Abante Rooter and Plumbing Inc v. Nationwide Mutual Insurance Company

Filing 63

STIPULATION AND ORDER re 62 CONTINUING CASE MANAGEMENT CONFERENCE filed by Nationwide Mutual Insurance Company. Case Management Statement due by 7/12/2018. Further Case Management Conference set for 7/19/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 4/17/18. (bpfS, COURT STAFF) (Filed on 4/17/2018)

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SONIA MARTIN (State Bar No. 191148)
DENTONS US LLP
One Market Plaza, Spear Tower, 24th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

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Attorney for Defendant
NATIONWIDE MUTUAL INSURANCE
COMPANY

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[Counsel for Other Parties Listed on Signature Page]

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UNITED STATES DISTRICT COURT

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DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105
[phone]

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ABANTE ROOTER AND PLUMBING INC,
individually and on behalf of all others
similarly situated,

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Plaintiff,
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STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE
Date:
Time:
Courtroom:
Before:

vs.
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Case No. 3:17-CV-03328-EMC

May 24, 2018
10:30 a.m.
5, 17th Foor
Hon. Edward M. Chen

NATIONWIDE MUTUAL INSURANCE
COMPANY; AMIN EMPIRE, INC. D/B/A
EXCLUSIVE CALLS,
Defendants.

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Pursuant to Civil Local Rule 6-2, the Parties respectfully request that the Court enter the
following stipulation to continue the date of the Case Management Conference.
WHEREAS, Nationwide filed a motion to stay this litigation pending the outcome of ACA
International v. Federal Communications Commission, No. 15-1211, (D.C. Cir.), which addresses the

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Case No. 3:17-CV-03328-EMC

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STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

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validity of, inter alia, the FCC’s rulings on the types of calling equipment qualify as an automatic

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telephone dialing system;

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WHEREAS, by Orders dated January 26, 2018, the Court denied Nationwide’s motion to stay,

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set a further Case Management Conference for May 24, 2018, and ordered that the discovery to be

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conducted prior to the next Case Management Conference would be limited as set forth in the Court's

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Order;

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WHEREAS, by Stipulation and Order dated February 8, 2018, plaintiff filed a Second Amended

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Complaint, adding as a defendant Amin Empire, Inc. d/b/a Exclusive Calls (“Exclusive Calls”), which

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allegedly placed telephone calls to plaintiff in or about August 2016;

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DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105
[phone]

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WHEREAS, by Stipulation and Order dated March 16, 2018, Defendant Exclusive Calls has
until May 3, 2018 to file a response to the Second Amended Complaint;
WHEREAS, once Exclusive Calls files a responsive pleading, the parties plan to conduct
deposition and document discovery as to Exclusive Calls;

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WHEREAS, the D.C. Circuit issued its decision in ACA International v. Federal

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Communications Commission, No. 15-1211, 2018 WL 1352922 (D.C. Cir. Mar. 16, 2018), which

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granted in part and denied in part the various petitions for review, and it is not known whether there will

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be any appellate review of the ACA International ruling;

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WHEREAS, to give the parties time to conduct discovery as to Exclusive Calls once it files a

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responsive pleading and to evaluate the impact of ACA International on this case, the parties respectfully

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request that the Court continue the May 24, 2018 Case Management Conference to July 19, 2018 or the

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next available date on the Court's calendar;

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NOW THEREFORE, the Parties jointly request that the Court enter the following Stipulation as
an Order of the Court:

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The Case Management Conference shall be continued to July 19, 2018 at 10:30 a.m.

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IT IS SO STIPULATED.

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Case No. 3:17-CV-03328-EMC

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STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

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Dated: April 13, 2018

DENTONS US LLP

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By:

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Attorney for Defendant
NATIONWIDE MUTUAL INSURANCE
COMPANY

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/s/ Sonia Martin
SONIA MARTIN

Dated: April 13, 2018

LAW OFFICES OF TODD M. FRIEDMAN, P.C.

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By:

DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105
[phone]

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Attorneys for Plaintiff
ABANTE ROOTER AND PLUMBING INC

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/s/ Todd M. Friedman
TODD M. FRIEDMAN (State Bar No. 216752)
ADRIAN R. BACON (State Bar No. 280332)
MEGHAN E. GEORGE (State Bar No. 274525)
LAW OFFICES OF TODD M. FRIEDMAN, P.C.

Dated: April 13, 2018

CARLSON & MESSER LLP

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By:

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/s/ David Kaminski
DAVID KAMINSKI
CARLSON & MESSER LLP
Attorney for Defendant
AMIN EMPIRE, INC.

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Case No. 3:17-CV-03328-EMC

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STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

[PROPOSED] ORDER

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Good cause appearing therefor:

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IT IS ORDERED that the Case Management Conference scheduled for May 24, 2018, shall be

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4/17/18
Dated: _______________

UNIT
ED

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S DISTRICT
TE
C
TA
___________________________________

continued to July 19, 2018 at 10:30 a.m.

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NO

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DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105
[phone]

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The Honorable Edward M. Chen
United States District JudgeRED

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Case No. 3:17-CV-03328-EMC

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STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE