Stevens et al v. Jiffy Lube International, Inc.

Filing 22

STIPULATION AND ORDER re 21 Case Management Scheduling Order and 2 MOTION to Vacate 1 Petition to Vacate Arbitration Award Arbitraiton Award. Motion Hearing reset for 4/6/2017 01:30 PM in Courtroom 5, 17th Floor, San Fran cisco before Edward M. Chen. Case Management Statement due by 3/30/2017. Initial Case Management Conference reset for 4/6/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 2/6/17. (bpfS, COURT STAFF) (Filed on 2/6/2017)

Case 3:16-cv-07175-EMC Document 21 Filed 02/03/17 Page 1 of 4

1 SEDGWICK LLP
ROBERT D. EASSA, State Bar No. 107970
2 [e-mail]
MICHAEL L. FOX, State Bar No. 173355
3 [e-mail]
MARC A. KOONIN, State Bar No. 166210
4 [e-mail]
TARA K. CLANCY, State Bar No. 253321
5 [e-mail]
333 Bush Street, 30th Floor
6 San Francisco, CA 94104-2834
Telephone: [phone]
7 Facsimile: 415.781.2635
8 Attorneys for Respondent
JIFFY LUBE INTERNATIONAL, INC.
9
LAW OFFICES OF VINCENT M. SPOHN, A.P.C.
10 VINCENT M. SPOHN, State Bar No. 92334
[e-mail]
11 1005 Jefferson Street
P.O. Box 5748
12 Napa, CA 94581-0748
Telephone: [phone]
13 Facsimile: 707.255.0974
14 Attorneys for Petitioners
RANDY STEVENS and ELISSA STEVENS
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RANDY STEVENS and ELISSA STEVENS,
Petitioners,
v.

JIFFY LUBE INTERNATIONAL, INC., A
23 CORPORATION,
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Respondent.

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Case No. 16-cv-7175-EMC
STIPULATION TO CONTINUE (1)
HEARING ON PETITIONERS’ MOTION
FOR VACATUR OF ARBITRATION
AWARD AND (2) INITIAL CASE
MANAGEMENT CONFERENCE;
DECLARATION OF MICHAEL L. FOX

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Hearing Date/Time: 2/23/2017 at 1:30 p.m.
Courtroom 5, 17th Floor

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Assigned for All Purposes to the
Honorable Edward M. Chen

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84316821v1

Case No. 16-cv-7175-EMC
-1STIPULATION TO CONTINUE HEARING ON (1) PETITIONERS’ MOTION FOR VACATUR OF ARBITRATION AWARD AND
(2) INITIAL CASE MANAGEMENT CONFERENCE; DECLARATION OF MICHAEL L. FOX

Case 3:16-cv-07175-EMC Document 21 Filed 02/03/17 Page 2 of 4

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WHEREAS, on January 31, 2017—after reassignment of the above-referenced matter to

2 the Honorable Edward M. Chen—the Court sua sponte set a hearing on Petitioners’ Motion for
3 Vacatur of Arbitration Award (“Petitioners’ Motion”) for February 23, 2017 at 1:30 p.m. [Dkt #
4 20], and set the Initial Case Management Conference for March 23, 2017 at 9:30 a.m. [Dkt# 19];
5

WHEREAS, due to pre-existing scheduling conflicts that cannot be moved, counsel for all

6 parties met, conferred, and agreed to continue the hearing on Petitioners' Motion to Thursday,
7 April 6, 2017 at 1:30 p.m., which is an available hearing date according to the Court's Scheduling
8 Notes;
9

WHEREAS, due to pre-existing scheduling conflicts that cannot be moved, Petitioners'

10 counsel will not be available for the Initial Case Management Conference on March 23, 2017 at
11 9:30 a.m.; and
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WHEREAS, given the nature of the relief requested by Petitioners and limited extent of

13 any issues to be addressed at the Initial Case Management Conference, in the interest of efficiency
14 and economy, the parties request that the Court hold the Initial Case Management Conference at
15 the same date and time as the hearing on Petitioners' Motion;
16

IT IS HEREBY STIPULATED, by and through counsel for Petitioners Randy and Elissa

17 Stevens and Respondent Jiffy Lube International, Inc., subject to the Court's availability and
18 approval, that (1) the hearing on Petitioners' Motion be continued from February 23, 2017 at 1:30
19 p.m. to April 6, 2017 at 1:30 p.m., and (2) the March 23, 2017 Initial Case Management
20 Conference also be continued to Thursday, April 6, 2017, at 1:30 p.m.
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84316821v1

Case No. 16-cv-7175-EMC
-2STIPULATION TO CONTINUE HEARING ON (1) PETITIONERS’ MOTION FOR VACATUR OF ARBITRATION AWARD AND
(2) INITIAL CASE MANAGEMENT CONFERENCE; DECLARATION OF MICHAEL L. FOX

Case 3:16-cv-07175-EMC Document 21 Filed 02/03/17 Page 3 of 4

1 Dated: February 3, 2017

SEDGWICK LLP

2
3

By: /s/ Michael L. Fox
ROBERT D. EASSA
MICHAEL L. FOX
MARC A. KOONIN
TARA K. CLANCY
Attorneys for Respondent
JIFFY LUBE INTERNATIONAL, INC.

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5
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7
8 Dated: February 3, 2017
9

LAW OFFICES OF VINCENT M. SPOHN,
A.P.C.

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By: /s/ Vincent M. Spohn
VINCENT M. SPOHN
Attorneys for Petitioners
RANDY STEVES and ELISSA STEVENS

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13
14

DECLARATION OF MICHAEL L. FOX

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16

I, MICHAEL L. FOX, declare as follows:

17

1.

I am an attorney at law admitted to practice before the courts of the State of

18 California and the United States District Court for the Northern District of California. I am a
19 partner with the law firm of Sedgwick LLP, counsel of record for Respondent Jiffy Lube
20 International, Inc. (“Respondent”) in the above-referenced matter. This Declaration is submitted
21 in support of the Stipulation to Continue Hearing on Petitioners’ Motion for Vacatur of Arbitration
22 Award. The facts set forth in this declaration are based on my personal knowledge, on matters of
23 which I am informed as counsel, and on my review of the firms’ papers and records. If sworn as a
24 witness, I could and would testify competently to these facts.
25

2.

On January 31, 2017, this Court sua sponte set a hearing on Petitioners’ Motion

26 Motion for Vacatur of Arbitration Award (“Petitoners’ Motion”) for February 23, 2017 at 1:30
27 p.m. Counsel for Respondent are not available on this date due to preexisting conflicts that cannot
28 be moved, which will require that Robert Eassa and I both be out of state on that date.
84316821v1
Case No. 16-cv-7175-EMC
-3STIPULATION TO CONTINUE HEARING ON (1) PETITIONERS’ MOTION FOR VACATUR OF ARBITRATION AWARD AND
(2) INITIAL CASE MANAGEMENT CONFERENCE; DECLARATION OF MICHAEL L. FOX

Case 3:16-cv-07175-EMC Document 21 Filed 02/03/17 Page 4 of 4

1

3.

On February 2, 2017, I met and conferred with Petitioners’ counsel, Vincent

2 Spohn. Given Respondent counsel’s unavailability on February 23, the next available Thursday
3 when all counsel are available is April 6, 2017 (as Mr. Spohn advised me that he will be out of the
4 country March 21, 2017 through March 31, 2017, including March 23, 2017, the date set by the
5 Court for the Initial Case Management Conference). Accordingly, Mr. Spohn and I agreed to
6 stipulate to continue the hearing on Petitioners' Motion to Thursday, April 6, 2017 at 1:30 p.m.,
7 which hearing date is available according to the Court's Scheduling Notes. Mr. Spohn and I also
8 agreed to request that, given the nature of the relief requested by Petitioners and limited extent of
9 any issues to be addressed at the Initial Case Management Conference, the Court hold the Initial
10 Case Management Conference on the same date and time as the hearing on Petitioners' Motion.
11

Pursuant to 28 U.S.C. section 1746, I declare under penalty of perjury that the foregoing is

12 true and correct.
13

Executed this 3rd day of February, 2017 at San Francisco, California.

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/s/ Michael L. Fox
MICHAEL L. FOX

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84316821v1

Case No. 16-cv-7175-EMC
-4STIPULATION TO CONTINUE HEARING ON (1) PETITIONERS’ MOTION FOR VACATUR OF ARBITRATION AWARD AND
(2) INITIAL CASE MANAGEMENT CONFERENCE; DECLARATION OF MICHAEL L. FOX

Case 3:16-cv-07175-EMC Document 21-1 Filed 02/03/17 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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11 RANDY STEVENS and ELISSA STEVENS,

Case No. 16-cv-7175-EMC

12

[Proposed] ORDER GRANTING
REQUEST FOR CONTINUANCE ON
(1) HEARING ON PETITIONERS’
MOTION FOR VACATUR OF
ARBITRATION AWARD AND
(2) INITIAL CASE MANAGEMENT
CONFERENCE

13

Petitioners,
v.

14 JIFFY LUBE INTERNATIONAL, INC., A
CORPORATION,
15
Respondent.
16
17

Hearing Date/Time: 2/23/2017 at 1:30 p.m.
Courtroom 5, 17th Floor

18

Assigned for All Purposes to the
Honorable Edward M. Chen

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20

Pursuant to the parties’ Stipulation to Continue (1) Hearing on Petitioners’ Motion for

21 Vacatur of Arbitration Award (“Petitioners’ Motion”) and (2) Initial Case Management
22 Conference, and the supporting declaration of Michael L. Fox; and good cause appearing, IT IS
23 HEREBY ORDERED that the February 23, 2017 hearing on Petitioners’ Motion is continued to
24 Thursday, April 6, 2017 at 1:30 p.m., and the March 23, 2017 Initial Case Management

R NIA

2/6/17

ERED

O ORD
IT IS S

RT

FO

NO

Chen
THE HONORABLE EDWARDwaM. .CHEN
d rd M
Judge E

28

LI

27 DATED:

UNIT
ED

26 IT IS SO ORDERED.

ISTRIC
ES D
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AT
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25 Conference is also continued to Thursday, April 6, 2017, at 1:30 p.m.

A

-1-

H

E R No.
C
Case N 16-cv-7175-EMC
OF
D
VACATUR
[PROPOSED] ORDER GRANTING REQUEST FOR CONTINUANCE OF (1) PETITIONERS’ MOTION FOR IS T R I C T OF
ARBITRATION AWARD AND (2) INITIAL CASE MANAGEMENT CONFERENCE

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