Shepardson v. Adecco USA, Inc.

Filing 40

STIPULATION AND ORDER re 39 TO CONTINUE CASE MANAGEMENT CONFERENCE filed by Adecco USA, Inc. Case Management Statement due by 1/25/2018. Further Case Management Conference set for 2/1/2018 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 11/30/17. (bpf, COURT STAFF) (Filed on 11/30/2017)

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BRYAN CAVE LLP
Julie E. Patterson (CA Bar 167326)
Julie W. O’Dell
(CA Bar 291083)
3161 Michelson Drive, Suite 1500
Irvine, CA 92612-4414
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
Attorneys for Defendant
ADECCO USA, INC.

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BRYAN CAVE LLP
3161 MICHELSON DRIVE, SUITE 1500
IRVINE, CA 92612-4414

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RIGHETTI – GLUGOSKI, P.C.
Matthew Righetti (CA Bar 121012)
John Glugoski
(CA Bar 191551)
Michael Righetti (CA Bar 258541)
456 Montgomery St., Ste. 1400
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff
KAITLYN SHEPARDSON

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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,
Plaintiff,

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Case No. 3:15-cv-05102-EMC
(San Mateo Superior Court CIV 535091)
Hon. Edward M. Chen / Room 5

v.
CLASS ACTION

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

JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
CASE MANAGEMENT CONFERENCE

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[Pursuant to Local Rules 7-12, 16.2(e)]

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Date:
Time:
Room:

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December 8, 2017
1:30 p.m.
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Complaint Filed: August 18, 2015
FAC Filed:
October 2, 2015

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IR01DOCS\873941.1\0389659
3:15-cv-05102
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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Plaintiff Kaitlyn Shepardson (“Plaintiff”) and Defendant Adecco USA, Inc. (“Adecco” or

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“Defendant”) (collectively, the “Parties”), through their respective counsel of record, stipulate and

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agree as follows:

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WHEREAS, Plaintiff filed the proposed class action on or about August 18, 2015.

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Defendant removed the action to this Court and filed a Motion to Compel single plaintiff

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arbitration pursuant to the Dispute Resolution Agreement between the parties. The Court granted

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Defendant’s Motion to Compel single plaintiff arbitration pursuant to the arbitration agreement,

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which contains a class action waiver.
WHEREAS, after the Court ruled on the Motion to Compel in this case, the Ninth Circuit

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BRYAN CAVE LLP
3161 MICHELSON DRIVE, SUITE 1500
IRVINE, CA 92612-4414

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Court of Appeal in Morris v. Ernst Young held that class action waivers in arbitration agreements

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violate the National Labor Relations Act. The United States Supreme Court granted review of the

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Morris v. Ernst Young decision to resolve the enforceability of class action waivers in arbitration

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

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resolution of this issue as it may impact whether the class action waiver in this case is valid.

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

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WHEREAS, the Court recently rescheduled the next case management conference in this

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matter for December 8, 2017, and counsel for Adecco has a conflict on that date due to a prepaid

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full-day wage and hour seminar in Los Angeles.

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WHEREAS, Plaintiff’s counsel will be traveling out of the country for the holidays from

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December 21, 2017 to January 9, 2018.

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IR01DOCS\873941.1\0389659
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3:15-cv-05102
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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IT IS THEREFORE STIPULATED BY THE PARTIES, THROUGH THEIR

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RESPECTIVE COUNSEL OF RECORD that, subject to Court approval, to allow the Supreme

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Court to rule and to take into consideration the unavailability of counsel, that the case management

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conference be continued to a date between December 11 and 20, 2017, or after January 9, 2018.

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IT IS SO AGREED:
Dated: November 30, 2017

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By:

/s/ John Glugoski
John Glugoski
Attorneys for Defendant
KAITLYN SHEPARDSON

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BRYAN CAVE LLP
3161 MICHELSON DRIVE, SUITE 1500
IRVINE, CA 92612-4414

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RIGHETTI – GLUGOSKI, P.C.
Matthew Righetti
John Glugoski
Michael Righetti

Dated: November 30, 2017

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BRYAN CAVE LLP
Julie E. Patterson
Julie W. O’Dell
Steven A. Witt

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By:

/s/ Julie E. Patterson
Julie E. Patterson
Attorneys for Defendant
ADECCO USA, INC.

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SIGNATURE CERTIFICATION

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I hereby certify that I have obtained counsel’s authorization to affix his electronic signature
to this document.
/s/ Julie E. Patterson
Julie E. Patterson
BRYAN CAVE LLP
Attorneys for Defendant ADECCO USA, INC.

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IR01DOCS\873941.1\0389659
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3:15-cv-05102
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

[PROPOSED] ORDER

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PURSUANT TO GOOD CAUSE, THE COURT HEREBY ORDERS that the Case

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Management Conference, now scheduled for December 8, 2017, is continued and shall be

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2/1/18
10:30
scheduled to take place on __________________ at ___________a.m./p.m.

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IT IS SO ORDERED.

R NIA

. Chen

J

ER

FO

ward M
udge Ed

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BRYAN CAVE LLP
3161 MICHELSON DRIVE, SUITE 1500
IRVINE, CA 92612-4414

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OO
IT IS S
DIFIED
AS MO

H

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RT

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EDWARD M. CHEN
UNITED STATESRED
RDE JUDGE

NO

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, 2017

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11/30

UNIT
ED

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DATED:

S DISTRICT
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D IS T IC T O
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IR01DOCS\873941.1\0389659
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3:15-cv-05102
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

PROOF OF SERVICE
CCP 1013a(3) Revised 5/1/88
(San Mateo – CIV 535091 – Shepardson v. Adecco)
(USDC - 3:15-cv-05102-EMC – Shepardson v. Adecco)

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STATE OF CALIFORNIA, COUNTY OF ORANGE

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I am employed in the County of Orange, State of California. I am over the age of 18 and

5 not a party to the within action. My business address is: 3161 Michelson Drive, Suite 1500,
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Irvine, CA 92612-4414.
On November 30, 2017, I caused the following document(s) described as:
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
to be served on all interested parties in this action as follows:

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Bryan Cave LLP
3161 MICHELSON DRIVE, SUITE 1500
Irvine, California 92612-4414

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Matthew Righetti, Esq.
John Glugoski, Esq.
Michael Righetti, Esq.
Righetti – Glugoski, P.C.
456 Montgomery St., Ste. 1400
San Francisco, CA 94104

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Attorneys for Plaintiff
Kaitlyn Shepardson
Phone:
[phone]
Fax:
[phone]
E-mail: [e-mail]
[e-mail]
[e-mail]

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[ ] BY CM/ECF NOTICE OF ELECTRONIC FILING: I caused said document(s) to be
served by means of this Court’s electronic transmission of the Notice of Electronic filing through
17 the Court’s transmission facilities, to the parties and/or counsel who are registered CM/ECF Users
set forth in the service list obtained from this Court.

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[

] FEDERAL - I declare that I am employed in the office of a member of the bar of this

19 Court at whose direction the service was made.
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Executed on November 30, 2017, at Irvine, California.

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/s/ Julie E. Patterson
Julie E. Patterson

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IR01DOCS\784146.1\0389659

PROOF OF SERVICE