Hillson et al v. Kelly Services, Inc.

Filing 3

Order by Hon. Vince Chhabria granting 50 Stipulation to Transfer the Case to the Eastern District of Michigan, Detroit Division.(knm, COURT STAFF) (Filed on 3/3/2015) [Transferred from cand on 3/5/2015.] Modified on 3/5/2015 (VLun).

Download PDF
1 2 3 4 NICHOLS KASTER, PLLP Matthew C. Helland (SBN 250451) helland@nka.com One Embarcadero Center, Suite 720 San Francisco, California 94111 Telephone: (415) 277-7235 Facsimile: (415) 277-7238 NICHOLS KASTER, PLLP Daniel C. Bryden (pro hac vice) dbryden@nka.com Megan D. Yelle (pro hac vice) myelle@nka.com 4600 IDS Center 80 South 8th Street Minneapolis, MN 55402 Telephone: (612) 256-3200 Facsimile: (612) 338-4878 5 6 7 Attorneys for Plaintiffs LASANDRA HILLSON, STEVEN BOHLER, and ASHLEY SCHMIDT, individually and as representatives of a class 8 9 10 11 12 SEYFARTH SHAW LLP Gerald L. Maatman, Jr. (pro hac vice) gmaatman@seyfarth.com Pamela Q. Devata (pro hac vice) pdevata@seyfarth.com 131 South Dearborn Street, Suite 2400 Chicago, Illinois 60603 Telephone: (312) 460-5882 Facsimile: (312) 460-7882 SEYFARTH SHAW LLP Laura J. Maechtlen (SBN 224923) lmaechtlen@seyfarth.com 560 Mission Street, 31st Floor San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 13 14 Attorneys for Defendant KELLY SERVICES, INC. 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 20 LASANDRA HILLSON, STEVEN BOHLER, and ASHLEY SCHMIDT, individually and as representatives of the class, 21 Plaintiffs, 19 22 23 24 v. KELLY SERVICES, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:14-cv-03256-VC STIPULATION AND [PROPOSED] ORDER TO TRANSFER VENUE TO THE EASTERN DISTRICT OF MICHIGAN Judge: Dept.: Honorable Vince Chhabria 4 First Amended Complaint Filed: August 19, 2014 25 26 27 28 1 STIPULATION TO TRANSFER CASE / CASE NO. 13:14-CV-03256-VC 1 2 STIPULATION Plaintiffs LaSandra Hillson, Steven Bohler, and Ashley Schmidt, and Defendant Kelly 3 Services, Inc., by their respective attorneys and pursuant to 28 U.S.C. § 1404(a) and L.R. 3-2(h), 4 hereby enter the following stipulation, which requests transfer of this action to the United States 5 District Court for the Eastern District of Michigan, Detroit Division. 6 Plaintiffs filed this action on July 18, 2014 in the Northern District of California. The 7 Parties now jointly stipulate as follows: (1) this case could have been brought in Eastern District 8 of Michigan, Detroit Division; (2) venue is proper in the Eastern District of Michigan, Detroit 9 Division; and (3) without Plaintiffs conceding the validity of any such clause or documents, 10 Defendant has produced documents including a forum selection clause that sets forth that 11 disputes between the parties must be litigated in the State of Michigan. Thus, the parties 12 stipulate that, under 28 U.S.C. § 1404(a) and L.R. 3-2(h), the Eastern District of Michigan, 13 Detroit Division, is the appropriate venue for this action, and that this action should be 14 transferred to that venue for the convenience of parties and witnesses and in the interests of 15 justice. The Case Management Conference currently scheduled for March 10, 2015 should be 16 taken off-calendar. 17 18 Accordingly, the parties have submitted contemporaneously herewith a [Proposed] Order transferring this action to the Eastern District of Michigan, Detroit Division. 19 20 Stipulated and respectfully submitted, DATED: March 2, 2015 NICHOLS KASTER, LLP 21 By: 22 23 24 /s/ Megan D. Yelle Megan D. Yelle (pro hac vice) Attorneys for Plaintiffs LASANDRA HILLSON, STEVEN BOHLER, and ASHLEY SCHMIDT, individually and as representatives of a class 25 26 27 28 2 STIPULATION TO TRANSFER CASE / CASE NO. 13:14-CV-03256-VC 1 DATED: March 2, 2015 SEYFARTH SHAW LLP 2 By: 3 4 5 /s/ Laura J. Maechtlen Gerald L. Maatman, Jr. (pro hac vice) Pamela Q. Devata (pro hac vice) Laura J. Maechtlen Attorneys for Defendant KELLY SERVICES, INC. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION TO TRANSFER CASE / CASE NO. 13:14-CV-03256-VC 1 [PROPOSED] ORDER TO TRANSFER VENUE TO THE EASTERN DISTRICT OF MICHIGAN 2 3 Currently before this Court is the parties’ Stipulation to Transfer Venue to the Eastern 4 District of Michigan, Detroit Division, pursuant to 28 U.S.C. § 1404(a) and L.R. 3-2(h). The 5 parties further stipulate that, under 28 U.S.C. § 1404(a) and L.R. 3-2(h), the Eastern District of 6 Michigan, Detroit Division, is the appropriate venue for this action, and that this action should be 7 transferred to that venue for the convenience of parties and witnesses and in the interests of 8 justice. 9 Based on this stipulation, this Court finds that, pursuant to 28 U.S.C. § 1404(a) and L.R. 10 3-2(h), this action should be transferred to the United States District Court for the Eastern 11 District of Michigan, Detroit Division. Accordingly, this Court ORDERS that this case be 12 transferred to the United States District Court for the Eastern District of Michigan, Detroit 13 Division. The Case Management Conference currently scheduled for March 10, 2015, is taken 14 off-calendar. 15 IT IS SO ORDERED. 16 17 18 Dated: March 3, 2015 ______________________________________ Hon. Vince Chhabria United States District Court Judge 19 20 21 22 23 24 25 26 27 28 4 STIPULATION TO TRANSFER CASE / CASE NO. 13:14-CV-03256-VC

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?