Salvan v. Toys 'R' US-Delaware, Inc.

Filing 46

STIPULATION AND ORDER re 45 STIPULATION WITH PROPOSED ORDER Re Hearing Date for Defendant's Motion for Summary Judgment and Partial Summary Judgment filed by Toys 'R' Us-Delaware, Inc. Set/Reset Deadlines as to [43 ] MOTION for Summary Judgment and Partial Summary Judgment. Responses due by 6/1/2017. Replies due by 6/12/2017. Motion Hearing set for 7/27/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on May 18, 2017. (wsn, COURT STAFF) (Filed on 5/18/2017)

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Larry W. Lee, Esq.
Kristen M. Agnew
Nicholas Rosenthal
DIVERSITY LAW GROUP, P.C.
515 S. Figueroa St., Suite 1250
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
E-mails: [e-mail]
William L. Marder, Esq.
POLARIS LAW GROUP, P.C.
501 San Benito St., Suite 200
Hollister, California 95023
Telephone: [phone]
Facsimile: [phone]
E-mails: [e-mail]
Attorneys for Plaintiff
MARINA SALVAN

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Mia Farber (State Bar No. 131467)
Adam Y. Siegel (State Bar No. 238568)
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, California 90017-5408
Telephone: [phone]
Facsimile: [phone]
E-mails: [e-mail]
[e-mail]

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Attorneys for Defendant
TOYS ‘R’ US - DELAWARE, INC.

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UNITED STATES DISTRICT COURT CALIFORNIA

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NORTHERN DISTRICT OF CALIFORNIA

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MARINA SALVAN, as an individual and on
behalf of all others similarly situated,

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JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
HEARING DATE FOR DEFENDANT’S
MOTION FOR SUMMARY
JUDGMENT AND PARTIAL
SUMMARY JUDGMENT

Plaintiffs,
v.

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Case No. 3:16-cv-04138-JST

TOYS ‘R’ US-DELAWARE, INC., a
Delaware corporation; and DOES 1 through
50, inclusive,

Complaint Filed: 06/17/2016
Removal filed:
07/22/2016
Trial Date:
None Set

Defendants.

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Joint Stipulation and [Proposed] Order Regarding Hearing Date For Defendant’s Motion for Summary Judgment
Case No. 3:16-cv-04138

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JOINT STIPULATION REGARDING HEARING DATE FOR DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT AND PARTIAL SUMMARY JUDGMENT

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This Joint Stipulation is made and entered into by and between plaintiff Marina Salvan

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(“Plaintiff”) and defendant Toys ‘R’ Us-Delaware, Inc. (“Defendant”) (collectively “the Parties”)

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by and through their respective attorneys’ of record.

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RECITALS
1.

On March 17, 2017, Plaintiff filed a Motion For Class Certification with a hearing

date of June 22, 2017. ECF No. 34.
2.

On May 11, 2017, Defendant filed a Motion for Summary Judgment and Partial

Summary Judgment with a hearing date of June 15, 2017. ECF No. 43.
3.

On May 16, 2017, the Court Clerk issued notice continuing the hearing date of

Defendant’s Motion for Summary Judgment to August 10, 2017. ECF No. 44.
4.

The Parties believe that hearing Plaintiff’s Motion for Class Certification at the

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same time as Defendant’s Motion for Summary Judgment is more efficient and will conserve

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judicial resources.

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TERMS OF AGREEMENT

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Based on the above recitals, the Parties agree, subject to the Court’s approval, as follows:

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5.

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The hearing on Defendant’s Motion for Summary Judgment be set concurrently

with the hearing on Plaintiff’s Motion for Class Certification on June 22, 2017 at 2:00 p.m.
6.

The briefing schedule for Defendant’s Motion for Summary Judgment be modified

as follows:

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June 1, 2017 – Last day for Plaintiff to file an opposition brief

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June 12, 2017 – Last day for Defendant to file a reply brief.

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DIVERSITY LAW GROUP, P.C.
Dated: ___May 17, 2017_______

/s/ Larry W. Lee
LARRY W. LEE
KRISTEN M. AGNEW
Attorneys for Plaintiff

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Joint Stipulation and [Proposed] Order Regarding Hearing Date For Defendant’s Motion for Summary Judgment
Case No. 3:16-cv-04138

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JACKSON LEWIS P.C.
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Dated: ___May 17, 2017_______

/s/ Sander van der Heide
MIA FARBER
ADAM Y. SIEGEL
SANDER VAN DER HEIDE
Attorneys for Defendant
Toys ‘R’ Us-Delaware, Inc.

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ATTESTATION
I, Sander van der Heide, attest that concurrence in the filing of this document was obtained
from Plaintiff’s counsel.

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[PROPOSED] ORDER
Based on the stipulation of the Parties:
IT IS HEREBY ORDERED that
1. The hearing on Defendant’s Motion for Summary Judgment is set concurrently

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with the hearing on Plaintiff’s Motion for Class Certification on June 22, 2017 at 2:00 p.m.
July 27, 2017
2. The briefing schedule for Defendant’s Motion for Summary Judgment is modified

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as follows:

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June 1, 2017 – Last day for Plaintiff to file an opposition brief.

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June 12, 2017 – Last day for Defendant to file a reply brief.

May 18
Dated: ________________, 2017

S DISTRICT
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ERED
O ORD D
IT IS S
DIFIE
AS MO

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n S.
J u d ge J o

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Ti ga r

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A

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R NIA

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UNIT
ED

Honorable Jon S. Tigar
United States District Judge

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FO

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IT IS SO ORDERED.

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D IS T IC T
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Joint Stipulation and [Proposed] Order Regarding Hearing Date For Defendant’s Motion for Summary Judgment
Case No. 3:16-cv-04138