Estrada et al v. CleanNet USA, Inc. et al

Filing 44

ORDER GRANTING AS MODIFIED 43 STIPULATION re: Briefing and Hearing on Motions to Compel Arbitration or Dismiss. Responses due by 8/18/2014. Replies due by 8/29/2014. Motion Hearing set for 10/3/2014 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 7/25/14. (jjoS, COURT STAFF) (Filed on 7/25/2014) Modified on 7/25/2014 (jjoS, COURT STAFF).

Case4:14-cv-01785-JSW Document43 Filed07/22/14 Page1 of 4

1 CHRISTOPHER WIMMER (SBN 263275)
GREG DEMIRCHYAN (SBN 264953)
2 EMERGENT LEGAL
25 Taylor Street
3 San Francisco, California 94102
p: 415/894-9284
4 f: 415/276-8929
e: [e-mail]
5 e: [e-mail]
6 Attorneys for Plaintiffs ESTHER ESTRADA,
ISAAC CARRAZCO, MARIA JACOBO, and all
7 others similarly situated
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9

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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12 ESTHER ESTRADA, ISAAC CARRAZCO,
and MARIA JACOBO, individually and on
13 behalf of all others similarly situated,
Plaintiffs,

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15 v.

16 CLEANNET USA, INC.; D&G
ENTERPRISES, INC., dba CLEANNET OF
17 THE BAY AREA; CLEANNET OF SAN
JOSE; CLEANNET OF SOUTHERN
18 CALIFORNIA, INC.; CLEANNET OF SAN
DIEGO; CLEANNET OF SACRAMENTO;
19 MARK SALEK; and DAVID CRUM;
20

Case No. 3:14-cv-1785-JSW

STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING AND
HEARING ON MOTIONS TO COMPEL
ARBITRATION OR DISMISS
AS MODIFIED

Defendants.

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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING ON MOTIONS TO
COMPEL ARBITRATION OR DISMISS: CASE NO. 3:14-cv-1785-JSW

Case4:14-cv-01785-JSW Document43 Filed07/22/14 Page2 of 4

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Plaintiffs Esther Estrada, Isaac Carrazco, and Maria Jacobo (the “Named Plaintiffs”) and

2 defendants CleanNet USA, Inc., D&G Enterprises, Inc. dba CleanNet of the Bay Area, CleanNet
3 of San Jose, CleanNet of Southern California, Inc., CleanNet of San Diego, CleanNet of
4 Sacramento, Mark Salek, and David Crum (the “Defendants”) (together, the “Parties”), having
5 conferred by and through their counsel, and subject to the Court’s approval, HEREBY
6 STIPULATE AS FOLLOWS:
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1. At Defendants’ request, the Named Plaintiffs extended the deadline for any

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response to the Complaint (and, subsequently, First Amended Complaint) in this

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action from on or about May 16, 2014 to July 10, 2014. In exchange, Defendants

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agreed to extend Named Plaintiffs’ deadline for their opposition to any motions

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filed by Defendants to August 18, 2014, and to file their replies in support of any

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such motions by August 29, 2014.

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2. On June 27, 2014, this Court granted Defendants’ unopposed administrative motion

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extending the page limits for the briefing on Defendants’ motions. ECF 37.

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3. On July 10, 2014, Defendants filed motions to compel arbitration or dismiss the

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complaint. When they did so, the Court’s ECF system automatically generated

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opposition and reply dates of July 24 and July 31, 2014, respectively, and

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Defendants set a hearing date of August 29, 2014. ECF 40-42.

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4. The Parties wish to extend the opposition and reply dates consistent with their

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agreement, and to continue the hearing on Defendants’ motions to a date in mid-

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September to give the Court sufficient time to consider the Parties’ briefs before

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hearing argument on the pending motions.

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NOW, THEREFORE, the Parties hereby stipulate by and through their respective counsel,

24 and subject to the Court’s approval, as follows:
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1. The Named Plaintiffs’ oppositions to Defendants’ motions to compel arbitration or

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dismiss shall be filed on or before August 18, 2014.

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1.
STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING ON MOTIONS TO
COMPEL ARBITRATION OR DISMISS: CASE NO. 3:14-cv-1785-JSW

Case4:14-cv-01785-JSW Document43 Filed07/22/14 Page3 of 4

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2. Defendants’ replies in support of those motions shall be filed on or before August
29, 2014.

October 3,
3. The hearing on Defendants’ motions shall be held on September 19, 2014 at
9:00 a.m.

5 IT IS SO STIPULATED.
6
7 Dated: July 22, 2014

Respectfully submitted,

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EMERGENT LEGAL

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By:

/s/ Christopher Wimmer
Christopher Wimmer
Greg Demirchyan

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Attorneys for Plaintiffs ESTHER ESTRADA, ISAAC
CARRAZCO, MARIA JACOBO, and all others
similarly situated

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Dated: July 22, 2014

BARTKO ZANKEL BUNZEL & MILLER
A Professional Law Corporation

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By:

/s/ Charles G. Miller
Charles G. Miller

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Attorney for Defendants D&G ENTERPRISES, INC.
dba CLEANNET OF THE BAY AREA and DAVID
CRUM

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2.
STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING ON MOTIONS TO
COMPEL ARBITRATION OR DISMISS: CASE NO. 3:14-cv-1785-JSW

Case4:14-cv-01785-JSW Document43 Filed07/22/14 Page4 of 4

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Dated: July 22, 2014

LITTLER MENDELSON, P.C.

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By:

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/s/ R. Brian Dixon
R. Brian Dixon

Attorney for Defendants CLEANNET USA, INC.
CLEANNET OF SOUTHERN CALIFORNIA, INC.
and MARK SALEK

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8 Dated: July 22, 2014

SOLOMON WARD SEIDENWURM & SMITH, LLP

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By:

/s/ William V. Whelan
William V. Whelan

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Attorney for Defendants FCDK, INC. (DBA
CLEANNET OF SACRAMENTO) and PAQNET,
INC. (DBA CLEANNET OF SAN DIEGO)

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I am the individual efiling this document, and attest that I obtained the concurrence in the

15 filing of this document from each of the other signatories.
16 Dated: July 22, 2014
/s/ Christopher Wimmer
Christopher Wimmer

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20 IT IS SO ORDERED.
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July 25
Dated: __________, 2014

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HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT COURT JUDGE

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3.
STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING ON MOTIONS TO
COMPEL ARBITRATION OR DISMISS: CASE NO. 3:14-cv-1785-JSW