Holl v. United Parcel Service, Inc.
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. Granting 24 Stipulation Setting Briefing Schedule for Defendant's 23 Motion to Compel Arbitration. (ndrS, COURT STAFF) (Filed on 12/22/2016)
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Matthew C. Helland, CA Bar No. 250451
NICHOLS KASTER, LLP
One Embarcadero Center, Suite 720
San Francisco, CA 94111
Telephone: (415) 277-7235
Facsimile: (415) 277-7238
helland@nka.com
Adam W. Hansen, CA Bar No. 264241
APOLLO LAW, LLC
400 South 4th Street, Suite 401M – 250
Minneapolis, MN 94415
Telephone: (612) 927-2969
Facsimile: (419) 793-1804
adam@apollo-law.com
Kai H. Richter, MN Bar No. 0296545*
Brock Specht, MN Bar No. 0388343*
NICHOLS KASTER, PLLP
4600 IDS Center, 80 S. Eighth Street
Minneapolis, MN 55402
Telephone: (612)256-3278
Facsimile: (612) 338-4878
krichter@nka.com
bspecht@nka.com
*admitted pro hac vice
Attorneys for Plaintiff and the Class
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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RANDALL HOLL,
Plaintiff,
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Case No. 16-cv-05856-HSG
v.
UNITED PARCEL SERVICE, INC.,
Defendant.
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STIPULATION AND [PROPOSED] ORDER
STIPULATION AND [PROPOSED]
ORDER SETTING BRIEFING
SCHEDULE FOR DEFENDANT’S
MOTION TO COMPEL
ARBITRATION
Motion to Compel filed: December 19,
2016
Current opposition due: January 3,
2017
New opposition due: January 18, 2017
Current reply due: January 10, 2017
New reply due: February 1, 2017
Hearing date: February 16, 2017 at
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2:00 p.m.
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STIPULATION AND [PROPOSED] ORDER
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STIPULATION
Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Randall Holl and Defendant United
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Parcel Service, Inc. (“UPS”), by and through their undersigned counsel, stipulate as follows:
WHEREAS, Plaintiff filed the Complaint in this action on October 11, 2016, and served
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UPS with the Complaint on October 20, 2016;
WHEREAS, on November 4, 2016, the parties stipulated and agreed to extend UPS’s
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deadline to respond to the Complaint until December 19, 2016;
WHEREAS, UPS filed a Motion to Compel Arbitration of Plaintiff Randall Holl’s claims
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on December 19, 2016 and noticed the motion for hearing on February 16, 2017 at 2:00 p.m.;
WHEREAS, Plaintiff’s response to the motion to compel arbitration is currently due
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January 3, 2017;
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WHEREAS, the parties have met and conferred, and agree that Plaintiff’s deadline to file
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a response to Defendant’s motion to compel arbitration may be extended until January 18, 2017,
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with UPS’s deadline to reply extended until February 1, 2017;
WHEREAS, good cause exists for an extension of Plaintiff’s deadline to respond to the
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motion to compel arbitration because the extension will provide Plaintiff sufficient time to
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prepare its response in light of the upcoming holidays, and UPS’s request for an extension will
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provide UPS with sufficient time to prepare its response; and
WHEREAS, this is the first request for an extension of Plaintiff’s deadline to respond to
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the Motion to Compel Arbitration, UPS’s second request for an extension (UPS previously
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requested an extension of time to file its initial response to Plaintiff’s Complaint), the extensions
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will not alter the date of any event or any deadline already fixed by Court order, and this request
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is not being made for purposes of delay or any other improper purpose;
THEREFORE, IT IS HEREBY AGREED AND STIPULATED, subject to the approval
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of the Court, that Plaintiff’s deadline to respond to Defendant’s Motion to Compel Arbitration
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shall be extended to January 18, 2017, and UPS shall have until February 1, 2017 to file a reply
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brief.
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STIPULATION AND [PROPOSED] ORDER
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Dated: December 21, 2016
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KAI H. RICHTER
NICHOLS KASTER, PLLP
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By:
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/s/ Kai H. Richter
Kai H. Richter
Attorneys for Plaintiff
RANDALL HOLL
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Dated: December 21, 2016
STACEY M. SPRENKEL
MORRISON & FOERSTER LLP
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By:
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/s/ Stacey M. Sprenkel
Stacey M. Sprenkel
Attorneys for Defendant
UNITED PARCEL SERVICE, INC.
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STIPULATION AND [PROPOSED] ORDER
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ECF ATTESTATION
I, Kai H. Richter, am the ECF User whose ID and password are being used to file this
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STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE FOR
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DEFENDANT’S MOTION TO COMPEL ARBITRATION. In accordance with Civil Local
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Rule 5-1, concurrence in the filing of this document has been obtained from Stacey Sprenkel,
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counsel for Defendant, and I shall maintain records to support this concurrence for subsequent
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production for the Court if so ordered or for inspection upon request by a party.
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Dated: December 21, 2016
NICHOLS KASTER, PLLP
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By:
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/s/ Kai H. Richter
KAI H. RICHTER
Attorneys for Plaintiff
RANDALL HOLL
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STIPULATION AND [PROPOSED] ORDER
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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: 12/22/2016
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By:___________________________________
HON. HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT COURT
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STIPULATION AND [PROPOSED] ORDER
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 21st day of December, 2016, the foregoing
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document was filed electronically on the CM/ECF system, which caused all CM/ECF participants
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to be served by electronic means.
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/s/ Kai H. Richter
KAI H. RICHTER
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Attorneys for Plaintiff
RANDALL HOLL
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STIPULATION AND [PROPOSED] ORDER
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