Opinion
Case No. C10-05786 EMC
10-11-2011
JACQUEL KIMBLE, individually and on behalf of all others similarly situated, Plaintiff, v. RHODES COLLEGE, INC., d/b/a EVEREST COLLEGE; RHODES BUSINESS GROUP, INC., d/b/a EVEREST COLLEGE; and CORINTHIAN COLLEGES, INC., Defendants
STANLEY • IOLA, LLP MATTHEW J. ZEVIN, SBN: 170736 Attorneys for Plaintiff, Jacquel Kimble KEESAL, YOUNG & LOGAN BEN SUTER, SBN: 107680 JAMES F. ALEXANDER, SBN: 258111 Attorneys for Defendants Rhodes Colleges, Inc., Rhodes Business Group, Inc., and Corinthian Colleges, Inc.
STANLEY • IOLA, LLP
MATTHEW J. ZEVIN, SBN: 170736
Attorneys for Plaintiff, Jacquel Kimble
KEESAL, YOUNG & LOGAN
BEN SUTER, SBN: 107680
JAMES F. ALEXANDER, SBN: 258111
Attorneys for Defendants Rhodes Colleges, Inc.,
Rhodes Business Group, Inc., and Corinthian
Colleges, Inc.
JOINT STIPULATION SEEKING CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND FILING OF JOINT CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER THEREON
DATE: October 25, 2011
TIME: 2:30 p.m.
JUDGE: Honorable Edward M. Chen
CTRM: 5
Pursuant to Civil Local Rules 6-1(b) and 6-2, it is hereby stipulated by and between Plaintiff Jacquel Kimble ("Plaintiff") and Defendants Rhodes Colleges, Inc., Rhodes Business Group, Inc., and Corinthian Colleges, Inc. (collectively "the School"), through their respective counsel, as follows:
WHEREAS, the Court on June 2, 2011 issued an Order Granting Defendants' Motion to Compel Arbitration (DKT No. 43) in which the Court determined that "the issue of arbitrability in this case is one for the arbitrator, and not the Court to decide" and further stayed this case pending arbitration; and
WHEREAS, the Court Clerk on June 2, 2011 issued a Notice (DKT No. 44) advising the parties that a Case Management Conference was set for October 21, 2011 and that a joint CMC statement was required to be filed by October 14, 2011; and
WHEREAS, the Court Clerk on October 11, 2011 issued a Notice (DKT No. 48) advising the parties that the Case Management Conference has been specially reset for October 25, 2011 and that the joint CMC statement is now required to be filed by October 18, 2011; and
WHEREAS, Plaintiff has not yet filed an action in arbitration but presently intends to do so in the near future; and
WHEREAS, the parties have met and conferred and agreed that they have nothing further to report to the Court; and
WHEREAS, the parties seek to promote judicial efficiency and avoid any potential for unnecessary or duplicative effort on the part of the Court or the parties; and
WHEREAS, pursuant to Civil Local Rule 6-1(b), an order of the Court is required to give effect to this stipulation;
NOW THEREFORE, the parties jointly request that the Court continue the Case Management Conference and deadline for filing a joint CMC statement by at least 180 days and to such date that is convenient for the Court.
SO STIPULATED.
STANLEY • IOLA, LLP
MATTHEW J. ZEVIN
MATTHEW J. ZEVIN
Attorneys for Plaintiff, Jacquel Kimble
KEESAL, YOUNG & LOGAN
BEN SUTER
JAMES F. ALEXANDER
signed per email authority received on October 11, 2011
JAMES F. ALEXANDER
Attorneys for Defendants Rhodes Colleges, Inc.,
Rhodes Business Group, Inc., and Corinthian
Colleges, Inc.
The CMC is reset from 10/25/11 to 4/27/12. A joint CMC statement shall be filed by 4/20/12.
IT IS SO ORDERED.
PROOF OF SERVICE
Jacquel Kimble v. Rhodes College, Inc., et al.
CASE NO.: C10-05786 EMC
I, the undersigned, declare under penalty of perjury that I am over the age of eighteen years and not a party to this action. I am employed in the County of San Diego, State of California. My business address is: 525 B Street, Suite 760, San Diego, CA 92101.
That on October 11, 2011, I served the following document(s) entitled: JOINT STIPULATION SEEKING CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND FILING OF JOINT CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER THEREON on ALL INTERESTED PARTIES in this action:
Julie E. Johnson
Law Office of Julie Johnson PLLC
7557 Rambler Road, Suite 950
Dallas, TX 75231
Marc R. Stanley
Stanley Iola LLP
3100 Monticello Avenue, Suite 750
Dallas, TX 75205
[×] BY MAIL: By placing a true copy thereof in a sealed envelope addressed as above, and placing it for collection and mailing following ordinary business practices. I am readily familiar with the firm's practice of collection and processing correspondence, pleadings, and other matters for mailing with the United States Postal Service. The correspondence, pleadings and other matters are deposited with the United States Postal Service with postage thereon fully prepaid in San Diego, California, on the same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.
[×] BY CM/ECF Electronic Service: I caused such document to be served via the Court's (NEF) electronic filing system on all registered parties.
[] BY PERSONAL SERVICE: I had such envelope delivered by hand where indicated.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on October 11, 2011, at San Diego, California.
MATTHEW J. ZEVIN