Burnthorne-Martinez v. Sephora USA, Inc.

Filing 68

ORDER GRANTING STIPULATION CONTINUING JULY 11, 2017 HEARING re 67 Stipulation and Proposed Order filed by Alyssa Burnthorne-Martinez, Sephora USA, Inc. Signed by Judge Yvonne Gonzalez Rogers on 6/20/17. (fs, COURT STAFF) (Filed on 6/20/2017)

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ANDREW R. LIVINGSTON (STATE BAR NO. 148646)
[e-mail]
ALEXANDRA HEIFETZ (STATE BAR NO. 301002)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ALYSSA BURNTHORNE-MARTINEZ, an
individual on behalf of herself, all others
similarly situated,

Case No. 4:16-cv-02843-YGR
CLASS ACTION

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Plaintiff,
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v.

STIPULATION AND [PROPOSED]
ORDER CONTINUING JULY 11, 2017
HEARING

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SEPHORA USA, INC., a Delaware
Corporation, and DOES 1 to 100, Inclusive,

Date:
Time:
Ctrm:

Defendants.
Judge:

July 11, 2017
2:00 p.m.
Ronald V. Dellums Federal
Building, Oakland in
Courtroom 1, 4th Floor
Hon. Yvonne Gonzalez Rogers

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STIP. AND [PROPOSED] ORDER
CONT. JULY 11, 2017 HEARING
CASE NO. 4:16-CV-02843-YGR

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STIPULATION

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The motion for class certification brought by Plaintiff Alyssa Burnthorne-Martinez, and

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the motion for summary judgment (or, in the alternative, partial summary judgment) brought by

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Defendant Sephora USA, Inc., are fully briefed, with a hearing on both motions currently set for

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July 11, 2017. See Dkt. Nos. 48, 49, 54, 56, 60, 61, 65. The hearing was initially scheduled for

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April 4, 2017, but the Court granted a continuance to afford the parties the opportunity to

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mediate. Dkt. No. 65; Mar. 23, 2017 Minute Entry. The parties participated in a full day of

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mediation with Michael Dickstein, an experienced employment law mediator, on May 18, 2017.

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As the parties reported to the Court during a conference on May 30, 2017, the case did not settle

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at the mediation. Since then, the parties have continued to negotiate a potential settlement of the

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case, working through Mr. Dickstein. The parties believe that continued settlement talks may be

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fruitful, and that further time is necessary so that they may attempt to reach a resolution of the

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case.

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STIP. AND [PROPOSED] ORDER
CONT. JULY 11, 2017 HEARING
CASE NO. 4:16-CV-02843-YGR

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Accordingly, and to give the parties the opportunity to further pursue a negotiated

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resolution of the case, the parties hereby stipulate that the hearings on Plaintiff’s motion for class

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certification and Defendant’s motion for summary judgment (or, in the alternative, partial

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summary judgment) be continued to August 15, 2017. The parties respectfully request that the

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Court enter an order to this effect.

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Respectfully submitted,
Dated: June 19, 2017

SETAREH LAW GROUP

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By:

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/s/ Shaun Setareh
SHAUN SETAREH
Attorneys for Plaintiff

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Dated: June 19, 2017

ORRICK, HERRINGTON & SUTCLIFFE LLP

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By:

/s/ Andrew R. Livingston
ANDREW R. LIVINGSTON
Attorneys for Defendant Sephora USA, Inc.

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STIP. AND [PROPOSED] ORDER CONT.
JULY 11, 2017 HEARING
CASE NO. 4:16-CV-02843-YGR

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[PROPOSED] ORDER
Pursuant to stipulation, the Court hereby orders, in order to allow the parties sufficient

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time to pursue mediation, that the hearings on Plaintiff’s motion for class certification (Dkt. No.

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48) and Sephora’s motion for summary judgment (or, in the alternative, partial summary

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judgment) (Dkt. No. 49) are both hereby continued to August 15, 2017. All pretrial dates, and

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the trial date, remain unchanged.

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IT IS SO ORDERED.

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Dated: __________________
June 20, 2017

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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STIP. AND [PROPOSED] ORDER CONT.
JULY 11, 2017 HEARING
CASE NO. 4:16-CV-02843-YGR