAFF) (Filed on 10/27/2015)

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ROBERT C. HILLIARD (Pro Hac Vice)
MARION REILLY (Pro Hac Vice)
HILLIARD MUÑOZ GONZALES L.L.P.
719 S Shoreline Blvd., Suite #500
Corpus Christi, TX 78401
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Steve W. Berman (Pro Hac Vice)
Anthea Grivas (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants
OFFICE OF THE COMMISSIONER OF
BASEBALL (d/b/a MAJOR LEAGUE
BASEBALL); and ROBERT D. MANFRED,
JR.

Attorneys for Plaintiffs
GAIL PAYNE, ROBERT GORMAN
and STEPHANIE SMITH

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KEKER & VAN NEST LLP
JOHN W. KEKER - #49092
R. ADAM LAURIDSEN - #243780
THOMAS E. GORMAN - #279409
PHILIP J. TASSIN - #287787
633 Battery Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

[Additional Counsel on Signature Page]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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GAIL PAYNE, ROBERT GORMAN, and
STEPHANIE SMITH, individually and on behalf
of all others similarly situated,
Plaintiff,

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v.
OFFICE OF THE COMMISSIONER OF
BASEBALL (d/b/a MAJOR LEAGUE
BASEBALL); and ROBERT D. MANFRED,
JR., et al.
Defendants.

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JOINT STIPULATION AND PROPOSED ORDER
C.A. NO. 3:15-CV-03229-SC

No. 3:15-CV-03229-SC

JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
PROPOSED BRIEFING SCHEDULE
Judge: Hon. Samuel Conti
Date Filed: October 23, 2015

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Plaintiff Gail Payne and Defendants Office of the Commissioner of the Baseball (d/b/a

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Major League Baseball) and Robert D. Manfred, Jr., by and through their undersigned counsel,

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dispute and agree as follows:

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WHEREAS, on July 13, 2015, Plaintiff filed her Original Complaint;

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WHEREAS, on October 2, 2015, Defendants filed a Motion to Dismiss the Original

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Complaint pursuant to Federal Rule of Civil Procedure 12(b);
WHEREAS, pursuant to a Stipulation entered into by the Parties, Plaintiff’s deadline to file
her Response in Opposition to Defendants' Motion to Dismiss is October 23, 2015;
WHEREAS, Plaintiff's deadline to file an Amended Complaint as a matter of right was
October 23, 2015 and Plaintiff filed an Amended Complaint on or before that date;
WHEREAS, Defendants agreed to withdraw their Motion to Dismiss the Original
Complaint upon the filing of Amended Complaint and have now done so;
WHEREAS, Defendants anticipate filing a New Motion to Dismiss the Amended
Complaint;
WHEREAS, the parties believe that a briefing schedule regarding the new Motion to
Dismiss will be efficient for the Court and parties

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IT IS THEREFORE STIPULATED that:

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1. Defendants’ Motion to Dismiss Plaintiff’s First Amended Complaint shall be filed no

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later than November 20, 2015;
2. Plaintiff’s Response in Opposition to Defendants’ Motion to Dismiss Plaintiff’s First
Amended Complaint shall be filed no later than December 14, 2015;
3. Defendants’ Reply in Support of their Motion to Dismiss Plaintiff’s First Amended
Complaint shall be filed no later than December 23, 2015.
SO STIPULATED AND AGREED:

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JOINT STIPULATION AND PROPOSED ORDER
C.A. NO. 3:15-CV-03229-SC

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DATED: October 23, 2015

HILLIARD MUÑOZ GONZALES L.L.P.

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By

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/s/ Robert C. Hilliard
ROBERT C. HILLARD
MARION M. REILLY
Attorneys for Plaintiff
GAIL PAYNE

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DATED: October 23, 2015

By

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/s/ Steve W. Berman
STEVE W. BERMAN
ANTHEA GRIVAS
Attorneys for Plaintiff
GAIL PAYNE

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DATED: October 23, 2015

By

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Attorneys for Defendants
OFFICE OF THE COMMISSIONER OF
BASEBALL (d/b/a MAJOR LEAGUE
BASEBALL); and ROBERT D.
MANFRED, JR.

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/s/ John W. Keker
JOHN W. KEKER
R. ADAM LAURIDSEN
THOMAS E. GORMAN
PHILIP J. TASSIN

PURSUANT TO A STIPULATION BETWEEN THE PARTIES, IT IS SO ORDERED:.

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Defendants’ Motion to Dismiss Plaintiff’s First Amended Complaint shall be filed no later

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than November 20, 2015. Plaintiff’s Response in Opposition to Defendants’ Motion to Dismiss

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Plaintiff’s First Amended Complaint shall be filed no later than December 14, 2015. Defendant’s

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Reply in Support of their Motion to Dismiss Plaintiff’s First Amended Complaint shall be filed no

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later than December 23, 2015.

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10/27/2015
Dated: ______________

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_________________________________
United States District Court Judge

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JOINT STIPULATION AND PROPOSED ORDER
C.A. NO. 3:15-CV-03229-SC

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