Preview
1 Alejandro P. Gutierrez, SBN 107688
agutierrez@hathawaylawfirm. com
2 HATHAWAY, PERRETT, WEBSTER, POWERS,
CHRISMAN & GUTIERREZ, APC
3 5450 Telegraph Road, Suite 200
Ventura, CA 93006-3577
4 Telephone: (805) 644-7111
Facsimile: (805) 644-8296
5
Daniel J. Palay, SBN 159348
6 djp(^calemplovmentcounsel. com
Brian D. Hefelfinger, SBN 253054
7 bdh(^calemploymentcounsel.com
PALAY HEFELFINGER, APC
8 1746 S. Victoria Avenue, Suite 230
Ventura, Califomia 93001
9 Tel: (805) 628-8220
Fax: (805) 765-8600
10
Attorneys for Plaintiffs JOHN BOUDREAU
II and the Putative Class
12
ADDITIONAL COUNSEL LISTED ON FOLLOWING PAGE
13
14 SUPERIOR COURT OF THE STATE OF CALIFORNIA
15 FOR THE COUNTY OF SACRAMENTO (UNLIMITED)
16
17 JOHN BOUDREAU, an individual, on behalf of CASE NO.: 34-2018-00247272
himself and all others similarly situated.
18 Complaint filed: Dec. 27,2018
Plaintiffs,
19 STIPULATION AND
vs.
20 ORDER TO FURTHER CONTINUE
PRIMERITUS FINANCIAL SERVICES, INC., a MOTION CUTOFF AND RELATED
21 Delaware Corporation; CHRIS MCGFNNESS, an DATES
individual; and DOES 1 through 10, inclusive.
22
Defendants.
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3?^
1
STIPULATION AND |PROPOSED] ORDER TO FURTHER CONTINUE MOTION AND HEARING DEADLINES
1 KEITH A. JACOBY, Bar No. 150233
kiacobv@httler.com
2 BRADLEY E. SCHWAN, Bar No. 246457
bschwan@littler.com
3 LITTLER MENDELSON, P.C.
2049 Century Park East
4 5tii Floor
^ Los Angeles, CA 90067.3107
^ Telephone: 310.553.0308
^ Fax No.: 310.553.5583
o
- NATHANIEL H. JENKINS, Bar No. 312067
nienkins@littler.com
5 LITTLER MENDELSON, P.C.
^ 500 Capitol Mall
Suite 2000
9 Sacramento, CA 95814
.f. Telephone: 916.830.7200
Fax No.: 916.561.0828
^^ Attomeys for Defendant
12 PRIMERITUS FINANCIAL SERVICES, INC.
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STIPULATION ANTJ [PROPOSED] ORDER TO FURTHER CONTINUE MOTION AND HEARING DEADLINES
1 SUBJECT TO THE APPROVAL OF THE COURT, the Parties, by and through their respective
2 counsel of record, enter into this stipulation and request that the Court issue an order as follows:
3 I. RECITALS
4 WHEREAS, on January 31,2020, the Hon. Judge David De Alba signed an Order which set the
5 following dates:
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DOCUMENTS/HEARINGS DUE DATE
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8 Plaintiffs and Defendant's Motions April 15, 2020
for Summary Adjudication
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Oppositions due May 15, 2020
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11 Replies due June 5, 2020
12 Hearing on Plaintiffs and Defendant's June 22, 2020 or the Court's next available
13 Motions for Summary Adjudication hearing date thereafter.
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15 . WHEREAS, on March 19, 2020, Califomia Chief Justice Tani Cantil-Sakauye suspended all
16 jury trials across the state for 60 days, and ordered that all superior courts are authorized to adopt any
17 proposed mles or mIe amendment that is intended to address the impact of the COVID-19 pandemic to
18 take effect immediately;
19 WHEREAS, on March 17, 2020, the Honorable Russell L. Hom, Presiding Judge of the
20 Sacramento Superior Court, issued an Implementation Order that declared March 18,2020 to April 16,
21 2020 a cotut holiday for the purposes of computing time under Code of Civil Procedure sections 12 and
22 12a, and ordered that all courtrooms will remain closed for judicial business, except for circumstances
23 not relevant herein;
24 WHEREAS, the Parties have experienced dismptions in normal business operations caused by
25 COVID-19 and applicable shelter-in-place orders, including impacts on all counsel's staffing and ability
26 to communicate with one another and their clients, percipient vvatness availability, among other issues;
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STIPULATION AND [PROPOSED] ORDER TO FURTHER CONTINUE MOTION AND HEARING DEADLINES
1 WHEREAS, on April 10, 2020, the Parties, through counsel, met and conferred and agreed that
2 extending certain litigation dates, including dates for filing and hearings on the cross motions for
3 summary adjudication, including the corresponding opposition and reply deadlines, as well as
4 continuing the current hearing date on such cross-motions, was necessary; and filed a Stipulation to
5 continue the dates as follows:
6
DOCUMENTS/HEARINGS DUE DATES
7
Plaintiffs and Defendant's Motions for June 1,2020
8 Summary Adjudication
Oppositions due June 30, 2020
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10 Replies due July 21, 2020
11 Hearing on Plaintiffs and Defendant's August 3, 2020 or the Court's next
Motions for Summary Adjudication available hearing date thereafter
12
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WHEREAS, given die Court closure due to the COVID-19 pandemic, the Court did not accept
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the above-referenced Stipulation for filing until the Court's limited reopening on May 6, 2020, and has
15
not yet entered in Order approving the Stipulation;
16
WHEREAS, on May 14, 2020, the Parties, through counsel, further met and conferred and
17 agreed that further extending certain litigation dates, including dates for filing and hearings on the cross
18 motions for summary adjudication, including the corresponding opposition and reply deadlines, as well
19 as continuing the current hearing date on such cross-motions, is necessary;
20 STIPULATION
21 It is hereby stipulated and agreed, subject to the Court's approval, that the dates set forth in the
22 Court's Order of January 31, 2020, be continued as follows:
23
DOCUMENTS/HEARINGS DUE DATES
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25 Plaintiffs and Defendant's Motions for July 15,2020
Summary Adjudication
26 Oppositions due August 14, 2020
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28 STIPULATION AND [PROPOSED] ORDER TO FURTHER CONTTNTJE MOTION AND HEARING DEADLINES
Replies due September 4, 2020
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2 Hearing on Plaintiffs and Defendant's September 21, 2020 or the Court's next
Motions for Summary Adjudication available hearing date thereafter
3
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Dated: May 14,2020 HATHAWAY, PERRETT, WEBSTER, POWERS,
5 CHRISMAN «fe GUTIERREZ, A Professional Corporation
6
7 By:
Alejandro P. Gutierrez
8 Attomeys for Plaintiff John Boudreau and the Certified
Class
9 Dated: May 14, 2020
LITTLER MENDELSON, P.C.
10
11
12 By:
Keith A. Jacoby, Esq.
13 Bradley E. Schwan, Esq.
Nathaniel H. Jenkins, Esq.
14
Attomeys for Defendants
15 PRIMERITUS FINANCIAL SERVICES,
INC., A DELAWARE CORPORATION;
16 CHRIS MCGINNESS, AN INDFVIDUAL
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20
IPROPOSEDl ORDER
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IT IS SO ORDERED:
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Dated:
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dge, Sacramento County Superior Court
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STIPULATION AND [PROPOSED] ORDER TO FURTHER CONTEVUE MOTION AND HEARING DEADLINES
t"-. .'V . " , , r - -. ,. .
v C i V'u J
C.iV;L. DROP so:-:
"v
p'uFE.K\OR COURT '
^•^ •• - <•. K A U N T O r. 0 Li w r V
Preview
1 Alejandro P. Gutierrez, SBN 107688 agutierrez@hathawaylawfirm. com 2 HATHAWAY, PERRETT, WEBSTER, POWERS, CHRISMAN & GUTIERREZ, APC 3 5450 Telegraph Road, Suite 200 Ventura, CA 93006-3577 4 Telephone: (805) 644-7111 Facsimile: (805) 644-8296 5 Daniel J. Palay, SBN 159348 6 djp(^calemplovmentcounsel. com Brian D. Hefelfinger, SBN 253054 7 bdh(^calemploymentcounsel.com PALAY HEFELFINGER, APC 8 1746 S. Victoria Avenue, Suite 230 Ventura, Califomia 93001 9 Tel: (805) 628-8220 Fax: (805) 765-8600 10 Attorneys for Plaintiffs JOHN BOUDREAU II and the Putative Class 12 ADDITIONAL COUNSEL LISTED ON FOLLOWING PAGE 13 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 FOR THE COUNTY OF SACRAMENTO (UNLIMITED) 16 17 JOHN BOUDREAU, an individual, on behalf of CASE NO.: 34-2018-00247272 himself and all others similarly situated. 18 Complaint filed: Dec. 27,2018 Plaintiffs, 19 STIPULATION AND vs. 20 ORDER TO FURTHER CONTINUE PRIMERITUS FINANCIAL SERVICES, INC., a MOTION CUTOFF AND RELATED 21 Delaware Corporation; CHRIS MCGFNNESS, an DATES individual; and DOES 1 through 10, inclusive. 22 Defendants. 23 24 25 3?^ 1 STIPULATION AND |PROPOSED] ORDER TO FURTHER CONTINUE MOTION AND HEARING DEADLINES 1 KEITH A. JACOBY, Bar No. 150233 kiacobv@httler.com 2 BRADLEY E. SCHWAN, Bar No. 246457 bschwan@littler.com 3 LITTLER MENDELSON, P.C. 2049 Century Park East 4 5tii Floor ^ Los Angeles, CA 90067.3107 ^ Telephone: 310.553.0308 ^ Fax No.: 310.553.5583 o - NATHANIEL H. JENKINS, Bar No. 312067 nienkins@littler.com 5 LITTLER MENDELSON, P.C. ^ 500 Capitol Mall Suite 2000 9 Sacramento, CA 95814 .f. Telephone: 916.830.7200 Fax No.: 916.561.0828 ^^ Attomeys for Defendant 12 PRIMERITUS FINANCIAL SERVICES, INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION ANTJ [PROPOSED] ORDER TO FURTHER CONTINUE MOTION AND HEARING DEADLINES 1 SUBJECT TO THE APPROVAL OF THE COURT, the Parties, by and through their respective 2 counsel of record, enter into this stipulation and request that the Court issue an order as follows: 3 I. RECITALS 4 WHEREAS, on January 31,2020, the Hon. Judge David De Alba signed an Order which set the 5 following dates: 6 DOCUMENTS/HEARINGS DUE DATE 7 8 Plaintiffs and Defendant's Motions April 15, 2020 for Summary Adjudication 9 Oppositions due May 15, 2020 10 11 Replies due June 5, 2020 12 Hearing on Plaintiffs and Defendant's June 22, 2020 or the Court's next available 13 Motions for Summary Adjudication hearing date thereafter. 14 15 . WHEREAS, on March 19, 2020, Califomia Chief Justice Tani Cantil-Sakauye suspended all 16 jury trials across the state for 60 days, and ordered that all superior courts are authorized to adopt any 17 proposed mles or mIe amendment that is intended to address the impact of the COVID-19 pandemic to 18 take effect immediately; 19 WHEREAS, on March 17, 2020, the Honorable Russell L. Hom, Presiding Judge of the 20 Sacramento Superior Court, issued an Implementation Order that declared March 18,2020 to April 16, 21 2020 a cotut holiday for the purposes of computing time under Code of Civil Procedure sections 12 and 22 12a, and ordered that all courtrooms will remain closed for judicial business, except for circumstances 23 not relevant herein; 24 WHEREAS, the Parties have experienced dismptions in normal business operations caused by 25 COVID-19 and applicable shelter-in-place orders, including impacts on all counsel's staffing and ability 26 to communicate with one another and their clients, percipient vvatness availability, among other issues; 27 28 STIPULATION AND [PROPOSED] ORDER TO FURTHER CONTINUE MOTION AND HEARING DEADLINES 1 WHEREAS, on April 10, 2020, the Parties, through counsel, met and conferred and agreed that 2 extending certain litigation dates, including dates for filing and hearings on the cross motions for 3 summary adjudication, including the corresponding opposition and reply deadlines, as well as 4 continuing the current hearing date on such cross-motions, was necessary; and filed a Stipulation to 5 continue the dates as follows: 6 DOCUMENTS/HEARINGS DUE DATES 7 Plaintiffs and Defendant's Motions for June 1,2020 8 Summary Adjudication Oppositions due June 30, 2020 9 10 Replies due July 21, 2020 11 Hearing on Plaintiffs and Defendant's August 3, 2020 or the Court's next Motions for Summary Adjudication available hearing date thereafter 12 13 WHEREAS, given die Court closure due to the COVID-19 pandemic, the Court did not accept 14 the above-referenced Stipulation for filing until the Court's limited reopening on May 6, 2020, and has 15 not yet entered in Order approving the Stipulation; 16 WHEREAS, on May 14, 2020, the Parties, through counsel, further met and conferred and 17 agreed that further extending certain litigation dates, including dates for filing and hearings on the cross 18 motions for summary adjudication, including the corresponding opposition and reply deadlines, as well 19 as continuing the current hearing date on such cross-motions, is necessary; 20 STIPULATION 21 It is hereby stipulated and agreed, subject to the Court's approval, that the dates set forth in the 22 Court's Order of January 31, 2020, be continued as follows: 23 DOCUMENTS/HEARINGS DUE DATES 24 25 Plaintiffs and Defendant's Motions for July 15,2020 Summary Adjudication 26 Oppositions due August 14, 2020 27 4 28 STIPULATION AND [PROPOSED] ORDER TO FURTHER CONTTNTJE MOTION AND HEARING DEADLINES Replies due September 4, 2020 1 2 Hearing on Plaintiffs and Defendant's September 21, 2020 or the Court's next Motions for Summary Adjudication available hearing date thereafter 3 4 Dated: May 14,2020 HATHAWAY, PERRETT, WEBSTER, POWERS, 5 CHRISMAN «fe GUTIERREZ, A Professional Corporation 6 7 By: Alejandro P. Gutierrez 8 Attomeys for Plaintiff John Boudreau and the Certified Class 9 Dated: May 14, 2020 LITTLER MENDELSON, P.C. 10 11 12 By: Keith A. Jacoby, Esq. 13 Bradley E. Schwan, Esq. Nathaniel H. Jenkins, Esq. 14 Attomeys for Defendants 15 PRIMERITUS FINANCIAL SERVICES, INC., A DELAWARE CORPORATION; 16 CHRIS MCGINNESS, AN INDFVIDUAL 17 18 19 20 IPROPOSEDl ORDER 21 IT IS SO ORDERED: 22 23 24 25 Dated: 26 dge, Sacramento County Superior Court 27 28 STIPULATION AND [PROPOSED] ORDER TO FURTHER CONTEVUE MOTION AND HEARING DEADLINES t"-. .'V . " , , r - -. ,. . v C i V'u J C.iV;L. DROP so:-: "v p'uFE.K\OR COURT ' ^•^ •• - <•. K A U N T O r. 0 Li w r V