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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?