Richard v. A-Para Transit Corp.

Filing 22

ORDER by Judge Haywood S. Gilliam, Jr. Granting 21 Stipulation for Continuance of February 27, 2018 Case Management Conference and Case Management Conference-Related Dates. Case Management Statement due by 3/20/2018; Case Management Conference set for 3/27/2018 02:00 PM. (ndrS, COURT STAFF) (Filed on 2/20/2018)

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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]
Attorneys for Plaintiff,
ROY RICHARD
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.
Plaintiff,

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

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Defendants.

Case No. 4:17-cv-5299-HSG
JOINT STIPULATION FOR REQUEST
FOR CONTINUANCE OF FEBRUARY 27,
2018 CASE MANAGEMENT
CONFERENCE AND CASE
MANAGEMENT CONFERENCERELATED DATES
[Proposed Alternate Date: March 27, 2018]
Hon. Haywood S. Gilliam, Jr.

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SMRH:485437573.1

Case No. 4:17-cv-5299-HSG
STIPULATION FOR REQUEST TO CONTINUE FEB. 27 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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February 27, 2018 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.
WHEREAS, the parties have met and conferred regarding ADR and have agreed to private
mediation to be held on January 11, 2018.
WHEREAS, the Court granted the parties’ Stipulation for Request for Continuance of the

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December 19, 2017 case management conference until February 27, 2018 to allow the parties to

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focus on resolving the matter at the January 11, 2018 mediation.

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WHEREAS, the parties are continuing to negotiate in good faith to reach a resolution of
this matter despite not being able to resolve this matter at mediation.
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.

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SMRH:485437573.1

Case No. 4:17-cv-5299-HSG
-1STIPULATION FOR REQUEST TO CONTINUE FEB. 27 CMC

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WHEREAS, the parties are in the process of meeting and conferring regarding a First
Amended Complaint and a Stipulation to Remand to State Court.

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

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February, 27, 2018 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 meeting and conferring regarding a possible remand to state

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court.

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WHEREAS, the parties stipulate that the Case Management Conference be continued to
March 27, 2018, or such other date as the Court deems appropriate, and that all Case Management
Conference-related dates be continued as well.
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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SMRH:485437573.1

Case No. 4:17-cv-5299-HSG
-2STIPULATION FOR REQUEST TO CONTINUE FEB. 27 CMC

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Dated: February 13, 2018

SHEPPARD MULLIN RICHTER & HAMPTON LLP

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By

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/s/ Keahn N. Morris
Morgan P. Forsey
Keahn N. Morris

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Attorneys for Defendants

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SMRH:485437573.1

Case No. 4:17-cv-5299-HSG
-3STIPULATION FOR REQUEST TO CONTINUE FEB. 27 CMC

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[PROPOSED] ORDER

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IT IS HEREBY ORDERED, pursuant to the stipulation of the parties and good cause

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appearing, that the Case Management Conference currently set for February 27, 2018, be

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2:00 p.m.
continued to March 27, 2018, at _____________.

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IT IS FURTHER ORDERED that the parties shall meet and confer prior to the conference

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and shall prepare a joint Case Management Conference Statement that complies with the Standing

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Order For All Judges Of the Northern District of California and the Standing Order of this Court,

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and that shall be filed no later than 7 days prior to the Case Management Conference.

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED: 2/20/2018

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, 2017
The Honorable Haywood S. Gilliam, Jr.
United States District Judge

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SMRH:485437573.1

Case No. 4:17-cv-5299-HSG
-4STIPULATION FOR REQUEST TO CONTINUE FEB. 27 CMC

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
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Including Professional Corporations
MORGAN P. FORSEY, Cal. Bar No. 241207
3 KEAHN N. MORRIS, Cal. Bar No. 273013
Four Embarcadero Center, 17th Floor
4 San Francisco, California 94111-4109
Telephone:
415.434.9100
5 Facsimile:
415.434.3947
E mail
[e-mail]
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[e-mail]
7 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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13 ROY RICHARD, an individual, on behalf of
himself and all “aggrieved employees”
14 pursuant to Labor Code §2698, et seq.
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Plaintiff,
v.

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

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Case No. 4:17-cv-5299-HSG
DECLARATION OF KEAHN MORRIS IN
SUPPORT OF STIPULATED REQUEST
TO CONTINUE FEBRUARY 27, 2018
CASE MANAGEMENT CONFERENCE
AND CASE MANAGEMENT
CONFERENCE-RELATED DATES
[Proposed Alternate Date: March 27, 2018]
Hon. Haywood S. Gilliam, Jr.

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SMRH:485437914.1

Case No. 4:17-cv-5299-HSG
MORRIS DECL. ISO STIPULATED REQUEST TO
CONTINUE CASE MANAGEMENT CONFERENCE

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DECLARATION OF KEAHN N. MORRIS

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I, Keahn N. Morris, declare as follows:

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I am an attorney duly admitted to practice before this Court. I am an associate with

4 Sheppard Mullin Richter & Hampton LLP, attorneys of record for Defendant A-Para Transit Corp.
5 (“Defendant”). If called as a witness, I could and would competently testify to all facts within my
6 personal knowledge except where stated upon information and belief.
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2.

I am informed and believe that on August 4, 2017, Plaintiff individually and on

8 behalf of all “aggrieved employees” under the Private Attorneys General Act (“PAGA”), filed a
9 Representative Action in the Superior Court of California, County of Alameda, Case No. HG 17
10 870373 (“the Complaint”). I am informed and believe that Defendant was served with the
11 Complaint on August 14, 2017.
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3.

On September 13, 2017, Defendant filed a Notice of Removal of the Complaint.

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4.

The parties have met and conferred regarding ADR and have agreed to private

14 mediation to be held on January 11, 2018 by Tripper Ortman (Ortman Mediation).
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5.

The parties are continuing to negotiate in good faith to reach a resolution of this

16 matter despite not being able to resolve this matter at mediation.
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Plaintiff has informed Defendant that Plaintiff intends to file a Motion for Remand

18 to State Court in the event the parties are unable to resolve this matter.
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The parties are in the process of meeting and conferring regarding a First Amended

20 Complaint and a Stipulation to Remand to State Court.
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The Case Management Conference is currently scheduled for February 27, 2018.

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9.

Counsel for the parties have met and conferred and agree that continuing the

23 February 27, 2018 Case Management Conference and all Case Management Conference-related
24 dates, will conserve attorneys’ fees and court resources and serve the interests of judicial economy
25 by allowing the parties to focus on meeting and conferring regarding a possible remand to state
26 court.
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-1SMRH:485437914.1

Case No. 4:17-cv-5299-HSG
MORRIS DECL. ISO STIPULATED REQUEST TO
CONTINUE CASE MANAGEMENT CONFERENCE

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10.

The parties stipulate that the Case Management Conference be continued to March

2 27, 2018, or such other date as the Court deems appropriate, and that all Case Management
3 Conference-related dates be continued as well.
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11.

All previous time modifications in the case are as follows:
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On September 29, 2017, the Clerk of this Court continued the Initial Case

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Management Conference from December 12, 2017 to December 19, 2017 at 2:00

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p.m. As a result, the following deadlines were continued from November 27, 2017

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to November 28, 2017: last day to meet and confer re: initial disclosures, early

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settlement, ADR process selection, and discovery plan; file ADR Certification

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signed by Parties and Counsel; file Stipulation to ADR Process or Notice of Need

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for ADR Phone conference. Likewise, the following deadlines were continued

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from December 8, 2017 to December 12, 2017: last day to file Rule 26(f) Report,

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complete Initial Disclosures or state objection in Rule 26(f) Report and file Case

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Management Statement per Standing Order re Contents of Joint Case Management

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Statement.
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On November 28, 2017, the Court granted the parties’ Stipulation for Request for

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Continuance of the December 19, 2017 case management conference until

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February 27, 2018 to allow the parties to focus on resolving the matter at the

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January 11, 2018 mediation. As a result, the following deadlines were continued

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from November 28, 2017 to February 6, 2018: last day to meet and confer re: initial

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disclosures. Likewise, the following deadlines were continued from December 12,

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2017 to February 20, 2018: last day to file Rule 26(f) Report, complete Initial

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Disclosures or state objection in Rule 26(f) Report and file Case Management

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Statement.

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-2SMRH:485437914.1

Case No. 4:17-cv-5299-HSG
MORRIS DECL. ISO STIPULATED REQUEST TO
CONTINUE CASE MANAGEMENT CONFERENCE

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I declare under penalty of perjury under the laws of the United States of America that the

2 foregoing is true and correct. Executed February 13, 2018 at San Francisco, California.
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/s/ Keahn N. Morris
Keahn N. Morris

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-3SMRH:485437914.1

Case No. 4:17-cv-5299-HSG
MORRIS DECL. ISO STIPULATED REQUEST TO
CONTINUE CASE MANAGEMENT CONFERENCE