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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VINCENT J. BARTOLOTTA, JR., ESQ. (SBN 055139)
E-mail: [e-mail]
KAREN R. FROSTROM, ESQ. (SBN 207044)
E-mail: [e-mail]
CHARLYNNE I. REJAIAN, ESQ. (SBN 299705)
E-mail: [e-mail]
THORSNES BARTOLOTTA McGUIRE LLP
2550 Fifth Avenue, 11th Floor
San Diego, California 92103
Tel: [phone] Fax: [phone]

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Attorneys for Plaintiff CHRIS JENKINS
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRIS JENKINS,
Plaintiff,

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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.,

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Defendants.

December 8, 2017
1:30 p.m.
Hon. Edward M. Chen
December 14, 2016
None set

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[ORAL ARGUMENT NOT REQUIRED
UNLESS REQUESTED BY THE COURT]

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IT IS HEREBY STIPULATED by and between Plaintiff CHRIS JENKINS and Defendant

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DICKEY’S BARBECUE RESTAURANTS, INC. that the Case Management Conference now set

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December 8, 2017 at 1:30 p.m., and all associated deadlines, including the deadlines to make initial

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disclosures, file a case management statement, and file ADR documents, may be continued for a

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period of at least six (6) months, to a date convenient to this Court.

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The Parties enter into this stipulation in light of the fact that the Court has stayed this case

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pending arbitration, pursuant to the terms set forth in the November 12, 2015 Order Granting

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Defendant’s Motion to Compel Arbitration in Meadows, et al. v. Dickey’s Barbecue, Inc., Case No.:

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3:15-cv-02139-JST, which is also stayed pending the results of the Plaintiffs’ individual arbitrations

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filed at the American Arbitration Association.
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1251804v1

16-CV-07133-EMC
JOINT STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE

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Plaintiff filed a Demand for Arbitration on September 15, 2017. The Parties have recently

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appointed and confirmed an arbitrator to hear Defendant’s Motion to Dismiss, which was filed on

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November 15, 2017. The arbitration proceedings are in the early stages at the American Arbitration

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Association, and no hearing date has been set.

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The Parties respectfully request the Court continue the Case Management Conference

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pending arbitration, for a period of at least six (6) months, to a date convenient for the Court.

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IT IS SO STIPULATED.
Dated: November 27, 2017

THORSNES BARTOLOTTA McGUIRE LLP

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/s/ Karen F. Frostrom
VINCENT J. BARTOLOTTA, JR., ESQ.
KAREN R. FROSTROM, ESQ.
CHARLYNNE I. REJAIAN, ESQ.
Attorneys for Plaintiff
CHRIS JENKINS

By:

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Dated: November 27, 2017

GREENBERG TRAURIG, LLP

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By:

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/s/ Jordan D. Grotzinger
JORDAN D. GROTZINGER
Attorneys for Defendant
DICKEY’S BARBECUE RESTAURANTS, INC.

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ECF Signature Certification

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Pursuant to Electronic Case Filing Administrative Policies and Procedures Manual, I hereby

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certify that the content of this document is acceptable to Jordan D. Grotzinger, counsel for

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Defendant Dickey’s Barbecue Restaurants, Inc., and that I have obtained his authorization to affix

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his electronic signature to this document.

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Dated: November 27, 2017

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/s/ Karen F. Frostrom
Karen F. Frostrom
IT IS SO ORDERED that the CMC is

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reset from 12/8/17 to 4/5/18 at 9:30 a.m.

R NIA

ED
ORDER
IT IS SO DIFIED
AS MO

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Judge Ed

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UNIT
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1251804v1

3/29/18.

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A joint CMC statement shall be filed by
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D IS T IC T O
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16-CV-07133-EMC
JOINT STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE