Shepardson v. Adecco USA, Inc.

Filing 47

STIPULATION AND ORDER re 46 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Kaitlyn Shepardson. Further CMC reset for 8/2/18 at 10:30 a.m. Signed by Judge Edward M. Chen on 5/16/18. (bpfS, COURT STAFF) (Filed on 5/16/2018)

1
2
3
4

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]

5
6

Attorneys for Defendant
ADECCO USA, INC.

7
8
9
10
11
12

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]

13
14

Attorneys for Plaintiff
KAITLYN SHEPARDSON

15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17
18

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

19

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

v.
CLASS ACTION

20
21
22

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

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

23

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

24

Date:
Time:
Room:

25
26

May 24, 2018
10:30 a.m.
5

Complaint Filed: August 18, 2015
FAC Filed:
October 2, 2015

27
28
IR01DOCS\873941.1\0389659
3:15-cv-05102
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

1
2
3

Plaintiff Kaitlyn Shepardson (“Plaintiff”) and Defendant Adecco USA, Inc. (“Adecco” or
“Defendant”) (collectively, the “Parties”), through their respective counsel of record, stipulate and
agree as follows:

4
WHEREAS, Plaintiff filed the proposed class action on or about August 18, 2015.
5
6

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

7

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

8

Defendant’s Motion to Compel pursuant to the arbitration agreement, which contains a class

9

action waiver.

10
11

WHEREAS, after the Court ruled on the Motion to Compel in this case, the Ninth Circuit
Court of Appeal in Morris v. Ernst & Young, LLP, 834 F.3d 975 (9th Cir. 2016), held that class

12
13
14

action waivers in arbitration agreements violate the National Labor Relations Act. The United
States Supreme Court granted review of the Morris v. Ernst & Young decision. Ernst & Young,

15

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

16

decision.

17
18

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.

19
Further Plaintiff’s counsel will be out of the country from June 14, 2018 through July 10,
20
21

2018. Accordingly, the parties request a 6-week continuance of the CMC.

22
23
24

///

25
26

///

27
28
IR01DOCS\873941.1\0389659
1
3:15-cv-05102
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

1

IT IS THEREFORE STIPULATED BY THE PARTIES, THROUGH THEIR

2

RESPECTIVE COUNSEL OF RECORD that, subject to Court approval, the case management

3

conference be continued six (6) weeks to a date after July 10, 2018.

4
5

IT IS SO AGREED:
Dated: May 15, 2018

6
7

By:

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

8
9
10
11

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

Dated: May 15, 2018

12

BRYAN CAVE LLP
Allison Eckstrom

13
/s/Allison Eckstrom
Allison Eckstrom
Attorneys for Defendant
ADECCO USA, INC.
By:

14
15
16
17
18
19

SIGNATURE CERTIFICATION
I hereby certify that I have obtained counsel’s authorization to affix her electronic
signature to this document.

20
21
22
23

By:

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

24
25
26
27
28
IR01DOCS\873941.1\0389659
2
3:15-cv-05102
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

[PROPOSED] ORDER

1
2

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

3

Management Conference, now scheduled for March 22, 2018, is continued and shall be scheduled

4

8/2/18
10:30
to take place on __________________ at ___________a.m./p.m.

5

IT IS SO ORDERED.

5/24

13

R NIA

O
IT IS S
IFIED
S MOD
A

en

LI

ER

FO

d M. Ch

dwar
Judge E

H

12

RT

11

EDWARD M. CHEN
ED
UNITED STATES JUDGE
ORDER

NO

10

, 2017

A

9

5/16

UNIT
ED

8

DATED:

S DISTRICT
TE
C
TA

RT
U
O

7

S

6

N

D IS T IC T
R

OF

C

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IR01DOCS\873941.1\0389659
3
3:15-cv-05102
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE