Whitney Hatcher v. Lane Bryant, Inc.

Filing 25

ORDER GRANTING JOINT STIPULATION 24 . Hearing on Defendant's Motion to Compel Arbitration of Plaintiff's Individual Claims, Dismiss The Class Claims, and, to Stay the PAGA Claims 24 set for 7/27/2016 is OFF CALENDAR. Case Management Conference set for 1/18/2017 10:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 7/20/2016. (lmh, COURT STAFF) (Filed on 7/20/2016)

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MORGAN, LEWIS & BOCKIUS LLP
Melinda S. Riechert, Bar No. 65504
Jennifer Svanfeldt, Bar No. 233248
Nicole L. Antonopoulos, Bar No. 306882
One Market, Spear Street Tower
San Francisco, California 94105-1596
Telephone: [phone]
Facsimile: +1.415.442.1001
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
LANE BRYANT, INC.

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SCHIMMEL & PARKS, APLC
Alan I. Schimmel, Bar No. 101328
Michael W. Parks, Bar No. 154531
Michael Kim, bar No 227685
15303 Ventura Blvd., Suite 650
Sherman Oaks, CA 91403
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
WHITNEY HATCHER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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WHITNEY HATCHER, an individual, on
behalf of herself, all others similarly
situated, and on behalf of all other
“aggrieved” employees,
Plaintiffs,

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v.

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LANE BRYANT, INC., individually, and
DOES 1-50,

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Defendants.

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Case No. 5:16-cv-02243-NC
JOINT STIPULATION AND ORDER TO
TAKE THE HEARING ON DEFENDANT’S
MOTION TO COMPEL ARBITRATION OF
PLAINTIFF’S INDIVIDUAL CLAIMS,
DISMISS THE CLASS CLAIMS, AND, TO
STAY THE PAGA CLAIMS OFF
CALENDAR, CONTINUE CASE
MANAGEMENT CONFERENCE AND
DEADLINE TO FILE RULE 26(F) REPORT
AND INITIAL DISCLOSURES, AND STAY
DISCOVERY WHILE THE PARTIES
PROCEED TO MEDIATION

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JOINT STIPULATION AND ORDER TO TAKE DEFENDANT’S MOTION TO COMPEL HEARING OFF
CALENDAR, CONTINUE CMC AND STAY DISCOVERY
Case No. 5:16-cv-02243-NC

DB2/ 30441717.1

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IT IS HEREBY STIPULATED AND AGREED by and between Defendant LANE

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BRYANT, INC. (“Defendant”) and Plaintiff WHITNEY HATCHER (“Plaintiff”) (collectively,

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the “Parties”), by and through their respective counsel of record as follows:

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WHEREAS, on April 26, 2016, this Court issued an Order Setting Initial Case

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Management Conference and ADR Deadlines (“Order”). That Order set the deadline for the

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Parties to file their Rule 26(f) Report and complete initial disclosures for July 20, 2016 and set a

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Case Management Conference for July 27, 2016 at 10:00 a.m.;

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WHEREAS, on June 1, 2016, Defendant filed its Motion to Compel Arbitration of
Plaintiff’s Individual Claims, Dismiss the Class Claims, and, To Stay the PAGA Claims
(“Motion to Compel”);

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WHEREAS, on June 16, 2016, Plaintiff filed her Opposition to Defendant’s Motion to
Compel;

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WHEREAS, on June 22, 2016, Defendant filed its Reply in support of its Motion to
Compel;

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WHEREAS, the hearing on Defendant’s Motion to Compel is set for July 27, 2016 at 1:00
p.m.;
WHEREAS, on or around June 30, 2016, the Parties met and conferred as required by the

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Court’s Order regarding initial disclosures, early settlement, ADR process selection, and

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discovery plan;

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WHEREAS, the Parties have agreed to exchange informal discovery and participate in

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private mediation at the earliest mutually available date for both Parties and the mediator, but no

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later than December 31, 2016;

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WHEREAS, the Parties have agreed to take the hearing on Defendant’s Motion to Compel

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off calendar and continue the Initial Case Management Conference pending completion of

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mediation;

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WHEREAS, the Parties request that the Court schedule the Initial Case Management

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Conference to take place after completion of the mediation, and the Court at that time set a new

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hearing date for the Motion to Compel;
JOINT STIPULATION AND ORDER TO TAKE DEFENDANT’S MOTION TO COMPEL HEARING OFF
CALENDAR, CONTINUE CMC AND STAY DISCOVERY
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Case No. 5:16-cv-02243-NC

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WHEREAS, the Parties request that the Court continue the deadline to file the Rule 26(f)
Report and complete initial disclosures until after mediation is completed; and

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WHEREAS, the Parties further agree to a stay of all formal discovery pending mediation.

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IT IS SO STIPULATED.

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Dated: July 19, 2016
By:

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SCHIMMEL & PARKS, APLC
Alan I. Schimmel, Bar No. 101328
Michael W. Parks, Bar No. 154531
Michael Kim, Bar No 227685
15303 Ventura Blvd., Suite 650
Sherman Oaks, CA 91403
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff

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/s/ Michael W. Parks
Michael W. Parks

Dated: July 19, 2016

By:

_/s/ Melinda Riechert _________
Melinda Riechert

Melinda Riechert
MORGAN LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant

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JOINT STIPULATION AND ORDER TO TAKE DEFENDANT’S MOTION TO COMPEL HEARING OFF
CALENDAR, CONTINUE CMC AND STAY DISCOVERY
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Case No. 5:16-cv-02243-NC

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ATTESTATION
I, Melinda Riechert, am the ECF user whose identification and password are being used to

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file this Stipulation and [Proposed] Order to Take Defendant’s Motion to Compel Hearing Off

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Calendar, Continue CMC and Deadline to File Rule 26(F) Report and Initial Disclosures, and

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Stay Discovery. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that Michael W. Parks

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concurs in this filing.

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DATED: July 19, 2016

MORGAN LEWIS & BOCKIUS LLP

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By: /s/ Melinda Riechert
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JOINT STIPULATION AND ORDER TO TAKE DEFENDANT’S MOTION TO COMPEL HEARING OFF
CALENDAR, CONTINUE CMC AND STAY DISCOVERY
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Case No. 5:16-cv-02243-NC

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ORDER
Having read and considered the Parties’ Stipulation to take the hearing on Defendant’s

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Motion to Compel Arbitration of Plaintiff’s Individual Claims, Dismiss the Class Claims, and, To

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Stay the PAGA Claims (“Motion to Compel”) off calendar, continue the Initial Case Management

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Conference and deadline to file the Rule 26(f) Report and complete initial disclosures, and stay

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discovery, and for good cause shown, the Stipulation is approved. The Court hereby orders as

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follows:

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1. The Parties’ Stipulation is GRANTED;

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2.

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The hearing on Defendant’s Motion to Compel is taken off calendar pending

completion of the private mediation;

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3.

The Initial Case Management Conference is continued until January 18, 2017;

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4.

The deadline to file the Rule 26(f) Report and complete initial disclosures is

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continued until after the completion of the mediation;

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5.

The Parties shall promptly advise the Court whether mediation was successful;

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6.

Should mediation not be successful, the Court will set a new date for the Initial

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Case Management Conference and deadlines for the Parties to file the Rule 26(f) Report and

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complete initial disclosures;
7.

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At the continued Initial Case Management Conference, the Court will set a new

date for the hearing on Defendant’s Motion to Compel; and

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8. All discovery in this matter is stayed pending mediation.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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thanael M
Judge Na

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. Cousins

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NO

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_____________________________________
Honorable Nathanael Cousins
TED
United States Magistrate GRAN
Judge

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July 20, 2016

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Dated:

UNIT
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D COMPELC T O OFF
JOINT STIPULATION AND ORDER TO TAKE DEFENDANT’S MOTION TO I
S T I HEARING
CALENDAR, CONTINUE CMC AND STAY DISCOVERY R
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Case No. 5:16-cv-02243-NC