Han et al v. Synergy Homecare Franchising, LLC
Filing
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STIPULATION AND ORDER CONTINUING CMC re 26 STIPULATION WITH PROPOSED ORDER to Continue the Initial Case Management Conference filed by Alice Lai-Bitker, John Han, Synergy Homecare Franchising, LLC, Veris Eastbay Homecare, Inc. Case Management Statement due by 12/13/2016. Initial Case Management Conference set for 12/20/2016 01:30 PM in Courtroom 4, 3rd Floor, Oakland. Signed by Magistrate Judge Kandis A. Westmore on 9/21/16. (sisS, COURT STAFF) (Filed on 9/21/2016)
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CALVIN E. DAVIS (SBN: 101640)
cdavis@gordonrees.com
GARY A. COLLIS (SBN: 191800)
gcollis@gordonrees.com
GORDON & REES LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
Telephone: (213) 576-5000
Facsimile: (213) 680-4470
Attorneys for Defendant
SYNERGY HOMECARE FRANCHISING, LLC
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Gordon &Rees LLP
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John Han, an individual, Alice Lai-Bitker, an
individual, Veris Eastbay Homecare, Inc., a
California corporation
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Plaintiffs,
CASE NO. 4:16-cv-03759-KAW
STIPULATION AND (PROPOSED)
ORDER TO CONTINUE THE
INITIAL CASE MANAGEMENT
CONFERENCE
Vs.
Synergy Homecare Franchising, LLC, an Arizona
limited liability company,
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Defendant.
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WHEREAS on July 5, 2016, defendant SYNERGY HomeCare Franchising, LLC
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("Defendant") filed a Notice of Removal removing this action from the Superior Court of the State
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of California, County of Alameda;
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WHEREAS on July 6, 2016, the Court entered an Order Setting Initial Case Management
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Conference and ADR deadlines setting the Case Management Conference ("CMC") in this action
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for October 4, 2016 at 1:30 p.m.;
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WHEREAS on July 12, 2016, defendant SYNERGY HomeCare Franchising, LLC
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("Defendant") filed a Motion to Dismiss the Complaint, which was originally noticed for hearing
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on August 18, 2016;
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WHEREAS on. August 17, 2016, plaintiffs John Han, Alice Lai-Bitker, and Veris Eastbay
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Homecare, Inc. (collectively, "Plaintiffs") filed a Motion to Remand this action to state court,
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STIPULATION AND (PROPOSED) ORDER TO CONTINUE THE INITIAL CASE
MANAGEMENT CONFERENCE (CASE NO. 4:16-cv-03759-KAW)
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which is currently scheduled to be heard on October 6, 2016;
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WHEREAS on August 17, 2016, the Court entered an Order Continuing Hearing on
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Motion to Dismiss the Complaint and Compel Arbitration, which continued the hearing on the
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Motion to Dismiss the Complaint to November 3, 2016;
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WHEREAS on September 13, 2016, the parties filed a Stipulation and (Proposed) Order
Selecting ADR Process whereby the parties agreed to engage in court-sponsored mediation;
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WHEREAS counsel for the parties have met and conferred and have agreed that economy
and efficiency support continuing the CMC until after the Court rules on any pending motions;
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WHEREAS counsel for the parties have agreed that economy and efficiency also support
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continuing
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the
CMC
until
the
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parties
have
engaged
in
the
Gordon &Rees LLP
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/1/
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III
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HI
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II/
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STIPULATION AND (PROPOSED) ORDER TO CONTINUE THE INITIAL CASE
MANAGEMENT CONFERENCE (CASE NO. 4:16-cv-03759-KAW)
court-
sponsored mediation;
IT IS STIPULATED that (1) the parties' deadline to file their Rule 26(f) Report and Joint
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Case Management Conference Statement be continued to December 13, 2016 and (2) the CMC be
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continued to December 20, 2016, at 1:30 p.m.
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GORDON & REES LLP
Dated: September 14, 2016
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By:
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/s/ Gary A. Collis
Calvin E. Davis
Gary A. Collis
Attorneys for Defendant
SYNERGY HOMECARE
FRANCHISING, LLC
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•
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Gordon &Rees LLP
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o,
MILESTONE LEGAL, P.C.
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• (-)
cfa
e •
w d
▪
•
Dated: September 15, 2016
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("4
By:
Philip Milestone
Attorneys for Plaintiffs JOHN
HAN, ALICE LAI-BITKER,
and VERIS EASTBAY
HOMECARE, INC.
Q
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PURSUANT TO STIPULATION, IT IS SO ORDERED:
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Dated:
9/21
, 2016
United States Magistrate Judge
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I I 22132/291i22159v.
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STIPULATION AND (PROPOSED) ORDER TO CONTINUE THE INITIAL CASE
MANAGEMENT CONFERENCE (CASE NO. 4:16-cv-03759-KAW)
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