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Perez v. Performance Food Group, Inc.

United States District Court, N.D. California

June 22, 2016

JORGE PEREZ, on behalf of himself, all others similarly situated, and the general public, Plaintiff,
v.
PERFORMANCE FOOD GROUP, INC., a Colorado corporation; VISTAR TRANSPORTATION, LLC, a Delaware limited liability company; ROMA GOURMET FOOD ENTERPRISES OF CALIFORNIA, INC., a California corporation, and DOES 1-50, inclusive, Defendants.

         JOINT STIPULATION AND ORDER TO: 1. EXTEND MEDIATION COMPLETION DEADLINE 2. FURTHER MODIFY BRIEFING AND HEARING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS AND/OR STRIKE PLAINTIFF'S SECOND AMENDED COMPLAINT [DKT. #36] 3. FURTHER EXTEND TIME FOR SPECIALLY APPEARING DEFENDANT ROMA FOOD ENTERPRISES, INC. TO RESPOND TO SECOND AMENDED COMPLAINT

         

          HAYWOOD S. GILLIAM, Jr., District Judge.

         RECITALS

         Pleadings

         WHEREAS, on April 20, 2015, Plaintiff Jorge Perez ("Plaintiff") filed a Complaint against Performance Food Group, Inc. ("PFG"), Vistar Transportation, LLC ("Vistar") and Roma Gourmet Food Enterprises of California, Inc. in the Superior Court of the State of California in and for the County of Alameda (the "State Court Action") [Dkt. #1-1]; and

         WHEREAS, on May 18, 2015, Plaintiff filed an Amendment to Complaint in the State Court Action to substitute DOE 1 with Roma Food Enterprises, Inc. [Dkt. #1-7]; and

         WHEREAS, on May 29, 2016, Defendants PFG and Vistar removed the State Court Action to this United States District Court [Dkt. #1]; and

         WHEREAS, on June 11, 2015, Plaintiff filed a First Amended Complaint ("FAC") in this action [Dkt. #8]; and

         WHEREAS, on April 13, 2016, Plaintiff filed the operative Second Amended Complaint ("SAC") in this action [Dkt. #29]; and

         Mediation Completion Deadline

         WHEREAS, on April 26, 2016, the Court entered an Order Selecting ADR Process and adopted the parties' proposed mediation completion deadline of August 24, 2015 [Dkt. #34]; and

         WHEREAS, the parties have met and conferred and selected David Rotman to serve as the mediator in this case; and

         WHEREAS, the first date Mr. Rotman and the parties have available to attend a ...


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