UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 10, 2011
TROY KOOL, INDIVIDUALLY AND ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
TARGET CORPORATION, A MINNESOTA CORPORATION AND DOES 1-100, INCLUSIVE, DEFENDANTS.
STIPULATION AND ORDER CONTINUING (1) HEARING ON DEFENDANT'S MOTION TO DISMISS, STAY, OR TRANSFER AND (2) STATUS CONFERENCE PENDING MEDIATION
Plaintiff Troy Kool and defendant Target Corporation, acting through their respective counsel of record, hereby stipulate as follows:
1. Defendant's Motion to Dismiss, Stay, or Transfer This Action on Account of Previously-Filed Class Action; or Alternatively, to Transfer Venue Pursuant to 28 U.S.C. § 1404(a); or Alternatively, to Stay Action Pending Outcome of Brinker Restaurant Corp. v. Superior Court (the "Motion to Dismiss") (Docket No. 9) currently is scheduled to be heard by the Court on January 18, 2011, at 10:00 a.m.
2. A status conference currently is scheduled to be held in this action on January 24, 2011, at 2:00 p.m.
3. The parties to this action and the parties to the pending related action, Mesindo Pompa, individually and on behalf of all others similarly situated, Plaintiff v. Target Corporation, and Does 1 through 50, inclusive, Defendants, U.S.D.C., C.D. Cal., No. CV 10-0634 AHM (FFMx), have agreed to submit both actions to a private mediation to be held in March 2011.
4. The parties agree that to help facilitate the mediation and avoid what may become unnecessary time and expense for the parties and the Court, the hearing on defendant's Motion to Dismiss and the case management conference should be continued to dates after the mediation. In that regard, the parties propose that the hearing on defendant's Motion to Dismiss be continued to April 14, 2011, and the status conference be continued to April 25, 2011, with a joint status conference statement to be filed one week before.
5. Based on this stipulation, the parties respectfully request that the Court order the continuances as indicated above.
Dated: January 7, 2011.
GENE J. STONEBARGER RICHARD D. LAMBERT STONEBARGER LAW JAMES R. PATTERSON ALISA A. MARTIN HARRISON PATTERSON & O'CONNOR LLP By:/s/Richard D. Lambert Richard D. Lambert Attorneys for Plaintiff Troy Kool and the Proposed Class Dated: January 7, 2011. JEFFREY D. WOHL RISHI N. SHARMA JENNIFER L. ROTH PAUL, HASTINGS, JANOFSKY & WALKER LLP By:Jeffrey D. Wohl Jeffrey D. Wohl Attorneys for Defendant Target Corporation
On the stipulation of the parties, and good cause appearing therefor, IT IS ORDERED:
1. The hearing on defendant Target Corporation's Motion to Dismiss, Stay, or Transfer This Action on Account of Previously-Filed Class Action; or Alternatively, to Transfer Venue Pursuant to 28 U.S.C. § 1404(a); or Alternatively, to Stay Action Pending Outcome of Brinker Restaurant Corp. v. Superior Court (the "Motion to Dismiss") (Docket No. 9) be and hereby is continued to April 11, 2011, at 10:00 a.m.
2. The status conference be and hereby is continued to April 25, 2011, at 2:00 p.m., with a joint status conference statement to be filed one week before.
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