Covillo et al v. Specialty's Cafe and Bakery, Inc. et al

Filing 78

ORDER re 77 STIPULATION WITH PROPOSED ORDER re 56 MOTION to Compel Arbitration Continuance of Hearing and Further Case Management Conference filed by John Chisholm, Troyreac Henry, Nicola Covillo Further Case Management Conference set for 8/9/2012 11:00 AM. Motion Hearing set for 8/9/2012 11:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 7/24/2012. (hlkS, COURT STAFF) (Filed on 7/24/2012)

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1 2 3 4 Alan Harris (State Bar No. 146079) Priya Mohan (State Bar No. 228984) HARRIS & RUBLE 6424 Santa Monica Boulevard Los Angeles, California 90038 Telephone: (323) 962-3777 Facsimile: (323) 962-3004 E-mail: aharris@harrisandruble.com 5 6 Attorneys for Plaintiffs NICOLA COVILLO, TROYREAC HENRY and JOHN CHISHOLM 7 8 9 10 11 12 13 14 15 16 Robert M. Pattison (State Bar No. 103528) Joanna L. Brooks (State Bar No. 182986) Punam Sarad (State Bar No. 217091) JACKSON LEWIS LLP 199 Fremont Street, 10th Floor San Francisco, California 94105 Telephone: (415) 394-9400 Facsimile: (415) 394-9401 Email: pattisonr@jacksonlewis.com brooksj@jacksonlewis.com saradp@jacksonlewis.com Attorneys for Defendants SPECIALTY’S CAFÉ & BAKERY, INC. and CRAIG SAXTON [ADDITIONAL COUNSEL LISTED ON NEXT PAGE] 17 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 21 22 NICOLA COVILLO and TROYREAC HENRY, individually and on behalf of all others similarly situated, 23 24 25 Plaintiffs, v. SPECIALTY’S CAFÉ AND BAKERY, INC., CRAIG SAXTON and DAWN SAXTON, Case No. 4:11-cv-00594 DMR STIPULATION AND [PROPOSED] ORDER CONTINUING THE HEARING ON SPECIALTY’S CAFÉ AND BAKERY, INC.’S MOTION TO COMPEL ARBITRATION AND FURTHER CASE MANAGEMENT CONFERENCE 26 Defendants. 27 28 1 STIP. AND [PROPOSED] ORDER CONT. THE HEARING ON MOT. TO COMPEL ARB. Case No. 4:11-cv-00594 DMR 1 2 3 4 5 6 7 8 9 10 David S. Harris (State Bar No. 215224) NORTH BAY LAW GROUP 116 E. Blithedale Avenue, Suite 2 Mill Valley, California 94941-2024 Telephone: (415) 388-8788 Facsimile: (415) 388-8770 E-mail: dsh@northbaylawgroup.com James D. Rush (State Bar No. 240284) LAW OFFICES OF JAMES D. RUSH, APC 7665 Redwood Boulevard, Suite 200 Novato, California 94945 Telephone: (415) 897-4801 Facsimile: (415) 897-5316 E-mail: jr@rushlawoffices.com Additional Attorneys for Plaintiffs NICOLA COVILLO, TROYREAC HENRY and JOHN CHISHOLM 11 12 13 14 STIPULATION The parties hereby stipulate as follows: WHEREAS, Defendant Specialty’s Café & Bakery, Inc’ (“Defendant”) filed a Motion to Compel Arbitration (the “Motion”) on June 19, 2012; 15 WHEREAS, Plaintiffs filed their Opposition papers on July 3, 2012; 16 WHEREAS, Defendant filed its Reply papers on July 10, 2012; 17 WHEREAS, on July 20, 2012 the Court ordered that Defendant submit 18 19 20 21 supplemental information in support of the Motion by July 23, 2012; WHEREAS, on July 23, 2012, Defendant submitted a supplemental filing in support of the Motion; WHEREAS, the hearing on the Motion and a Further Case Management 22 Conference are currently scheduled to take place on Thursday, July 26, 2012 at 11:00 a.m., before 23 the Honorable Magistrate Judge Donna M. Ryu; 24 WHEREAS, Plaintiffs’ counsel is involved in a state court case in Los Angeles 25 Superior Court where he represents a plaintiff seeking a contempt order. The court in the state 26 court action recently ordered that the contempt hearing be resumed on Thursday, July 26, 2012 at 27 8:30 a.m. in Los Angeles. Plaintiff’s counsel must appear in person at the hearing in Los Angeles 28 in order to cross-examine witnesses; 2 STIP. AND [PROPOSED] ORDER CONT. THE HEARING ON MOT. TO COMPEL ARB. Case No. 4:11-cv-00594 DMR 1 2 3 4 5 6 7 WHEREAS, the parties respectfully request that the Court continue the Further Case Management Conference and the hearing on the Motion to a date convenient to the Court, after August 1, 2012. IT IS THEREFORE STIPULATED AND AGREED that the Further Case Management Conference and the hearing on Defendant Specialty’s Café & Bakery, Inc.’s Motion to Compel Arbitration be continued until after August 1, 2012. IT IS SO STIPULATED. 8 9 Respectfully submitted, Date: July 24, 2012 HARRIS & RUBLE 10 11 By /s/ Alan Harris Attorneys for Plaintiffs NICOLA COVILLO and TROYREAC HENRY 12 13 14 15 Date: July 24, 2012 JACKSON LEWIS LLP 16 17 18 19 By Robert M. Pattison Attorneys for Defendants SPECIALTY’S CAFE AND BAKERY, INC., and CRAIG SAXTON 20 21 22 23 24 25 26 27 28 3 STIP. AND [PROPOSED] ORDER CONT. THE HEARING ON MOT. TO COMPEL ARB. Case No. 4:11-cv-00594 DMR 1 7 be continued to August 9, 2012 at 1:30 p.m. 11:00 a.m. Courtroom information will be available on the court website at least one week before the hearing. 8 10 11 RT 13 Honorable Donna M. Ryu D United States Magistrate Judge RDERE OO IT IS S onn Judge D ER 15 A H 14 u a M. Ry NO 12 RT U O DATED: July 24, 2012 9 S DISTRICT TE C TA __________________________________ R NIA 6 Café & Bakery, Inc.’s Motion to Compel Arbitration previously scheduled for July 24, 2012 will FO 5 The Further Case Management Conference and Hearing on Defendant Specialty’s LI 4 IT IS HEREBY ORDERED AS FOLLOWS: S 3 [PROPOSED] ORDER UNIT ED 2 N F D IS T IC T O R C 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIP. AND [PROPOSED] ORDER CONT. THE HEARING ON MOT. TO COMPEL ARB. Case No. 4:11-cv-00594 DMR

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