Bravo v. On Delivery Services, LLC et al

Filing 54

STIPULATION AND ORDER re 52 47 MOTION to Dismiss and Strike filed by Alfredo Bravo. Responses due by 8/9/2018. Replies due by 9/6/2018. Motion Hearing set for 9/20/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Signed by Judge Edward M. Chen on 7/17/18. (bpf, COURT STAFF) (Filed on 7/17/2018)

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DOUGLAS J. FARMER, CA Bar No. 139646
[e-mail]
LAUREN M. COOPER, CA Bar No. 254580
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870
Attorneys for Defendants
MATTRESS FIRM, INC., TFORCE FINAL
MILE WEST, LLC (incorrectly named as
Dynamex) and XPO LAST MILE, INC. d/b/a
XPO LOGISTICS (incorrectly named as XPO
Logistics Supply Chain, Inc.)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ALFREDO BRAVO,
Plaintiff,

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v.
ON DELIVERY SERVICES, LLC; JORGE
ALFARO; FRISCO BAY TRANSPORT,
INC.; DYNAMEX; XPO LOGISTICS
SUPPLY CHAIN, INC.; AMAZON.COM
SERVICES, INC.; IKEA U.S. WEST, INC.;
MATRESS FIRM, INC.; AND NORTH
AMERICAN LOGISTICS GROUP LLC,
Defendant.

Case No. 3:18-cv-01913-EMC
STIPULATED REQUEST AND
[PROPOSED] ORDER FOR EXTENSION
OF BRIEFING SCHEDULE RE MOTION
TO DISMISS AND STRIKE AND
CONTINUING CASE MANAGEMENT
CONFERENCE

Complaint Filed:
Removal Date:
FAC Filed:
Trial Date:

February 14, 2018
March 28, 2018
June 21, 2018
None yet set

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Case No. 3:18-cv-01913-EMC
STIPULATED REQUEST AND [PROPOSED] ORDER FOR EXTENSION OF BRIEFING SCHEDULE RE
MOTION TO DISMISS AND STRIKE AND CONTINUING OF CASE MANAGEMENT CONFERENCE

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TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Defendants Mattress Firm, Inc. (“Mattress”), TForce Final Mile West, LLC (incorrectly

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named as Dynamex) (“TForce”), and XPO Last Mile, Inc. d/b/a/ XPO Logistics (incorrectly named

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as XPO Logistics Supply Chain, Inc.) (“XPO”) (collectively, “Defendants”), on the one hand, and

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Plaintiff Alfredo Bravo (“Plaintiff”), on the other hand, by and through their respective counsel of

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record, hereby stipulate as follows:

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WHEREAS, Plaintiff filed a First Amended Complaint on June 21, 2018 (Dkt No. 40).

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WHEREAS, Mattress, XPO and TForce filed a Joint Motion to Dismiss and Motion to

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Strike Plaintiff’s First Amended Complaint on July 5, 2018 (Dkt. No. 46).
WHERAS, Plaintiff’s counsel filed a Notice of Unavailability with the Court on July 5,

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2018 notifying the Court, Parties and respective counsel that he would be out of the country and

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unavailable between July 20, 2018 and August 4, 2018 (Dkt. No. 45).

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WHEREAS, on May 24, 2018, the Court reset the initial case management conference from
June 28, 2018 to August 9, 2018 (Dk. No. 26).
WHEREAS, the hearing on Mattress, XPO and TForce’s Joint Motion to Dismiss and
Strike is scheduled for August 9, 2018.
WHEREAS, counsel for Plaintiff needs additional time to prepare Plaintiff’s opposition to

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Defendants’ Motion to Dismiss and Strike as a result of his unavailability during part of July and

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August.

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WHEREAS, Plaintiff agreed to provide Defendants with a reciprocal extension of time to
file their reply brief.
WHEREAS, the Parties desire to reschedule the hearing date on Mattress, XPO and
TForce’s Motion to Dismiss and Strike to allow for the extended briefing schedule; and
WHEREAS, the Parties desire to reschedule the initial case management conference to take
place after the hearing on Defendants’ Motions to Dismiss and Strike.

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NOW, THEREFORE, the Parties have met and conferred, and agree upon the following:

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1. Plaintiff will file his opposition to Defendant Mattress, XPO and TForce’s Motion to

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Dismiss and Strike the First Amended Complaint on or before August 9, 2018.
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Case No. 3:18-cv-01913-EMC
STIPULATED REQUEST AND [PROPOSED] ORDER FOR EXTENSION OF BRIEFING SCHEDULE RE
MOTION TO DISMISS AND STRIKE AND CONTINUING OF CASE MANAGEMENT CONFERENCE

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2. Defendants Mattress, XPO and TForce will file their reply in support of their joint

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Motion to Dismiss and Strike the First Amended Complaint on September 6, 2018.

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3. The hearing on Defendants Mattress, XPO and TForce’s Motion to Dismiss and Strike

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Plaintiff’s First Amended Complaint shall be continued to September 13, 2018 at 1:30

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p.m., or to a date and time that is convenient for the Court.

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4. The initial case management conference shall be continued to September 13, 2018 at
1:30 p.m.

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9:30 a.m., or to a date and time that is convenient for the Court.

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IT IS SO STIPULATED.

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DATED: July 13, 2018

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By: /s/ Lauren M. Cooper __________________
DOUGLAS J. FARMER
LAUREN M. COOPER
Attorneys for Defendants
MATTRESS FIRM, INC., TFORCE FINAL
MILE WEST, LLC (incorrectly named as
Dynamex) and XPO LAST MILE, INC. d/b/a
XPO LOGISTICS (incorrectly named as
XPO Logistics Supply Chain, Inc.)

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

DATED: July 13, 2018

KLETTER LAW

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By: /s/ Cary Kletter _______________________
CARY KLETTER
Attorneys For Plaintiff
ALFREDO BRAVO

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Case No. 3:18-cv-01913-EMC
STIPULATED REQUEST AND [PROPOSED] ORDER FOR EXTENSION OF BRIEFING SCHEDULE RE
MOTION TO DISMISS AND STRIKE AND CONTINUING OF CASE MANAGEMENT CONFERENCE

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SIGNATURE ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this

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document has been obtained from the other signatories.

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DATED: July 13, 2018

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
By: /s/ Lauren M. Cooper __________________
DOUGLAS J. FARMER
LAUREN M. COOPER
Attorneys for Defendants
MATTRESS FIRM, INC., TFORCE FINAL
MILE WEST, LLC (incorrectly named as
Dynamex) and XPO LAST MILE, INC. d/b/a
XPO LOGISTICS (incorrectly named as
XPO Logistics Supply Chain, Inc.)

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District Judge Edward DI Chen
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_______________________________________
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Date: _________________________

(modified above)

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7/17/2018

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
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Case No. 3:18-cv-01913-EMC
STIPULATED REQUEST AND [PROPOSED] ORDER FOR EXTENSION OF BRIEFING SCHEDULE RE
MOTION TO DISMISS AND STRIKE AND CONTINUING OF CASE MANAGEMENT CONFERENCE