Holl v. United Parcel Service, Inc.

Filing 25

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: [phone]
Facsimile: [phone]
[e-mail]
Adam W. Hansen, CA Bar No. 264241
APOLLO LAW, LLC
400 South 4th Street, Suite 401M – 250
Minneapolis, MN 94415
Telephone: [phone]
Facsimile: [phone]
[e-mail]
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: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
*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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