Jeff Jonah v. Kimberly-Clark Corporation et al

Northern District of California, cand-4:2015-cv-03243

STIPULATION WITH PROPOSED ORDER STAYING ACTION PENDING APPEAL OF RELATED CASE filed by Kimberly-Clark Corporation, Kimberly-Clark Global Sales, LLC., Kimberly-Clark Worldwide, Inc.

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Case4: 15-cv-03243-PJH Document29 Filedo9/15/15 Pagel of 5 Amy P. Lally, SBN 198555 alaliy@sidley.com Darlene M. Čho, SBN 251167 dcho@sidley.com SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 Los Angeles, California 90013. Telephone: (213) 896-6000 Facsimile: (213) 896-6600 O 00 N. O. U A w N Attorneys for Defendants KIMBERLY-CLARK CORPORATION; KIMBERLY-CLARK GLOBAL SALES, LLC; and KIMBERLY-CLARK WORLDWIDE, INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Case No. 15-cv-03243-PJH JEFF JONAH, an individual, on behalf of himself, the general public and those similarly situated, Assigned to: Hon. Phyllis J. Hamilton Lummummamen Plaintiff, JOINT STIPULATION TO STAY ACTION PENDING APPEAL OF RELATED CASE • °? = S +-" o a 5 & a & 3 a & KIMBERLY-CLARK CORPORATION; KIMBERLY-CLARK WORLDWIDE, INC.; KIMBERLY-CLARK GLOBAL SALES LLC; and DOES 1 through 50 Defendants. Complaint Filed: June 9, 2015 Trial Date: None Set JOINT STIPULATION TO STAY ACTION PENDING APPEAL OF RELATED CASE CASE NO. 15-CV-03243-PJH Case4: 15-cv-03243-PJH Document29 Filed09/15/15 Page2 of 5-0 0 0 N O Un P w N – This stipulation is entered into by Defendants Kimberly-Clark Corporation, Kimberly Clark Global Sales, LLC and Kimberly-Clark Worldwide, Inc. (" Defendants " or " Kimberly-Clark ") and Plaintiff Jeff Jonah (" Plaintiff " or " Jonah' ") (collectively, the " Parties "), by and through their respective counsel, with reference to the following facts and recitals: A. On June 9, 2015, Plaintiff commenced this action by filing a complaint in the Superior Court of San Mateo County; B. On July 13, 2015, defendants Kimberly Clark Global Sales, LLC and Kimberly-Clark Worldwide, Inc. removed this action to federal court (Doc. No. 1); C. On July 20, 2015, defendants Kimberly Clark Global Sales, LLC and Kimberly-Clark Worldwide, Inc. filed a motion to dismiss and strike certain allegations in the complaint filed by Plaintiff, or in the alternative, to stay the action pending the appeal in Davidson v. Kimberly-Clark Corporation, et al., case number 14-cv-1783-PJH (the " Davidson Action ") (the " Initial Motion ") (Doc. No. 12); D. On July 23, 2015, this action was deemed related to the Davidson Action and assigned to the Honorable Phyllis J. Hamilton pursuant to Local Rules 3-12 and 7-11 (Doc. No. 16); E. On August 3, 2015, Plaintiff responded to the Initial Motion by filing an amended complaint (Doc. No. 24) pursuant to Fed. R. Civ. P. 15 (4) (1) (B); F. On September 2, 2015, Defendants filed their Motion to Dismiss and Strike the Amended Complaint, or, in the Alternative, Motion for Stay and Request for Judicial Notice (Doc. Nos. 27, 28); G. Plaintiff agrees with Defendants that it is the interests of efficiency, judicial economy, and conserving the Parties' resources to stay of this action in its entirety, including with respect to any discovery in this matter, pending a ruling from the Ninth Circuit in the related Davidson Action, provided that the Parties reserve their rights to apply to the Court to lift the stay for good cause shown; NOW, THEREFORE: JOINT STIPULATION TO STAY ACTION PENDING APPEAL OF RELATED CASE, CASE NO. 15-CV-03243-PJH Case4: 15-cv-03243-PJH Document29 Filed09/15/15 Page3 of 5. Muumimamim O 0 N O P w. N – 1. The Parties hereby respectfully request that the Court vacate all current deadlines, hearing dates, and court conferences and stay this action in its entirety, including with respect to any discovery in this matter pending a ruling from the Ninth Circuit in the Davidson Action; 2. The Parties agree that the pending motion to dismiss and request for judicial notice (Doc. Nos. 27, 28) shall be deemed withdrawn without prejudice to Defendants' right to file it or any other motion or a responsive pleading in response to Plaintiff's Amended Complaint following a ruling by the Ninth Circuit in the Davidson Action. The Parties further agree that nothing in this stipulation or stay shall prejudice Plaintiff's right to respond to any such motion or responsive pleading or to seek to further amend his Complaint. 3. Upon ruling by the Ninth Circuit in the Davidson Action, the Parties shall meet and confer as to the impact of that ruling and as to the Parties' proposed going-forward plan. 4. Any Party shall have the right to move the Court to lift the stay for good cause. 5. Should the Court not approve this stipulation to stay, Plaintiff shall have two weeks from the order denying such approval to respond to the pending motion (Doc. Nos. 27, 28), and the hearing date shall be continued accordingly. Dated: September 15, 2015 SIDLEY AUSTIN LLP Amy P. Lally Darlene M. Cho 11 12 By:/s/Amy P. Lally Amy P. Lally Attorneys for Defendants Kimberly-Clark Corporation, Kimberly-Clark Global Sales LLC and Kimberly-Clark Worldwide, Inc. " " & a & & & & & A & Dated: September 15, 2015 GUTRIDE SAFIER LLP Adam Gutride Kristen Simplicio By:/s/Adam Gutride Adam Gutride Attorneys for Plaintiff Jeff Jonah 2 JOINT STIPULATION TO STAY ACTION PENDING APPEAL OF RELATED CASE CASE NO. 15-CV-03243-PJH Case4: 15-cv-03243-PJH. Document29 Filedo9/15/15 Page4 of 5 ATTESTATION OF E-FILER I, Amy P. Lally, in compliance with Local Rule 5-1 (1), the undersigned ECF user whose identification and password are being used to file this document, hereby attests that all signatories have concurred in the filing of this document. Dated: September 15, 2015 By:/s/Amy P. Lally Amy P. Lally JOINT STIPULATION TO STAY ACTION PENDING APPEAL OF RELATED CASE CASE NO. 15-CV-03243-PJH Case4: 15-cv-03243-PJH Document29 Filed09/15/15 Page5 of 5 PROOF OF SERVICE Jonah v. Kimberly-Clark Corporation 0 0 00 y a un w N – United States District Court, for the Northern District of California, Case No. 15-cy-03243-PJH I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Sidley Austin LLP, 555 West Fifth Street, Suite 4000, Los Angeles, California 90013. On September 15, 2015, I served the foregoing document(s) described as: JOINT STIPULATION TO STAY ACTION PENDING APPEAL OF RELATED CASE on the persons indicated below who have not registered as ECF users in this action: Stuart E. Scott Attorneys for Plaintiff, JEFF JONAH, in SPANGENBERG SHIBLEY & LIEBER LLP Jonah v. Kimberly-Clark Corporation, et al., 1001 Lakeside Avenue East, Suite 1700 Case No. 4: 15-cv-03243 Cleveland, OH 44114 T: 216-696-3232 F: 216-696-3924 E: sscott@spanglaw.com 14 (VIA U. S. MAIL) I served the foregoing document(s) by U. S. Mail, as follows: I placed true copies of the document(s) in a sealed envelope addressed to each interested party as shown above. I placed each such envelope with postage thereon fully prepaid, for collection and mailing at Sidley Austin LLP, Los Angeles, California. I am readily familiar with Sidley Austin LLP's practice for collection and processing of correspondence for mailing with the United States Postal Service. Under that practice, the correspondence would be deposited in the United States Postal Service on that same day in the ordinary course of business. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 15, 2015, at Los Angeles, California. " "-" & a & 1 & & & & Mirna Thompson PROOF OF SERVICE