Munguia-Brown et al v. Equity Residential et al

Filing 17

ORDER GRANTING AS MODIFIED 16 STIPULATION TO EXTEND BRIEFING SCHEDULE re 11 MOTION to Stay. Signed by Judge JEFFREY S. WHITE on 5/26/16. (jjoS, COURT STAFF) (Filed on 5/26/2016)

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Laura L. Ho (SBN 173179)
[e-mail]
William Jhaveri-Weeks (SBN 289984)
[e-mail]
Megan E. Ryan (SBN 264922)
[e-mail]
GOLDSTEIN, BORGEN,
DARDARIAN & HO
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
Tel: [phone]
Fax: [phone]

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Attorneys for the Plaintiffs and Putative Class
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UNITED STATE DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAVANNI MUNGUIA-BROWN, ANGELINA
MAGAÑA, and NORMA RODRIGUEZ,
individually and on behalf of others similarly
situated,

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Plaintiffs,

Case No.: 4:16-cv-01225-JSW
JOINT STIPULATION TO EXTEND THE
BRIEFING SCHEDULE ON THE MOTION
TO STAY THIS ACTION AND
[PROPOSED] ORDER AS MODIFIED

vs.
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EQUITY RESIDENTIAL, a real estate investment
trust, ERP OPERATING LIMITED
PARTNERSHIP, a partnership, EQUITY
RESIDENTIAL PROPERTIES MANAGEMENT
CORPORATION, EQUITY RESIDENTIAL
MANAGEMENT, LLC, EQR-WOODLAND
PARK A LIMITED PARTNERSHIP, EQRWOODLAND PARK B LIMITED
PARTNERSHIP, and DOES FOUR through TWO
HUNDRED AND FIFTY inclusive,
Defendants.

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619823.4

JOINT STIPULATION TO EXTEND THE BRIEFING SCHEDULE ON THE MOTION TO STAY THIS ACTION AND [PROPOSED] ORDER–
CASE NO.: 4:16-CV-01225-JSW

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Plaintiffs Javanni Munguia-Brown, Angelina Magaña, and Norma Rodriguez (“Plaintiffs”) and

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Defendants Equity Residential, ERP Operating Limited Partnership, Equity Residential Management

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L.L.C., EQR-Woodland Park A Limited Partnership, and ERQ-Woodland Park B Limited Partnership

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(“Defendants”) by and through their respective counsel, hereby stipulate pursuant to Local Rule 6-2 as

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follows:

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WHEREAS, this case was originally filed on September 3, 2014 in California State Court in
Alameda County (RG14739053) and was removed by Defendants to federal court on March 11, 2016;
WHEREAS, on April 14, 2016, Defendants filed a Motion to Stay This Action pending the
outcome of the class certification motion to be filed in June of 2016 in Razuki v. Equity Residential,

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Case No. 3:15-CV-01057-BEN-JLB before the Honorable Roger T. Benitez in the Southern District of

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California (filed on May 11, 2015), which involves the same defendants, the same putative class

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members, and largely the same subject matter as this action;

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WHEREAS, on May 19, 2016, a Joint Motion for Dismissal (attached as Exhibit A to the Ryan

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Declaration) was filed by all the parties in Razuki v. Equity Residential (Case No. 3:15-CV-01057-

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BEN-JLB);

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WHEREAS, Plaintiffs’ Opposition to the Motion to Stay is due May 27, 2016;

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WHEREAS, the Parties have agreed to the following stipulations:

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1. Given the Joint Motion for Dismissal in Razuki v. Equity Residential (Case No. 3:15-

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CV-01057-BEN-JLB), the Parties agree to extend the briefing schedule for the

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Opposition to the Motion to Stay and the Reply in Support of the Motion to Stay as the

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Order in Razuki will likely moot Defendants’ Motion to Stay. The June 10, 2016

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hearing on the Motion to Stay will be taken off calendar.

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2. Upon the issuance of the Razuki court’s Order granting the dismissal in Razuki v. Equity

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Residential (Case No. 3:15-CV-01057-BEN-JLB), Defendants in this case have agreed

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to file a Notice to withdraw their Motion to Stay.

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3. If the Razuki court does not grant the Joint Motion for Dismissal in Case No. 3:15-CV-

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01057-BEN-JLB, Plaintiffs will have ten days from the date of the Razuki Order to file

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619823.4

JOINT STIPULATION TO EXTEND THE BRIEFING SCHEDULE ON THE MOTION TO STAY THIS ACTION AND [PROPOSED] ORDER –
CASE NO.: 4:16-CV-01225-JSW

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their Opposition to the Motion to Stay and Defendants will have seventeen days from

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the date of the Razuki Order to file their Reply in Support of the Motion to Stay. The

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Parties will jointly request a new hearing date from the Court.

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IT IS SO STIPULATED.
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Dated: May 25, 2016

Respectfully submitted,
GOLDSTEIN, BORGEN, DARDARIAN & HO

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/s/ Megan Ryan
Megan Ryan
Laura L. Ho (SBN 173179)
[e-mail]
William Jhaveri-Weeks (SBN 289984)
[e-mail]
Megan E. Ryan (SBN 264922)
[e-mail]
GOLDSTEIN, BORGEN, DARDARIAN & HO
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
Tel: [phone]
Fax: [phone]
Jason H. Tarricone (SBN 247506)
[e-mail]
Margaret McBride (SBN 294066)
[e-mail]
COMMUNITY LEGAL SERVICES
IN EAST PALO ALTO
1861 Bay Road
East Palo Alto, CA 94303
Tel: [phone]
Fax: [phone]

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Attorneys for the Plaintiffs and Putative Class

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619823.4

JOINT STIPULATION TO EXTEND THE BRIEFING SCHEDULE ON THE MOTION TO STAY THIS ACTION AND [PROPOSED] ORDER –
CASE NO.: 4:16-CV-01225-JSW

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Dated: May 25, 2016

DUANE MORRIS LLP

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/s/ Aaron T. Winn
Aaron T. Winn

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Aaron T. Winn (SBN 229763)
[e-mail]
DUANE MORRIS LLP
750 B Street, Suite 2900
San Diego, CA 92101-4681
Tel: [phone]
Fax: [phone]

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Attorneys for Defendants

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619823.4

JOINT STIPULATION TO EXTEND THE BRIEFING SCHEDULE ON THE MOTION TO STAY THIS ACTION AND [PROPOSED] ORDER –
CASE NO.: 4:16-CV-01225-JSW

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[PROPOSED] ORDER

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Given the Joint Motion for Dismissal in Razuki v. Equity Residential (Case No. 3:15-CV3
01057-BEN-JLB), the Court orders an extension of the briefing schedule for the Opposition to the
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Motion to Stay and the Reply in Support of the Motion to Stay as the Order in Razuki will likely moot
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Defendants’ Motion to Stay. The June 10, 2016 hearing on the Motion to Stay will be taken off
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calendar. Defendants shall notify the Court upon the issuance of the Razuki Order on the Joint Motion
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to Dismiss.
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Upon the issuance of the Razuki court’s Order granting the dismissal in Razuki v. Equity
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Residential (Case No. 3:15-CV-01057-BEN-JLB), the Defendants will file a Notice to withdraw their
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Motion to Stay.
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If the Razuki court does not grant the Joint Motion for Dismissal in Case No. 3:15-CV-0105712
BEN-JLB, Plaintiffs will have ten days from the date of the Razuki Order to file their Opposition to the
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Motion to Stay and Defendants will have seventeen days from the date of the Razuki Order to file their
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Reply in Support of the Motion to Stay. The Parties will jointly request a new hearing date from the
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Court.
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The June 10, 2016 Case Management Conference is vacated and will be rescheduled by the Court, if
necessary.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: May 26, 2016

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U.S. District Judge Jeffrey S. White

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619823.4

JOINT STIPULATION TO EXTEND THE BRIEFING SCHEDULE ON THE MOTION TO STAY THIS ACTION AND [PROPOSED] ORDER –
CASE NO.: 4:16-CV-01225-JSW