Moralez v. Philz Coffee, Inc. et al

Filing 64

ORDER by Judge Haywood S. Gilliam, Jr. Granting 63 Stipulation to (1) Shorten Briefing Schedule on Cross-Defendant Philz Coffee, Inc.'s Motion for Judgment on the Pleadings and (2) Allow Plaintiff to File First Amended Complaint. Amended Pleadings due by 11/21/2017; Motions due by 11/27/2017; Responses due by 12/7/2017; Replies due by 12/11/2017. (ndrS, COURT STAFF) (Filed on 11/16/2017)

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Zachary M. Best (Cal. Bar No. 166035)
MISSION LAW FIRM, A.P.C.
332 North Second Street
San Jose, CA 95112
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
FRANCISCA MORALEZ
Jamerson C. Allen (Cal. Bar No. 132866)
Janelle J. Sahouria (Cal. Bar No. 253699)
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Cross-Defendant
PHILZ COFFEE, INC.

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Charles D. Jarrell (Cal. Bar No. 172108)
ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
865 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-2543
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Allison L. Shrallow (Cal. Bar No. 272924)
ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
Three Embarcadero Center, 12th Floor
San Francisco, CA 94111-4074
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant and Cross-Claimant
1600 SHATTUCK ASSOCIATES, L.P.
(erroneously sued as 1600 Shattuck Associates,
a General Partnership)

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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FRANCISCA MORALEZ,
Plaintiff,

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v.
PHILZ COFFEE, INC.; 1600 SHATTUCK
ASSOCIATES, a General Partnership,

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Complaint Filed:
Cross-Claim Filed:
Trial Date:

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December 13, 2016
October 20, 2017
None Set

1600 SHATTUCK ASSOCIATES, L.P.,
Cross-Claimant,

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STIPULATION AND ORDER TO (1)
SHORTEN BRIEFING SCHEDULE ON
CROSS-DEFENDANT PHILZ COFFEE,
INC.’S MOTION FOR JUDGMENT ON
THE PLEADINGS AND (2) ALLOW
PLAINTIFF TO FILE FIRST
AMENDED COMPLAINT

Defendants.

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Case No. 4:16-cv-07102-HSG

v.
PHILZ COFFEE, INC.,
Cross-Defendant.

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Case No. 4:16-cv-07102-HSG
STIPULATION AND ORDER TO (1) SHORTEN BRIEFING SCHEDULE ON
PHILZ’S MOTION FOR JUDGMENT ON THE PLEADINGS AND (2) FILE AMENDED COMPLAINT

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Plaintiff Francisca Moralez (“Plaintiff”), Defendant and Cross-Claimant 1600 Shattuck

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Associates, L.P. (“1600 Shattuck”), and Cross-Defendant Philz Coffee, Inc. (“Philz”), by and

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through their respective attorneys of record, hereby stipulate as follows:

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1.

Pursuant to the Court’s November 8, 2017 Minute Order (ECF No. 60) requiring

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the parties to meet and confer regarding a briefing schedule for Philz’s Motion for Judgment on

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the Pleadings (“Motion”), Counsel for the parties met and conferred on November 14, 2017.

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Philz and 1600 Shattuck have agreed to attempt to resolve the October 20, 2017 Cross-Claim

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filed by 1600 Shattuck against Philz (ECF No. 50) and to have a further meet and confer on

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November 17, 2017 to attempt to avoid the need for the Motion. If it is necessary for Philz to file

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its Motion, the parties agree to the following briefing schedule for the Motion set for hearing on

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December 15, 2017.

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

Deadline to file Motion: November 27, 2017

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Deadline to file Opposition to Motion: December 7, 2017

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Deadline to file Reply to Motion: December 11, 2017

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If Philz determines that it will not file the Motion, it will contact the clerk of the Court and the

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parties so that the December 15, 2017 hearing date can be taken off calendar.

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2.

Also pursuant to the Court’s November 8, 2017 Minute Order (ECF No. 60)

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requiring the parties to meet and confer regarding Plaintiff’s Motion for Leave to File First

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Amended Complaint (ECF No. 57), the parties stipulate to Plaintiff filing the proposed amended

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complaint, attached hereto as Exhibit A. Based upon Philz’s understanding and agreement that it

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has been satisfactorily dismissed from the action with prejudice by the Court, Plaintiff has agreed

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to remove Philz as a defendant from her action. Plaintiff further stipulates that in her proposed

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first amended complaint, the claims for equitable relief and damages she pursues against 1600

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Shattuck are only those that were not resolved by the settlement agreement between Plaintiff and

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Philz. Plaintiff will file her First Amended Complaint within five days of the date the Court

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issues its Order on this Stipulation, and 1600 Shattuck’s response thereto shall be filed within

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fourteen (14) days after the First Amended Complaint is filed.
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Case No. 4:16-cv-07102-HSG
STIPULATION AND ORDER TO (1) SHORTEN BRIEFING SCHEDULE ON
PHILZ’S MOTION FOR JUDGMENT ON THE PLEADINGS AND (2) FILE AMENDED COMPLAINT

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3.

Upon the Court’s issuance of the Order on this Stipulation, Plaintiff’s motion to

amend her complaint set for January 4, 2018 shall be vacated as moot.
IT IS SO STIPULATED.
Dated: November 15, 2017

MISSION LAW FIRM, A.P.C.

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By:

s/Zachary M. Best
Zachary M. Best

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Attorneys for Plaintiff
FRANCISCA MORALEZ

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Dated: November 15, 2017

ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP

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By:

s/Allison L. Shrallow

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Charles D. Jarrell
Allison L. Shrallow

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Attorneys for Defendant and Cross-Claimant
1600 SHATTUCK ASSOCIATES, L.P.
(erroneously sued as 1600 Shattuck
Associates, a General Partnership)

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Dated: November 15, 2017

JACKSON LEWIS P.C.

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By:

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s/Jamerson C. Allen
Jamerson C. Allen
Janelle J. Sahouria
Attorneys for Cross-Defendant
PHILZ COFFEE, INC.

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ORDER

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The Parties having so stipulated and good cause appearing, it is hereby ORDERED as
follows:
1.

The briefing schedule for Cross-Defendant Philz, Inc.’s Motion for Judgment on

the Pleadings (“Motion”) set for hearing on December 15, 2017 is as follows:

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

Deadline to file Motion: November 27, 2017

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

Deadline to file Opposition to Motion: December 7, 2017

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

Deadline to file Reply to Motion: December 11, 2017
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Case No. 4:16-cv-07102-HSG

STIPULATION AND ORDER TO (1) SHORTEN BRIEFING SCHEDULE ON
PHILZ’S MOTION FOR JUDGMENT ON THE PLEADINGS AND (2) FILE AMENDED COMPLAINT

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2.

Plaintiff shall file her First Amended Complaint, a copy of which was filed with

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the Parties’ stipulation as Exhibit A, within five days of the date this Order is issued. Defendant

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1600 Shattuck Associates, a General Partnership’s response thereto shall be filed within fourteen

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(14) days after the First Amended Complaint is filed.

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3.

Plaintiff’s motion to amend her complaint set for January 4, 2018 is hereby

VACATED as moot.
IT IS SO ORDERED.

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Dated: November 16, 2017

____________________________________
Haywood S. Gilliam, Jr.
United States District Judge

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Case No. 4:16-cv-07102-HSG
STIPULATION AND ORDER TO (1) SHORTEN BRIEFING SCHEDULE ON
PHILZ’S MOTION FOR JUDGMENT ON THE PLEADINGS AND (2) FILE AMENDED COMPLAINT