Perez v. Performance Food Group, Inc. et al

Northern District of California, cand-4:2015-cv-02390

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{41}} Stipulation to Extend Mediation Completion; Modify Briefing and Hearing Schedule; Extend Time to Respond to Complaint re {{36}} MOTION to Dismiss.

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1 SETAREH LAW GROUP Shaun Setareh, Esq. (SBN 204514) 2 Email: shaun@setarehlaw.com Thomas Segal, Esq. (SBN 222791) 3 Email: thomas@setarehlaw.com 9454 Wilshire Blvd., Suite 907 4 Beverly Hills, CA 90212 Tel: (310) 888-7771 5 Fax: (310) 888-0109 6 Attorneys for Plaintiff JORGE PEREZ 7 MCGUIREWOODS LLP Matthew C. Kane, Esq. (SBN 171829) 8 Email: mkane@mcguirewoods.com Sabrina A. Beldner, Esq. (SBN 221918) 9 Email: sbeldner@mcguirewoods.com Sylvia J. Kim, Esq. (SBN 258363) 10 Email: skim@mcguirewoods.com 1800 Century Park East, 8th Floor 11 Los Angeles, CA 90067 Tel: (310) 315-8200 12 Fax: (310) 315-8210 13 Attorneys for Defendants PERFORMANCE FOOD GROUP, INC. and VISTAR TRANSPORTATION, LLC 14 and Specially Appearing Defendant ROMA FOOD ENTERPRISES, INC. 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 JORGE PEREZ, on behalf of himself, all CASE NO. 3:15-cv-02390-HSG 18 others similarly situated, and the general public, JOINT STIPULATION AND ORDER TO: 19 Plaintiff, 1. EXTEND MEDIATION COMPLETION 20 DEADLINE vs. 21 2. FURTHER MODIFY BRIEFING AND PERFORMANCE FOOD GROUP, INC., a HEARING SCHEDULE ON 22 DEFENDANTS' MOTION TO DISMISS Colorado corporation; VISTAR AND/OR STRIKE PLAINTIFF'S 23 TRANSPORTATION, LLC, a Delaware SECOND AMENDED COMPLAINT limited liability company; ROMA GOURMET [DKT. #36] 24 FOOD ENTERPRISES OF CALIFORNIA, INC., a California corporation, and DOES 1- 3. FURTHER EXTEND TIME FOR 25 50, inclusive, SPECIALLY APPEARING DEFENDANT ROMA FOOD 26 ENTERPRISES, INC. TO RESPOND TO Defendants. SECOND AMENDED COMPLAINT 27 28 JOINT STIPULATION TO (1) EXTEND MEDIATION COMPLETION DEADLINE; (2) EXTEND SPECIALLY APPEARING DEFENDANT ROMA FOOD ENTERPRISES, INC.'S RESPONSE DEADLINE; AND (3) MODIFY BRIEFING SCHEDULE ON MOTION TO DISMISS OR STRIKE SAC 1 RECITALS 2 3 Pleadings 4 5 WHEREAS, on April 20, 2015, Plaintiff Jorge Perez ("Plaintiff") filed a Complaint against 6 Performance Food Group, Inc. ("PFG"), Vistar Transportation, LLC ("Vistar") and Roma 7 Gourmet Food Enterprises of California, Inc. in the Superior Court of the State of California in 8 and for the County of Alameda (the "State Court Action") [Dkt. #1-1]; and 9 10 WHEREAS, on May 18, 2015, Plaintiff filed an Amendment to Complaint in the State 11 Court Action to substitute DOE 1 with Roma Food Enterprises, Inc. [Dkt. #1-7]; and 12 13 WHEREAS, on May 29, 2016, Defendants PFG and Vistar removed the State Court 14 Action to this United States District Court [Dkt. #1]; and 15 16 WHEREAS, on June 11, 2015, Plaintiff filed a First Amended Complaint ("FAC") in this 17 action [Dkt. #8]; and 18 19 WHEREAS, on April 13, 2016, Plaintiff filed the operative Second Amended Complaint 20 ("SAC") in this action [Dkt. #29]; and 21 22 Mediation Completion Deadline 23 24 WHEREAS, on April 26, 2016, the Court entered an Order Selecting ADR Process and 25 adopted the parties' proposed mediation completion deadline of August 24, 2015 [Dkt. #34]; and 26 27 WHEREAS, the parties have met and conferred and selected David Rotman to serve as the 28 mediator in this case; and 79507723.1 2 JOINT STIPULATION TO (1) EXTEND MEDIATION COMPLETION DEADLINE; (2) EXTEND SPECIALLY APPEARING DEFENDANT ROMA FOOD ENTERPRISES, INC.'S RESPONSE DEADLINE; AND (3) MODIFY BRIEFING SCHEDULE ON MOTION TO DISMISS OR STRIKE SAC 1 2 WHEREAS, the first date Mr. Rotman and the parties have available to attend a mediation 3 is September 19, 2016; and 4 5 Briefing Schedule on Motion to Dismiss SAC 6 7 WHEREAS, on May 11, 2016, Defendants PFG and Vistar filed a Motion to Dismiss 8 and/or Strike Plaintiff's Second Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6) and/or 9 12(f) (the "Motion to Dismiss"), which is set to be heard on August 25, 2016 (Dkt. #36); 10 11 WHEREAS, on May 24, 2016, PFG, Vistar and Plaintiff filed a Joint Stipulation to 12 Continue Briefing Schedule on Defendants' Motion to Dismiss and/or Strike Plaintiff's SAC [Dkt. 13 #37] (the "Stipulation to Continue Briefing Schedule"); and 14 15 WHEREAS, on May 25, 2016, the Court approved the Stipulation to Continue Briefing 16 Schedule and extended the deadline for Plaintiff to file his Opposition to Defendants' Motion to 17 Dismiss to June 8, 2016 and extended the deadline for Defendants PFG and Vistar to file their 18 Reply in support of the Motion to Dismiss to July 13, 2016 [Dkt. #39]; and 19 20 Roma Food Enterprises, Inc.'s Deadline to Respond to SAC 21 22 WHEREAS, on May 10, 2016, Plaintiff had a process server deliver to Defendant PFG's 23 agent for service of process in Denver, Colorado a state court Summons and copies of the 24 Complaint, FAC and SAC ostensibly to effectuate service on "Roma Food Enterprises, Inc."; and 25 26 WHEREAS, pursuant to Fed. R. Civ. P. 12(a)(1)(A)(i) and the Affidavit of Service [Dkt. 27 #37], specially appearing Defendant Roma Food Enterprises, Inc.'s deadline to respond to 28 Plaintiff's SAC or otherwise move to quash service of process and/or to dismiss for defective 79507723.1 3 JOINT STIPULATION TO (1) EXTEND MEDIATION COMPLETION DEADLINE; (2) EXTEND SPECIALLY APPEARING DEFENDANT ROMA FOOD ENTERPRISES, INC.'S RESPONSE DEADLINE; AND (3) MODIFY BRIEFING SCHEDULE ON MOTION TO DISMISS OR STRIKE SAC 1 service was May 31, 2016; and 2 3 WHEREAS, on May 31, 2016, pursuant to Local Rule 6-1, the parties filed a Joint 4 Stipulation to Extend Time for Specially Appearing Defendant Roma Food Enterprises, Inc. to 5 Respond to SAC By 21 Days to and including June 21, 2016 (the "Roma Stipulation") [Dkt. #40]; 6 and 7 8 WHEREAS, the parties wish to preserve the resources of the Court and the parties and to 9 complete mediation prior to engaging in further motion practice related to the Motion to Dismiss 10 and specially appearing Defendant Roma Food Enterprises, Inc.'s contemplated motion to quash 11 service of process and/or to dismiss for defective service and, therefore, agree and are stipulating 12 herein, subject to the Court's approval, to: 13 14 (1) Extend the mediation completion deadline from August 24, 2016 to September 30, 15 2016; and 16 17 (2) Further modify the briefing and hearing schedule on the pending Motion to Dismiss 18 such that (a) Plaintiff's Opposition thereto is due on October 10, 2016; (b) 19 Defendants' Reply in support thereof is due on October 17, 2016; and (c) the 20 hearing on the Motion to Dismiss is continued to November 3, 2016; and 21 22 (3) Further extend the time for specially appearing Defendant Roma Food Enterprises, 23 Inc. to answer or otherwise serve and file any motions or other pleadings 24 responsive to Plaintiff's SAC, including without limitation a motion to quash 25 service of process and/or to dismiss for defective service, to October 10, 2016. 26 27 28 79507723.1 4 JOINT STIPULATION TO (1) EXTEND MEDIATION COMPLETION DEADLINE; (2) EXTEND SPECIALLY APPEARING DEFENDANT ROMA FOOD ENTERPRISES, INC.'S RESPONSE DEADLINE; AND (3) MODIFY BRIEFING SCHEDULE ON MOTION TO DISMISS OR STRIKE SAC 1 STIPULATION 2 3 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between 4 Plaintiff and Defendants PFG and Vistar and specially appearing Defendant Roma Food 5 Enterprises, Inc., through their respective undersigned counsel, that: 6 7 1. The mediation completion deadline be extended from August 24, 2016 to 8 September 30, 2016; and 9 10 2. The deadline for Plaintiff to file his Opposition to Defendants' Motion to Dismiss 11 be extended from June 8, 2016 to and including October 10, 2016; and 12 13 3. The deadline for Defendants PFG and Vistar to file their Reply in support of the 14 Motion to Dismiss be extended from July 13, 2016 to and including October 17, 15 2016; and 16 17 4. The hearing on the Motion to Dismiss be continued from August 25, 2016 to 18 November 3, 2016; and 19 20 5. Specially appearing Defendant Roma Food Enterprises, Inc.'s time within which to 21 answer or otherwise serve and file any motions or other pleadings responsive to 22 Plaintiff's SAC in this action, including without limitation a motion to quash 23 service of process and/or to dismiss for defective service, be extended from June 24 21, 2016 to and including October 10, 2016; and 25 26 6. By entering into this Stipulation, the parties do not waive and expressly reserves all 27 claims, defenses and challenges to this action, including without limitation those of 28 specially appearing Defendant Roma Food Enterprises, Inc. set forth in Paragraph 79507723.1 5 JOINT STIPULATION TO (1) EXTEND MEDIATION COMPLETION DEADLINE; (2) EXTEND SPECIALLY APPEARING DEFENDANT ROMA FOOD ENTERPRISES, INC.'S RESPONSE DEADLINE; AND (3) MODIFY BRIEFING SCHEDULE ON MOTION TO DISMISS OR STRIKE SAC 1 5, above. 2 IT IS SO STIPULATED AND AGREED. 3 4 DATED: SETAREH LAW GROUP 5 6 By: /s/ Shaun Setareh Shaun Setareh, Esq. 7 Thomas Segal, Esq. 8 Attorneys for Plaintiff JORGE PEREZ 9 10 DATED: MCGUIREWOODS LLP 11 12 By: /s/ Sylvia Kim 13 Matthew C. Kane, Esq. Sabrina A. Beldner, Esq. Sylvia J. Kim, Esq. 14 15 Attorneys for Defendants PERFORMANCE FOOD GROUP, INC. and VISTAR 16 TRANSPORTATION, LLC and Specially Appearing Defendant ROMA FOOD 17 ENTERPRISES, INC. 18 19 I attest that all signatories listed above, and on whose behalf this Stipulation is submitted, have concurred in and authorized the filing of the Stipulation. 20 21 /s/ Shaun Setareh 22 ORDER 23 24 PURSUANT TO STIPULATION, IT IS SO ORDERED. 25 26 DATE: June 22, 2016 __________________________________________ 27 HON. HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT JUDGE 28 79507723.1 6 JOINT STIPULATION TO (1) EXTEND MEDIATION COMPLETION DEADLINE; (2) EXTEND SPECIALLY APPEARING DEFENDANT ROMA FOOD ENTERPRISES, INC.'S RESPONSE DEADLINE; AND (3) MODIFY BRIEFING SCHEDULE ON MOTION TO DISMISS OR STRIKE SAC