Opinion
Case No. CV 12-05199 LHK (HRL)
03-19-2013
JOHN BARRERA, JR. Plaintiff, v. THE HOME DEPOT U.S.A., INC., and DOES 1 through 10, inclusive, Defendants.
WILLIAM L. MARDER, State Bar No. 170131 Polaris Law Group L.L.P. LARRY W. LEE, State Bar No. 228175 Diversity Law Group, P.C. Attorneys for Plaintiff JOHN BARRERA, JR. GREGORY C. CHENG, State Bar No. 226865 KRYSTAL N. LOPILATO, State Bar No. 263320 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC. Attorneys for Defendant HOME DEPOT U.S.A., INC.
WILLIAM L. MARDER, State Bar No. 170131
Polaris Law Group L.L.P.
LARRY W. LEE, State Bar No. 228175
Diversity Law Group, P.C.
Attorneys for Plaintiff
JOHN BARRERA, JR.
GREGORY C. CHENG, State Bar No. 226865
KRYSTAL N. LOPILATO, State Bar No. 263320
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC.
Attorneys for Defendant
HOME DEPOT U.S.A., INC.
STIPULATION TO CONTINUE
MEDIATION COMPLETION DEADLINE
AND [PROPOSED] ORDER
Action Filed: September 4, 2012
Trial Date: March 17, 2014
Plaintiff John Barrera, Jr. ("Plaintiff") and Defendant Home Depot U.S.A., Inc. ("Defendant") (collectively, the "Parties"), by and through undersigned counsel, jointly stipulate and agree as follows:
1. Plaintiff's Complaint alleges claims for (1) violation of the California Family Rights Act ("CFRA"); (2) retaliation in violation of the CFRA; (3) retaliation in violation of the Fair Employment and Housing Act ("FEHA"); (4) violation of Labor Code section 203; and (5) penalties pursuant to the California Private Attorney General Act of 2004 ("PAGA");
2. On February 6, 2013, at the Initial Case Management Conference, the Court issued a Minute Order and Case Management Order, referring the Parties to Court mediation and setting a deadline for mediation as 120 days from the date of the Order;
3. On February 13, 2013, Plaintiff filed a Notice of Motion and Motion For Leave To File First Amended Complaint (the "Motion") with this Court. In essence, Plaintiff seeks to amend the Complaint to add class action allegations. The hearing date set for the Motion was and is June 20, 2013;
4. The deadline set by the Court for mediation currently falls on June 6, 2013, which is before the hearing on Plaintiff's Motion; and
5. The Parties agree that the outcome of Plaintiff's Motion has the potential to impact the scope of any potential resolution. As such, the Parties will not be in a position to mediate the instant lawsuit until Plaintiff's Motion is ruled upon. The Parties agree that good cause exists to postpone the mediation until after the hearing on Plaintiff's Motion.
In consideration of the above, the Parties agree and stipulate for an Order to modify the Court's Case Management Order and continue the mediation completion date from June 6, 2013 to July 20, 2013.
DIVERSITY LAW GROUP, P.C.
By: ______________________
LARRY W. LEE
Attorneys for Plaintiff
John Barrera, Jr.
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
By: ______________________
GREGORY C. CHENG
KRYSTAL N. LOPILATO
Attorneys for Defendant
HOME DEPOT U.S.A., INC.
[PROPOSED] ORDER
GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that the Case Management Order is modified to continue the mediation cut-off date from June 6, 2013 to July 20, 2013.
IT IS SO ORDERED.
______________________
HONORABLE LUCY H. KOH
UNITED STATES DISTRICT JUDGE