Jenkins v. Dickey's Barbecue Restaurants Inc.

Filing 22

STIPULATION AND ORDER re 21 resetting CMC filed by Christopher Jenkins Case Management Statement due by 3/29/2018. Initial Case Management Conference set for 4/5/2018 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 12/4/17. (bpfS, COURT STAFF) (Filed on 12/4/2017)

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1 2 3 4 5 VINCENT J. BARTOLOTTA, JR., ESQ. (SBN 055139) E-mail: KAREN R. FROSTROM, ESQ. (SBN 207044) E-mail: CHARLYNNE I. REJAIAN, ESQ. (SBN 299705) E-mail: THORSNES BARTOLOTTA McGUIRE LLP 2550 Fifth Avenue, 11th Floor San Diego, California 92103 Tel: (619) 236-9363 Fax: (619) 236-9653 6 Attorneys for Plaintiff CHRIS JENKINS 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 CHRIS JENKINS, Plaintiff, 12 13 14 Case No.: 16-CV-07133-EMC JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE v. Date: Time: Judge: Complaint Filed: Trial Date: DICKEY'S BARBECUE RESTAURANTS, INC., 15 Defendants. December 8, 2017 1:30 p.m. Hon. Edward M. Chen December 14, 2016 None set 16 [ORAL ARGUMENT NOT REQUIRED UNLESS REQUESTED BY THE COURT] 17 18 19 IT IS HEREBY STIPULATED by and between Plaintiff CHRIS JENKINS and Defendant 20 DICKEY’S BARBECUE RESTAURANTS, INC. that the Case Management Conference now set 21 December 8, 2017 at 1:30 p.m., and all associated deadlines, including the deadlines to make initial 22 disclosures, file a case management statement, and file ADR documents, may be continued for a 23 period of at least six (6) months, to a date convenient to this Court. 24 The Parties enter into this stipulation in light of the fact that the Court has stayed this case 25 pending arbitration, pursuant to the terms set forth in the November 12, 2015 Order Granting 26 Defendant’s Motion to Compel Arbitration in Meadows, et al. v. Dickey’s Barbecue, Inc., Case No.: 27 3:15-cv-02139-JST, which is also stayed pending the results of the Plaintiffs’ individual arbitrations 28 filed at the American Arbitration Association. 1 1251804v1 16-CV-07133-EMC JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE 1 Plaintiff filed a Demand for Arbitration on September 15, 2017. The Parties have recently 2 appointed and confirmed an arbitrator to hear Defendant’s Motion to Dismiss, which was filed on 3 November 15, 2017. The arbitration proceedings are in the early stages at the American Arbitration 4 Association, and no hearing date has been set. 5 The Parties respectfully request the Court continue the Case Management Conference 6 pending arbitration, for a period of at least six (6) months, to a date convenient for the Court. 7 8 IT IS SO STIPULATED. Dated: November 27, 2017 THORSNES BARTOLOTTA McGUIRE LLP 9 /s/ Karen F. Frostrom VINCENT J. BARTOLOTTA, JR., ESQ. KAREN R. FROSTROM, ESQ. CHARLYNNE I. REJAIAN, ESQ. Attorneys for Plaintiff CHRIS JENKINS By: 10 11 12 13 14 Dated: November 27, 2017 GREENBERG TRAURIG, LLP 15 By: 16 /s/ Jordan D. Grotzinger JORDAN D. GROTZINGER Attorneys for Defendant DICKEY’S BARBECUE RESTAURANTS, INC. 17 18 ECF Signature Certification 19 20 Pursuant to Electronic Case Filing Administrative Policies and Procedures Manual, I hereby 21 certify that the content of this document is acceptable to Jordan D. Grotzinger, counsel for 22 Defendant Dickey’s Barbecue Restaurants, Inc., and that I have obtained his authorization to affix 23 his electronic signature to this document. 24 Dated: November 27, 2017 25 /s/ Karen F. Frostrom Karen F. Frostrom IT IS SO ORDERED that the CMC is 26 27 reset from 12/8/17 to 4/5/18 at 9:30 a.m. R NIA ED ORDER IT IS SO DIFIED AS MO en rd M. Ch RT A H ER FO wa Judge Ed LI UNIT ED RT U O S DISTRICT TE C TA NO 1251804v1 3/29/18. S A joint CMC statement shall be filed by 28 N F D IS T IC T O R C 2 16-CV-07133-EMC JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

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