Shepardson v. Adecco USA, Inc.

Filing 45

STIPULATION AND ORDER re 44 to Continue Case Management Conference filed by Kaitlyn Shepardson. Case Management Statement due by 5/17/2018. Further Case Management Conference reset for 5/24/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 3/14/18. (bpf, COURT STAFF) (Filed on 3/14/2018)

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BRYAN CAVE LLP
Allison Eckstrom (CA Bar 217255)
Julie W. O’Dell
(CA Bar 291083)
3161 Michelson Drive, Suite 1500
Irvine, CA 92612-4414
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
ADECCO USA, INC.

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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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March 22, 2018
10:30 a.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 pursuant to the arbitration agreement, which contains a class

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action waiver.

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WHEREAS, after the Court ruled on the Motion to Compel in this case, the Ninth Circuit

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Court of Appeal in Morris v. Ernst & Young, LLP, 834 F.3d 975 (9th Cir. 2016), held that class

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action waivers in arbitration agreements violate the National Labor Relations Act. The United

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States Supreme Court granted review of the Morris v. Ernst & Young decision. Ernst & Young,

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LLP v. Morris, 137 S.Ct. 809 (2017). This matter was stayed pending the Supreme Court’s

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decision.

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WHEREAS, the Supreme Court held oral argument on October 2, 2017, and, as of the date

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of this submission, the Supreme Court has yet to render a decision. Accordingly, the parties

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request a 6-week continuance of the CMC.

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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, the case management

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conference be continued six (6) weeks to a date after May 3, 2018.

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IT IS SO AGREED:
Dated: March 13, 2018

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

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

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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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Dated: March 13, 2018

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BRYAN CAVE LLP
Allison Eckstrom

By:

/s/Allison Eckstrom
Allison Eckstrom
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 her electronic
signature to this document.

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

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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 March 22, 2018, is continued and shall be scheduled

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May 24, 2018
10:30
to take place on __________________ at ___________a.m./p.m.

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IT IS SO ORDERED.

S

D

EDWARD M.O ORDERE
CHEN
UNITED IS S
IT STATES JUDGE
IFIED

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