Moralez v. Philz Coffee, Inc. et al

Filing 67

ORDER by Judge Haywood S. Gilliam, Jr. Granting 66 Stipulation to Continue Briefing Schedule and Hearing on Cross-Defendant Philz Coffee Inc.'s Anticipated Motion for Judgment on the Pleadings Because of Tentative Settlement of Cross-Claim. (ndrS, COURT STAFF) (Filed on 11/27/2017)

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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

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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]

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.

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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANCISCA MORALEZ,

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Plaintiff,

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

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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
CONTINUE BRIEFING SCHEDULE
AND HEARING ON CROSSDEFENDANT PHILZ COFFEE, INC.’S
ANTICIPATED MOTION FOR
JUDGMENT ON THE PLEADINGS
BECAUSE OF TENTATIVE
SETTLEMENT OF CROSS-CLAIM
Complaint Filed:
Cross-Claim Filed:
Trial Date:

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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 CONTINUE BRIEFING SCHEDULE
AND HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS

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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.

The hearing on Philz’s Motion for Judgment on the Pleadings related to the Cross-

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Claim filed by 1600 Shattuck against Philz (“Motion”) is scheduled for hearing by the Court on

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December 15, 2017. (ECF No. 60.) Pursuant to the Court’s November 8, 2017 Minute Order, the

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parties were required by the Court to meet and confer regarding an expedited briefing schedule

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for the Motion. (Id.) The parties stipulated to and the Court entered an order setting forth the

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briefing schedule:

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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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(ECF No. 64.)
2.

1600 Shattuck and Philz have reached a tentative settlement to resolve

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1600 Shattuck’s Cross-Claim against Philz (ECF No. 50). Settlement of the Cross-Claim would

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result in Philz no longer being any part of the above-referenced matter, and Philz’s anticipated

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Motion would be moot. Given the upcoming Thanksgiving holiday and Philz’s inspection of

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1600 Shattuck’s attorneys’ redacted billing records, a condition of the tentative settlement, the

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parties anticipate that it will take at least two weeks to finalize the settlement and memorialize it

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in a written agreement.

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3.

1600 Shattuck and Philz therefore request that the Court continue the hearing for

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Philz’s Motion until mid-January 2018 to allow the parties to settle the Cross-Claim. If 1600

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Shattuck and Philz are unable to settle the Cross-Claim by December 22, 2017, they will meet

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and confer and file by that date a stipulation and proposed order establishing a briefing schedule

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on the Motion.

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IT IS SO STIPULATED.

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Case No. 4:16-cv-07102-HSG
STIPULATION AND ORDER TO CONTINUE BRIEFING SCHEDULE
AND HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS

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Dated: November 22, 2017

MISSION LAW FIRM, A.P.C.

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By:

s/Zachary M. Best

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Zachary M. Best

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Attorneys for Plaintiff
FRANCISCA MORALEZ

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Dated: November 22, 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 22, 2017

JACKSON LEWIS P.C.

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By:

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ORDER

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

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

The hearing for Cross-Defendant Philz, Inc.’s Motion for Judgment on the

Pleadings (“Motion”) is continued from December 15, 2017 until January 18, 2018.
2.

Cross-Claimant and Defendant 1600 Shattuck Associates, L.P. and Cross-

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Defendant Philz,’s Inc. will meet and confer and file by December 22, 2017 a stipulation

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establishing briefing schedule if they are unable to finalize their tentative settlement of the Cross-

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Claim prior to that date.

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IT IS SO ORDERED.
Dated: November 27, 2017

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

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Case No. 4:16-cv-07102-HSG
STIPULATION AND ORDER TO CONTINUE BRIEFING SCHEDULE
AND HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS