Gallardo et al v. AT&T Mobility LLC

Filing 14

ORDER Granting 12 Stipulation To Stay Action Pending Pursuit Of Informal Resolution. Signed by Judge Claudia Wilken on 12/2/2011. (ndr, COURT STAFF) (Filed on 12/2/2011)

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1 WEINBERG, ROGER & ROSENFELD A Professional Corporation 2 David A. Rosenfeld, Esq. (SBN 058163) Email: drosenfeld@unioncounsel.net 3 Roberta D. Perkins, Esq. (SBN 153074) Email: rperkins@unioncounsel.net 4 A Professional Corporation 1001 Marina Village Parkway, Suite 200 5 Alameda, California 94501-1091 Tel: (510) 337-1001 6 Fax: (510) 337-1023 7 LOCKER FOLBERG LLP Miles E. Locker, Esq. (SBN 103510) Email: mlocker@lockerfolberg.com 235 Montgomery Street, Suite 835 9 San Francisco, CA 94104 Tel: (415) 962-1626 10 Fax (415) 962-1628 8 11 Attorneys for Plaintiffs 12 MCGUIREWOODS LLP 13 14 15 16 17 Matthew C. Kane, Esq. (SBN 171829) Email: mkane@mcguirewoods.com Michael D. Mandel, Esq. (SBN 216934) Email: mmandel@mcguirewoods.com Sylvia J. Kim, Esq. (SBN 258363) Email: skim@mcguirewoods.com 1800 Century Park East, 8th Floor Los Angeles, California 90067 Telephone: (310) 315-8200 Facsimile: (310) 315-8210 18 Attorneys for Defendant 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA CASE NO. 3:11-cv-04749-CW 21 GEORGE GALLARDO, CARLOS BARRAGAN, KYLE BINNS, CARLOS 22 CRUZ, JENNIFER DE WITT, HECTOR RODRIGUEZ, DENISE ROMAN, 23 individually and on behalf of all others similarly situated, JOINT STIPULATION TO STAY ACTION PENDING PURSUIT OF INFORMAL RESOLUTION [PROPOSED] ORDER [Filed Under Separate Cover] 24 Plaintiffs, 25 vs. 26 AT&T MOBILITY, LCC, a limited liability 27 corporation; and DOES 1 through 50, inclusive, 28 Defendants. 35145984.1 1 JOINT STIPULATION TO STAY ACTION PENDING PURSUIT OF INFORMAL RESOLUTION 1 RECITALS 2 3 WHEREAS, Plaintiffs GEORGE GALLARDO, CARLOS BARRAGAN, 4 KYLE BINNS, CARLOS CRUZ, JENNIFER DE WITT, HECTOR RODRIGUEZ 5 and DENISE ROMAN (collectively, “Plaintiffs”) filed a Complaint on August 19, 6 2011 in the Los Angeles County Superior Court (the “State Court”), Case No. 7 RG11591396 therein (the “State Court Action”) against Defendant AT&T 8 MOBILITY, LLC (erroneously sued herein as AT&T MOBILITY, LCC) 9 (“Defendant”); and 10 11 WHEREAS, Plaintiffs personally served Defendant with a Summons and 12 Complaint in the State Court Action on August 25, 2011; and 13 14 WHEREAS, Defendant removed the State Court Action to this Court on 15 September 23, 2011; and 16 17 WHEREAS, Defendant intends to file a motion pursuant to Fed. R. Civ. P. 12 18 challenging the sufficiency of the claims alleged in Plaintiffs’ operative pleading; 19 and 20 21 WHEREAS, the parties and their respective collective bargaining 22 representatives have been engaged in and are continuing to engage in discussions, 23 which will last into early January 2012, that could lead to the resolution of this 24 action without further court action; 25 26 WHEREAS, the parties believe that Defendant’s filing of a motion to dismiss 27 could derail the aforementioned discussions; and 28 35145984.1 2 JOINT STIPULATION TO STAY ACTION PENDING PURSUIT OF INFORMAL RESOLUTION 1 WHEREAS the parties have previously stipulated pursuant to Local Rule 6-1 2 to extensions of time for Defendant to serve and file any motions or other pleadings 3 responsive to Plaintiffs’ Complaint, which is currently due on November 28, 2011; 4 and 5 6 WHEREAS, rather than continuing to enter into further stipulations to extend 7 Defendant’s responsive pleading deadline while discussions about resolution of this 8 action continue into early January 2012, the parties believe that the interests of 9 justice will be best served by staying this action through and including January 13, 10 2012. 11 12 STIPULATION 13 14 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by 15 and between Plaintiffs and Defendant through their respective undersigned counsel 16 that: 17 18 1. The Court enter an order staying this action until January 16, 2012; and 2. Defendant’s time within which to answer or otherwise serve and file 19 20 21 any motions or other pleadings responsive to Plaintiffs’ Complaint in 22 this action shall be and hereby is extended to 14 court days after the 23 above-described stay is lifted; and 24 /// 25 /// 26 /// 27 /// 28 /// 35145984.1 3 JOINT STIPULATION TO STAY ACTION PENDING PURSUIT OF INFORMAL RESOLUTION 1 3. 2 By entering into this Stipulation, Defendant does not waive and expressly reserves all defenses and challenges to Plaintiffs’ action. 3 4 DATED: November 21, 2011 5 WEINBERG, ROGER & ROSENFELD LOCKER FOLBERG LLP 6 By: /s/ David A. Rosenfeld (with permission) David A. Rosenfeld, Esq. Roberta D. Perkins, Esq. Miles E. Locker, Esq. 7 8 9 Attorneys for Plaintiffs 10 11 DATED: November 28, 2011 MCGUIREWOODS LLP 12 13 By: /s/ Michael D. Mandel Matthew C. Kane, Esq. Michael D. Mandel, Esq. Sylvia J. Kim, Esq. 14 15 16 Attorneys for Defendant 17 18 19 20 21 22 23 24 25 26 27 28 35145984.1 4 JOINT STIPULATION TO STAY ACTION PENDING PURSUIT OF INFORMAL RESOLUTION 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 GEORGE GALLARDO, CARLOS CASE NO. 3:11-cv-04749-CW CRUZ, JENNIFER DE WITT, HECTOR [PROPOSED] ORDER STAYING ACTION UNTIL JANUARY 16, 2012 FOR PURSUIT OF INFORMAL RESOLUTION 12 BARRAGAN, KYLE BINNS, CARLOS 13 RODRIGUEZ, DENISE ROMAN, individually and on behalf of all others 14 similarly situated, Plaintiffs, 15 16 vs. 17 AT&T MOBILITY, LCC, a limited liability corporation; and DOES 1 through 50, 18 inclusive, Defendants. 19 20 21 Plaintiffs George Gallardo, Carlos Barragan, Kyle Binns, Carlos Cruz, 22 Jennifer De Witt, Hector Rodriguez, and Denise Roman and Defendant AT&T 23 Mobility, LLC have presented to the Court a stipulation (Dkt. Entry 11) to stay this 24 action until January 16, 2012 so that the parties may pursue an informal resolution 25 of this action. 26 Good cause appearing therefore, the Court hereby adopts the parties’ 27 stipulation and orders as follows: 28 1. 35145984.1 This action is stayed until January 16, 2012; and 1 [PROPOSED] ORDER STAYING ACTION UNTIL JANUARY 16, 2012 1 2. Defendant’s time within which to answer or otherwise serve and file 2 any motions or other pleadings responsive to Plaintiffs’ Complaint in 3 this action shall be and hereby is extended to 14 court days after the 4 above-described stay is lifted; and 5 3. 6 By entering into this Stipulation, Defendant does not waive and expressly reserves all defenses and challenges to Plaintiffs’ action. 7 IT IS SO ORDERED. 12/2/2011 8 DATED:____________________ 9 ____________________________________ HON. CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 35145984.1 2 [PROPOSED] ORDER STAYING ACTION UNTIL JANUARY 16, 2012

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