Barrera v. The Home Depot U.S.A., Inc. et al

Filing 27

ORDER by Judge Lucy H. Koh granting 26 Stipulation to Extend Mediation Deadlins (mpb, COURT STAFF) (Filed on 3/19/2013)

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WILLIAM L. MARDER, State Bar No. 170131
Polaris Law Group L.L.P.
501 San Benito Street, Suite 200
Hollister, CA 95023
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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LARRY W. LEE, State Bar No. 228175
Diversity Law Group, P.C.
550 S. Hope St., Suite 2655
Los Angeles, CA 90071
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff
JOHN BARRERA, JR.
GREGORY C. CHENG, State Bar No. 226865
[e-mail]
KRYSTAL N. LOPILATO, State Bar No. 263320
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870
Attorneys for Defendant
HOME DEPOT U.S.A., INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN BARRERA, JR.

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Plaintiff,

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vs.

Case No. CV 12-05199 LHK (HRL)
STIPULATION TO CONTINUE
MEDIATION COMPLETION DEADLINE
AND [PROPOSED] ORDER

THE HOME DEPOT U.S.A., INC., and DOES 1 Action Filed: September 4, 2012
through 10, inclusive,
Trial Date:
March 17, 2014
Defendants.

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Case No. CV 12-05199 LHK (HRL)
STIPULATION TO CONTINUE MEDIATION COMPLETION DEADLINE AND [PROPOSED] ORDER

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Plaintiff John Barrera, Jr. (“Plaintiff”) and Defendant Home Depot U.S.A., Inc.

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(“Defendant”) (collectively, the “Parties”), by and through undersigned counsel, jointly stipulate

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and agree as follows:

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1.

Plaintiff’s Complaint alleges claims for (1) violation of the California Family Rights

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Act (“CFRA”); (2) retaliation in violation of the CFRA; (3) retaliation in violation of the Fair

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Employment and Housing Act (“FEHA”); (4) violation of Labor Code section 203; and (5)

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penalties pursuant to the California Private Attorney General Act of 2004 (“PAGA”);

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2.

On February 6, 2013, at the Initial Case Management Conference, the Court issued a

Minute Order and Case Management Order, referring the Parties to Court mediation and setting a
deadline for mediation as 120 days from the date of the Order;
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On February 13, 2013, Plaintiff filed a Notice of Motion and Motion For Leave To

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File First Amended Complaint (the “Motion”) with this Court. In essence, Plaintiff seeks to amend

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the Complaint to add class action allegations. The hearing date set for the Motion was and is June

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20, 2013;

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4.

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The deadline set by the Court for mediation currently falls on June 6, 2013, which is

before the hearing on Plaintiff’s Motion; and
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The Parties agree that the outcome of Plaintiff’s Motion has the potential to impact

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the scope of any potential resolution. As such, the Parties will not be in a position to mediate the

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instant lawsuit until Plaintiff’s Motion is ruled upon. The Parties agree that good cause exists to

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postpone the mediation until after the hearing on Plaintiff’s Motion.

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In consideration of the above, the Parties agree and stipulate for an Order to modify the

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Court’s Case Management Order and continue the mediation completion date from June 6, 2013 to

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July 20, 2013.

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Case No. CV 12-05199 LHK (HRL)

STIPULATION TO CONTINUE MEDIATION COMPLETION DEADLINE AND [PROPOSED] ORDER

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DATED: March 13, 2013

DIVERSITY LAW GROUP, P.C.

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By: /s/ Larry W. Lee
LARRY W. LEE
Attorneys for Plaintiff
John Barrera, Jr.

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DATED: March 13, 2013

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Gregory C. Cheng
GREGORY C. CHENG
KRYSTAL N. LOPILATO
Attorneys for Defendant
HOME DEPOT U.S.A., INC.

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Case No. CV 12-05199 LHK (HRL)

STIPULATION TO CONTINUE MEDIATION DEADLINE AND [PROPOSED] ORDER

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[PROPOSED] ORDER
GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that the

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Case Management Order is modified to continue the mediation cut-off date from June 6, 2013 to

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July 20, 2013.

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IT IS SO ORDERED.

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Dated:

3/19/13
HONORABLE LUCY H. KOH
UNITED STATES DISTRICT JUDGE

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14573456.1 (OGLETREE)

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[PROPOSED] ORDER

Case No. CV 12-05199 LHK (HRL)