Shepardson v. Adecco USA, Inc.

Filing 37

ORDER re 36 Case Management Statement filed by Kaitlyn Shepardson. Case Management Statement due by 12/5/2017. Further Case Management Conference set for 12/12/2017 02:30 PM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 11/14/17. (bpfS, COURT STAFF) (Filed on 11/14/2017)

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MATTHEW RIGHETTI {121012}
JOHN GLUGOSKI
{191551}
MICHAEL RIGHETTI
{258541}
RIGHETTI · GLUGOSKI, P.C.
456 MONTGOMERY STREET, SUITE 1400
SAN FRANCISCO, CA 94104
TELEPHONE: [phone]
FACSIMILE: [phone]
E-MAIL: [e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFF

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JULIE E. PATTERSON
{167326}
JULIE W. O’DELL
{291083}
BRYAN CAVE LLP
3161 MICHELSON DRIVE, SUITE 1500
IRVINE, CA 92612-4414
TELEPHONE: [phone]
FACSIMILE:[phone]
E-MAIL: JEPATTERSON@ BRYANCAVE.COM
JULIE.ODELL@ BRYANCAVE.COM

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ATTORNEYS FOR DEFENDANT ADECCO USA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KAITLYN SHEPARDSON,
individually, and on behalf of other members
of the general public similarly situated,

CASE NO.: 3:15-CV-05102-EMC
(SAN MATEO SUPERIOR COURT CIV 535091)
CLASS ACTION

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Plaintiff,

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JOINT CASE MANAGEMENT
CONFERENCE
HON. EDWARD M. CHEN / ROOM 5

vs.
ADECCO USA, INC.,
and DOES 1 through 100, inclusive,

DATE: NOVEMBER 16, 2017
TIME: 10:30 A.M.
ROOM: 5

Defendants.

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT

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By and through their respective counsel of record, Plaintiff Kaitlyn Shepardson

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(“Plaintiff”) and Defendant ADECCO USA INC, (“Defendant”) hereby submit this Joint Case

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Management Statement:

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Plaintiff filed the proposed class action on or about August 18, 2015. Defendant
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removed the action to this Court and filed a Motion to Compel single plaintiff arbitration

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pursuant to the Arbitration Agreement between the parties. The Court granted Defendant’s

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Motion to Compel single plaintiff arbitration pursuant to the arbitration agreement, which

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contains a ban on class actions.

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After the Court ruled on the Motion to Compel in this case, the Ninth Circuit Court of
Appeal in Morris v. Ernst Young held that bans on class actions in arbitration agreements

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violate the National Labor Relations Act. The United States Supreme Court granted review of
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the Morris v. Ernst Young decision to resolve the enforceability of class actions bans in

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arbitration agreements in light of the National Labor Relations Act. This matter was stayed

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pending resolution of this issue as it may impact whether the ban on class actions in this case is

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valid.

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The Supreme Court held oral argument on October 2, 2017. As of the date of this
submission, the Supreme Court has yet to render a decision.

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Should the Supreme Court issue their Opinion by November 13, 2017 the parties will be

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prepared to discuss at the CMC how to proceed based on the outcome of Morris v. Ernst
Young. Should the Supreme Court not issue their Opinion by November 13, 2017, the parties
///

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///
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT

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request a two-week continuance to allow the Supreme Court to rule.

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DATED: NOVEMBER 6, 2017

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RIGHETTI ● GLUGOSKI P.C.

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By: _/s/John Glugoski_______________
John Glugoski
Attorneys for Plaintiff

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BRYAN CAVE LLP

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BY:_/S/JULIE PATTERSON_____________
JULIE PATTERSON

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Attorneys for Defendant

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT

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Morris v. Ernst Young. A Joint Case Management Conference Statement shall be due
December 5, 2017
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HONORABLE EDWARD D CHEN
M.
RDERE
UNITED STATES DISTRICT COURT
OO
D
IT S
JUDGE IS
ODIFIE

AS M

ard M.

NO

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UNIT
ED

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11/14
, 2017

S DISTRICT
TE
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TA

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9 Dated: October

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RT

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dw
Judge E

ER

Chen

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R NIA

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The Case Management Conference set for November 16, 2017 shall be continued to
at 2:30 p.m.
December 12, 2017
_________________. The stay of this action shall remain in effect pending the resolution of

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ORDERED AS FOLLOWS:

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Based on the foregoing Stipulation and good cause appearing, IT IS HEREBY

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ORDER

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F
D IS T IC T O
R

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT

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