Magpayo v. Walmart Inc.

Filing 46

ORDER RE: BRIEFING AND HEARING ON DEFENDANT'S 44 MOTION TO DISMISS AND CONTINUANCE OF FURTHER CASE MANAGEMENT CONFERENCE. Case Management Conference reset for 2/25/2025 02:00 PM via Videoconference (Case Management Statement due by 2/18/202 5). Deadlines reset as to 44 Motion to Dismiss. Response due by 1/8/2025. Reply due by 1/29/2025. Motion Hearing reset for 2/12/2025 02:00 PM via Videoconference before Judge William H. Orrick. Signed by Judge William H. Orrick on 11/25/2024. (jmd, COURT STAFF) (Filed on 11/25/2024)

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AMIN WASSERMAN GURNANI, LLP
William P. Cole, Bar No. 186772
Matthew R. Orr, Bar No. 211097
Richard L. Hyde, Bar No. 286023
Cole Kroshus, Bar No. 345790
515 South Flower St., 18th Floor
Los Angeles, CA 90071
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant Walmart Inc.
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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PEARL MAGPAYO,

Case No.: 3:24-cv-01350-WHO

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Plaintiff,

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v.

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WALMART INC.,

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STIPULATION AND [PROPOSED] ORDER
RE: BRIEFING AND HEARING ON
DEFENDANT’S MOTION TO DISMISS
(ECF NO. 44) AND CONTINUANCE OF
FURTHER CASE MANAGEMENT
CONFERENCE

Defendant.
Hon. William H. Orrick

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STIPULATION AND [PROPOSED] ORDER RE: BRIEFING AND HEARING ON
DEFENDANT’S MOTION TO DISMISS (ECF NO. 44) AND CONTINUANCE OF
FURTHER CASE MANAGEMENT CONFERENCE

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Plaintiff Pearl Magpayo (“Plaintiff”) and Defendant Walmart Inc. (“Defendant,” and
collectively, the “Parties”) hereby stipulate as follows:
Whereas, on November 19, 2024, Defendant filed a Motion to Dismiss Plaintiff’s
Second Amended Complaint (the “Motion”) (ECF No. 44);

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Whereas, the Motion is set for hearing on January 8, 2025;

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Whereas, pursuant to local rule, Plaintiff’s opposition to the Motion is currently due

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December 3, 2024;
Whereas, in light of the upcoming holidays as well as family commitments, Plaintiff’s
counsel seeks additional time to prepare and file an opposition to the Motion to Dismiss;
Whereas, the Parties agree that if Plaintiff is afforded additional time to oppose the
Motion, Defendant should be afforded additional time to file a reply;
Whereas, the Court previously stayed discovery pending its hearing of Defendant’s prior
motion to dismiss the First Amended Complaint (see ECF No. 33);
Whereas, in the interests of economy, the Parties agree that discovery should continue to

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be delayed until the Court resolves the pending Motion;
Whereas, there is a Further Case Management Conference set for December 10, 2024, at
2:00 p.m.;
Whereas, the Parties believe that a Case Management Conference would be more
productive following the Court’s hearing of the pending Motion;

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Whereas, the Parties believe that an adjustment may be needed to the presently set

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deadline for Plaintiff to file a motion for class certification, depending on when and how the

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pleadings are settled, but believe this can be raised in the Parties’ joint case management

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statement in advance of the Further Case Management Conference;
Now, therefore, subject to the Court’s approval, IT IS HERBY STIPULATED by and
between the Parties as follows:
1.

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The time for Plaintiff’s opposition to Defendant’s Motion to Dismiss shall be
continued to January 8, 2025;

2.

Any reply to Plaintiff’s opposition shall be due January 29, 2025;

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STIPULATION AND [PROPOSED] ORDER RE: BRIEFING AND HEARING ON
DEFENDANT’S MOTION TO DISMISS (ECF NO. 44) AND CONTINUANCE OF
FURTHER CASE MANAGEMENT CONFERENCE

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3.

The hearing on the Motion to Dismiss shall be continued from January 8, 2025, to
February 12, 2025, at 2:00 p.m.;

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4.

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Discovery shall be stayed pending the Court’s resolution of the Motion to
Dismiss;

5.

The Further Case Management Conference shall be continued from December 10,
2024, to February 25, 2025, at 2:00 p.m.

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IT IS SO STIPULATED.

Dated: November 21, 2024

AMIN WASSERMAN GURNANI

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/s/ William P. Cole
William P. Cole

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Attorneys for Defendant Walmart Inc.

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Dated: November 21, 2024

TREEHOUSE LAW, LLP
/s/ Ruhandy Glezakos
Ruhandy Glezakos (SBN 307473)

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Attorneys for Plaintiff Pearl Magpayo
ATTESTATION OF CONCURRENCE IN FILING

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I, William Cole, am the ECF User whose ID and password are being used to file the foregoing

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Stipulation. In compliance with Civil L.R. 5-1(h)(3), I attest that all other signatories listed, and on

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whose behalf the filing is submitted, concur in the filing’s content and have authorized the filing.

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Dated: November 21, 2024

By: /s/ William P. Cole_________________________
William P. Cole

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STIPULATION AND [PROPOSED] ORDER RE: BRIEFING AND HEARING ON
DEFENDANT’S MOTION TO DISMISS (ECF NO. 44) AND CONTINUANCE OF
FURTHER CASE MANAGEMENT CONFERENCE

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[PROPOSED] ORDER
PURSUANT TO JOINT STIPULATION, IT IS HEREBY ORDERED:

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1.
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The time for Plaintiff’s opposition to Defendant’s Motion to Dismiss the Second

Amended Complaint is continued to January 8, 2025;
2.

Any reply to Plaintiff’s opposition shall be due by January 29, 2025;

3.

The hearing on the Motion to Dismiss is continued from January 8, 2025, to

February 12, 2025, at 2:00 p.m.;
4.

Discovery shall remain stayed until the Court’s resolution of the Motion to

Dismiss; and
5.

The Further Case Management Conference is continued from December 10, 2024,

to February 25, 2025, at 2:00 p.m. The Parties shall file a joint case management statement no
later than one week before the conference.

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Dated: November 25, 2024
___________________________
HON. WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER RE: BRIEFING AND HEARING ON
DEFENDANT’S MOTION TO DISMISS (ECF NO. 44) AND CONTINUANCE OF
FURTHER CASE MANAGEMENT CONFERENCE