Opinion
MATTHEW RIGHETTI, JOHN GLUGOSKI, MICHAEL RIGHETTI, RIGHETTI GLUGOSKI, P.C. San Francisco, California, Attorneys for Plaintiff Tom Bauser.
JEFFREY D. WOHL, RISHI N. SHARMA, PETER A. COOPER, PAUL HASTINGS LLP, San Francisco, California Attorneys for Defendant Rite Aid Corporation.
AMENDED STIPULATION TO CONTINUE MOTION TO STAY HEARING AND BRIEFING DEADLINES
JOHN A. MENDEZ, District Judge.
Plaintiff Tom Bauser and defendant Rite Aid Corporation ("Rite Aid"), acting through their respective counsel of record, hereby stipulate as follows:
1. On March 4, 2015, Rite Aid moved to stay this action pending Romero v. Rite Aid Corp., U.S.D.C., C.D. Cal., No. CV 13-7720-MWF (JEMx) (" Romero "), a putative class action in which the plaintiff alleges that Rite Aid misclassified salaried Store Managers as exempt from the overtime pay and related requirements of California law. Rite Aid contends that, because the plaintiff and the putative class in Romero are represented by the same counsel who represent plaintiff in this action and plaintiff is a putative class member in Romero, the Court here should stay these proceedings as an effective case management tool under its inherent discretionary authority. See Landis v. North American Co., 299 U.S. 248, 254-55 (1936). ( See ECF 20.)
2. The parties are discussing the scope of the putative class claims in Romero, which may impact Rite Aid's motion to stay in this action. As such, the parties wish to avoid the cost and expense of litigating the motion to stay pending developments in Romero.
3. Accordingly, the parties respectfully request that the Court: (1) continue the hearing on Rite Aid's motion to stay this action and the six related actions from April 8, 2015, to April 22, 2015, or to the first date available for the Court; and (2) reset the deadlines for plaintiff's opposition to and Rite Aid's reply in support of the motion to stay to 14 and seven days, respectively, before the continued hearing on Rite Aid's motion to stay.
4. By entering into this stipulation, the parties waive no position that they have taken or could have taken with respect to Rite Aid's motion to stay.
ORDER CONTINUING MOTION TO STAY HEARING AND BRIEFING DEADLINES
On the stipulation of the parties, and good cause appearing therefor,
IT IS ORDERED that the April 8, 2015, hearing on the motion to stay this action pending Romero v. Rite Aid Corp., U.S.D.C., C.D. Cal., No. CV 13-7720-MWF (JEMx), is continued from April 8, 2015, to April 22, 2015.
IT IS FURTHER ORDERED that the deadlines for the opposition to and reply in support of the motion to stay are reset to 14 and seven days, respectively, before the continued hearing date.