Thomas-v-Costco Wholesale Corporation

Filing 65

ORDER Granting 63 Stipulation Regarding Mediation. The parties will participate in mediation within 90 days of the Court's order on Defendant's motion to dismiss the second amended complaint. (Correction of 64 ). Signed by Judge Edward J. Davila on 5/31/2013. (ecg, COURT STAFF) (Filed on 5/31/2013)

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S ER Attorneys for Defendant COSTCO WHOLESALE CORPORATION 7 N D IS T IC T R R NIA FO a C 5/31/2013 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 OF UNITED STATES DISTRICT COURT 9 101 California Street San Francisco, CA 94111-5802 8 Winston & Strawn LLP J . D av i l LI d w a rd J u d ge E H 6 RT 5 NO 4 DERED O OR IT IS S A 3 UNIT ED 2 Amanda L. Groves (SBN: 187216) agroves@winston.com Sean D. Meenan (SBN: 260466) smeenan@winston.com WINSTON & STRAWN LLP 101 California Street San Francisco, CA 94111-5802 Telephone: (415) 591-1000 Facsimile: (415) 591-1400 RT U O 1 S DISTRICT TE C TA SAN JOSE DIVISION 11 12 13 KAREN THOMAS and LISA LIDDLE, individually and on behalf of all others similarly situated, 14 15 16 Case No. 5:12-CV-02908-EJD-PSG STIPULATION AND [PROPOSED] XXXXXXXX ORDER REGARDING MEDIATION Plaintiffs, v. Judge: COSTCO WHOLESALE CORPORATION, 17 Hon. Edward J. Davila Original Complaint Filed: June 5, 2012 Defendant. 18 19 XXXXXXX STIPULATION AND [PROPOSED] ORDER REGARDING MEDIATION 20 The parties, through their undersigned counsel, hereby stipulate and agree as follows: 21 WHEREAS, counsel for the parties previously agreed, and the Court ordered, that they 22 would participate in a mediation session “within 90 days of the Court’s ruling on the Defendant’s 23 Motion to Dismiss Plaintiffs’ Amended Complaint for Damages, Equitable and Injunctive 24 25 Relief.” 26 27 28 STIPULATION AND [PROPOSED] ORDER RE MEDIATION Case No. 5:12-CV-02908-EJD-PSG CHL:62010.1 1 WHEREAS, on April 9, the Court granted Defendant’s Motion to Dismiss Plaintiff’s 2 Amended Complaint for Damages, Equitable and Injunctive Relief, with leave to amend, and 3 declined to set a case management schedule at that time; 4 WHEREAS, on April 24, 2013, Plaintiffs filed a second amended complaint; 5 6 7 8 9 101 California Street San Francisco, CA 94111-5802 Winston & Strawn LLP 10 11 WHEREAS, Defendant’s response to that complaint is due June 7, 2013 and Defendant intends to file a motion to dismiss, among other things, all claims by Plaintiff Thomas; WHEREAS, on May 29, 2013, the parties participated in a call with assigned mediator Mark LeHocky and discussed the most appropriate timing for mediation in light of the upcoming motion to dismiss; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among the 12 13 14 15 parties and their counsel that: The parties will participate in mediation within 90 days of the Court’s order on Defendant’s motion to dismiss the second amended complaint. IT IS SO STIPULATED. 16 17 Dated: May 29, 2013 Dated: May 29, 2013 18 PRATT & ASSOCIATES WINSTON & STRAWN LLP /s/ Ben F. Pierce Gore Ben F. Pierce Gore Attorney for Plaintiffs KAREN THOMAS AND LISA LIDDLE /s/ Amanda L. Groves Amanda L. Groves Attorney for Defendant COSTCO WHOLESALE CORPORATION 19 20 21 22 23 24 Amanda L. Groves attests that Ben F. Pierce Gore has consented to the filing of this document. 25 26 IT IS SO ORDERED Dated: May 31, 2013 27 28 /s/ Amanda L. Groves Amanda L. Groves ______________________________________ United States District Judge Edward J. Davila STIPULATION AND [PROPOSED] ORDER RE MEDIATION Case No. 5:12-CV-02908-EJD-PSG CHL:62010.1

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