Richard v. A-Para Transit Corp.

Filing 19

ORDER by Judge Haywood S. Gilliam, Jr. Granting 15 Stipulation for Request for Continuance of December 19, 2017 Case Management Conference and Case Management Conference-Related Dates. Case Management Statement due by 2/20/2018; Case Management Conference set for 2/27/2018 02:00 PM. (ndrS, COURT STAFF) (Filed on 11/28/2017)

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GAINES & GAINES, APLC
Alex P. Katofsky, Esq.
Daniel F. Gaines, Esq.
27200 Agoura Road, Suite 101
Calabasas, CA 91301
Telephone: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Plaintiff, ROY RICHARD

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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
MORGAN P. FORSEY, Cal. Bar No. 241207
KEAHN N. MORRIS, Cal. Bar No. 273013
Four Embarcadero Center, 17th Floor
San Francisco, California 94111-4109
Telephone:
415.434.9100
Facsimile:
415.434.3947
E mail
[e-mail]
[e-mail]
Attorneys for Defendant
A-PARA TRANSIT CORP.

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UNITED STATES DISTRICT COURT FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ROY RICHARD, an individual, on behalf of
himself and all “aggrieved employees”
pursuant to Labor Code §2698, et seq.

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Plaintiff,
v.
A-PARA TRANSIT CORP.. a California
corporation; and DOES 1 through 10,
Defendants.

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Case No. 4:17-cv-05299-HSG
JOINT STIPULATION FOR REQUEST
FOR CONTINUANCE OF
DECEMBER 19, 2017 CASE
MANAGEMENT CONFERENCE AND
CASE MANAGEMENT CONFERENCERELATED DATES
[Proposed Alternate Date: February 27, 2018]
Hon. Haywood S. Gilliam, Jr.

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SMRH:484798575.1

Case No. 4:17-cv-5299-HSG
STIPULATION FOR REQUEST TO CONTINUE DEC. 19 CMC

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TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

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Pursuant to Northern District of California Local Rules 6-1, 6-2, and 7-12, Plaintiff Roy

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Richard (“Plaintiff”) and Defendant A-Para Transit Corp. (“Defendant”), by and through their

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respective counsel, hereby respectfully stipulate and jointly request that the Court continue the

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December 19, 2017 case management conference, and all related deadlines, until some further date

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convenient for this Court.

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RECITALS

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WHEREAS, on August 4, 2017, Plaintiff individually and on behalf of all “aggrieved

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employees” under the Private Attorneys General Act (“PAGA”), filed a Representative Action in

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the Superior Court of California, County of Alameda, Case No. HG 17 870373 (“the Complaint”).

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WHEREAS, Defendant was served with the Complaint on August 14, 2017.

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WHEREAS, on September 13, 2017, Defendant filed a Notice of Removal of the

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Complaint.

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WHEREAS, on September 13, 2017, this case was assigned to Magistrate Judge Joseph S.
Spero.

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WHEREAS, on September 29, 2017, this case was reassigned to this Court.

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WHEREAS, on September 29, 2017, this Court set a case management conference for

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December 19, 2017 at 2:00 p.m. and a due date for submitting a case management statement by

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December 12, 2017.

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WHEREAS, the parties have met and conferred regarding ADR and have agreed to private
mediation to be held on January 11, 2018.
WHEREAS, Plaintiff has informed Defendant that Plaintiff intends to file a Motion for
Remand to State Court in the event the parties are not able to resolve this matter at mediation.
WHEREAS, the current case calendar would require the parties to conduct the Fed. R. Civ.

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P. 26(f) conference, complete Initial Disclosures or state objection in the 26(f) Report, submit the

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Joint Case Management Conference Statement, and attend the Case Management Conference

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before the mediation on January 11, 2018.

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SMRH:484798575.1

Case No. 4:17-cv-5299-HSG
-1STIPULATION FOR REQUEST TO CONTINUE DEC. 19 CMC

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WHEREAS, counsel for the parties have met and conferred and agree that continuing the

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December 19, 2017 Case Management Conference and all Case Management Conference-related

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dates, will conserve attorneys’ fees and court resources and serve the interests of judicial economy

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by allowing the parties to focus on resolving this matter at the January 11, 2018 mediation.

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WHEREAS, the parties stipulate that the Case Management Conference be continued to

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February 27, 2018, or such other date as the Court deems appropriate, and that all Case

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Management Conference-related dates be continued as well.

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WHEREAS, counsel for the parties submit that the continuance will not, at this early stage,

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have a significant effect on the overall schedule for this case because it will only affect Case

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Management Conference-related dates (date to conduct the Fed. R. Civ. P. 26(f) conference,

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complete Initial Disclosures or state objection in the 26(f) Report, submit the Joint Case

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Management Conference Statement, and attend the Case Management Conference).

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WHEREAS, Keahn Morris attests that Daniel Gaines concurs in filing this stipulation.

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SO STIPULATED.

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Dated: November 27, 2017

GAINES & GAINES, APLC

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By

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/s/ Daniel F. Gaines
Alex P. Katofsky, Esq.
Daniel F. Gaines, Esq.

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Dated: November 27, 2017

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SHEPPARD MULLIN RICHTER & HAMPTON LLP

By

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/s/ Keahn N. Morris
Morgan P. Forsey
Keahn N. Morris
Attorneys for Defendants

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SMRH:484798575.1

Case No. 4:17-cv-5299-HSG
-2STIPULATION FOR REQUEST TO CONTINUE DEC. 19 CMC

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ORDER

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IT IS HEREBY OR
H
RDERED, pu
ursuant to th stipulation of the parti and good cause
he
n
ies
d

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app
pearing, that the Case Management Conference currently set for Decemb 19, 2017 be
t
M
C
t
ber
7,

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con
ntinued to Fe
ebruary 27, 2018, at 2:00 p.m.
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0

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IT IS FURTHER ORDERED that the parti shall mee and confe prior to th conference
F
O
t
ies
et
er
he
e

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and shall prepa a joint Case Managem Confer
d
are
ment
rence Statem
ment that com
mplies with the Standing
g

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Ord For All Judges Of th Northern District of C
der
he
California an the Stand
nd
ding Order o this Court
of
t,

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and that shall be filed no la than 7 da prior to t Case Ma
d
b
ater
ays
the
anagement C
Conference.

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PURSU
UANT TO STIPULATI
S
ION, IT IS SO ORDER
RED:

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DA
ATED: November 28, 2017

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The H
Honorable H
Haywood S. G
Gilliam, Jr.
Unite States Dis
ed
strict Judge

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SMR
RH:484798575.1

Case No. 4:17-cv-5299-HS
SG
-3
3STIPU
ULATION FOR REQUEST T CONTINU DEC. 19 CM
R
TO
UE
MC