Han et al v. Synergy Homecare Franchising, LLC

Filing 28

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)
[e-mail]
GARY A. COLLIS (SBN: 191800)
[e-mail]
GORDON & REES LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
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

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Gordon &Rees LLP

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III

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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
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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)