Mikhak v. University of Phoenix

Filing 16

ORDER granting: 15 STIPULATION WITH PROPOSED ORDER TO MODIFY MOTION BRIEFING SCHEDULE filed by Bahar Mikhak. Reset Deadlines as to 14 MOTION to Compel Arbitration and Dismiss This Action Pursuant to F.R.C.P. 12(B)(6), Or In The Alternative, Stay the Proceedings. Responses due by 5/20/2016. Replies due by 6/3/2016. Signed by Judge Charles R. Breyer on 5/6/2016. (beS, COURT STAFF) (Filed on 5/10/2016)

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William C. McNeil, III, State Bar No. 64392
Noah A. Phillips, State Bar No. 306832
The LEGAL AID SOCIETY
– EMPLOYMENT LAW CENTER
180 Montgomery Street, Suite 600
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail]
[e-mail]
Howard Moore, Jr., State Bar No. 55228
MOORE & MOORE
1563 Solano Avenue, #204
Berkeley, California 94707-2116
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

NEDA N. DAL CIELO, Bar No. 161982
KIMBERLY GEE, Bar No. 264894
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, California 95113.2303
Telephone: [phone]
Facsimile: 408.288.5686
Emails: [e-mail]
[e-mail]
Attorneys for Defendant
UNIVERSITY OF PHOENIX, INC.

Attorneys for Plaintiff
BAHAR MIKHAK

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IN THE UNITED STATES DISCTRICT COURT

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FOR THE NORTHERN DISCTRICT OF CALIFORNIA

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BAHAR MIKHAK, an individual,

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Plaintiff,

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v.
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UNIVERSITY OF PHOENIX INC., an
Arizona corporation,

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Defendant.

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Case No. 3:16-cv-00901-CRB
JOINT STIPULATION TO MODIFY
MOTION BRIEFING SCHEDULE AND
ORDER
Hearing Date:
Time:
Courtroom:
Judge:

June 17, 2016
8:30 AM
6. 17th Floor
Honorable Charles R. Breyer

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{00465650.DOC}

3:16-cv-00901-CRB
JOINT STIPULATION TO MODIFY MOTION BRIEFING SCHEDULE

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WHEREAS, on April 25, 2016, Defendant University of Phoenix ("Defendant") filed a Notice of

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Motion and Motion to Compel Arbitration and to Dismiss (“Motion to Compel”) Plaintiff's

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Complaint ("Complaint") or, in the alternative to this Action (“Motion to Compel”), where it

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noticed a hearing date of June 17, 2016, before the Honorable Charles R. Breyer.

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WHEREAS, pursuant to Civil L.R. 7-3 of the Local Rules of Practice in Civil Proceedings

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before the United States District Court for the Northern District of California, the present deadline

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for Plaintiff to file and serve her Opposition to the Motion to Compel is May 9, 2017and the

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deadline for Defendant to file and serve its Reply is presently May 16, 2016.

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WHEREAS, Plaintiff’s counsel, Howard Moore, Jr., returned to Atlanta Georgia over the

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weekend of April 30, 2016 to attend a funeral, and therefore, his time to address the issues

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presented by Defendant’s Motion has been severely curtailed.

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WHEREAS, Plaintiff’s counsel William C. McNeill, III, also had a long schedule trip planned to

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the East Coast and therefore, his time to address Defendant’s motion has also been severely

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curtailed.

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NOW THEREFORE, Plaintiff Bahar Mikhak and Defendant, by and through their undersigned

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counsel, HEREBY STIPULATE AND AGREE AS FOLLOWS:

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1.

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Plaintiff is afforded an extension, until May 20, 2016, to file and serve her
Opposition to the Motion to Dismiss Plaintiff's Complaint;

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2.

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Defendant is afforded an extension, until June 3, 2016, to file and serve its Reply
to Plaintiff's Opposition to the Motion to Dismiss Plaintiff's Complaint.

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//

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//

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//

{00465650.DOC}
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3:16-cv-00901-CRB
JOINT STIPULATION TO MODIFY MOTION BRIEFING SCHEDULE AND [PROPOSED] ORDER

IT IS SO STIPULATED.

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Dated: May 5, 2016

/s/ Neda N. Dal Cielo
NEDA N. DAL CIELO
LITTLER MENDELSON
A Professional Corporation
Attorneys for Defendant UNIVERSITY OF
PHOENIX, INC.

Dated: May 5, 2016

/s/ William C. McNeill, III
WILLIAM C. McNEILL, III
NOAH A. PHILLIPS
LEGAL AID SOCIETY –
EMPLOYMENT LAW CENTER
Counsel for Plaintiff BAHAR MIKHAK

Dated: May 5, 2016

/s/ Howard Moore, Jr.
HOWARD MOORE, JR.
MOORE & MOORE
Counsel for Plaintiff BAHAR MIKHAK

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IT IS SO ORDERED.

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Dated: May 6, 2016
CHARLES R. BREYER
SENIOR UNITED STATES DISTRICT JUDGE

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{00465650.DOC}
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3:16-cv-00901-CRB
JOINT STIPULATION TO MODIFY MOTION BRIEFING SCHEDULE AND [PROPOSED] ORDER

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GENERAL ORDER 45 ATTESTATION
In accordance with General Order 45, concurrence in the filing of this document has been
obtained from each of the signatories, and I shall maintain records to support this concurrence
for subsequent production for the court if so ordered or for inspection upon request by a party.
/S/ William C. McNeill, III
William C. McNeill, III

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{00465650.DOC}
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3:16-cv-00901-CRB
JOINT STIPULATION TO MODIFY MOTION BRIEFING SCHEDULE AND [PROPOSED] ORDER