Preview
Envelope: 4743711
DONNA M. MEZIAS (SBN 111902)
DOROTHY F. KASLOW (SBN 287112)
AKIN GUMP STRAUSS HAUER & FELD LLP
580 California Street, Suite 1500
San Francisco, CA 94104
Telephone: 415.765.9500
Facsimile: 415.765.9501
dmezias@akingump.com
dkaslow@akingump.com
GREGORY W. KNOPP (SBN 237615)
VICTOR A. SALCEDO (SBN 317910)
AKIN GUMP STRAUSS HAUER & FELD LLP
1999 Avenue of the Stars, Suite 600
Los Angeles, CA 90067
Telephone: 310.229.1000
Facsimile: 310.229.1001
gknopp@akingump.com
10 vsalcedo@akingump.com
11 Attorneys for defendant
Home Depot U.S.A., Inc.
12
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 COUNTY OF SANTA CLARA
15
16 JARED MANIGLIA, on behalf of the State Case No.20CV368063
of California, as a private attorney general,
17 REPRESENTATIVE ACTION COMPLAINT
Plaintiff,
18 JOINT STIPULATION FOR BRIEFING
V. SCHEDULE FOR DEMURRER AND
19 MOTION TO STAY AND DISCOVERY STAY
HOME DEPOT USS.A., INC., a Delaware
20 corporation; and DOES 1 through 50,
inclusive, Date Action Filed: July 8, 2020
21
Defendants.
22
23
24
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26
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JOINT STIPULATION FOR BRIEFING SCHEDULE FOR DEMURRER AND MOTION TO STAY AND
DISCOVERY STAY
TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that Plaintiff Jared Maniglia (“Plaintiff”) and Defendant Home
Depot U.S.A., Inc. (“Home Depot” or “Defendant”) (collectively, the “Parties”), by and through their
undersigned counsel of record, have agreed upon the following Stipulation to set a briefing schedule
for Home Depot’s Demurrer and, in the alternative, Motion to Stay and to stay discovery pending the
outcome of that motion based on the following facts:
i On July 8, 2020, Plaintiff filed the Complaint in the above-referenced matter, alleging a
single cause of action for civil penalties pursuant to the Private Attorneys General Act [“PAGA” -
California Labor Code §§ 2699, et seq].
10 2 Home Depot was personally served with the Complaint in the above referenced matter
11 on July 15, 2020.
12 3 Counsel for the Parties conferred on August 2, 2020 regarding this action. Home
13 Depot’s position is that this action should be dismissed or stayed given that an overlapping, earlier-
14 filed action is currently proceeding in the Northern District of California, Maniglia v. Home Depot,
15 Case No. 3:20-CV-04185-JD. Plaintiff disagrees and believes both actions can — and should — proceed
16 simultaneously, given that the above-referenced PAGA only matter has been brought by Plaintiff as a
17 deputized proxy for the State of California to collect civil penalties on behalf of the government.
18 4 Home Depot plans to file a demurrer or, in the alternative, motion to stay in the above
19 referenced action. Plaintiff’s counsel requested at least 30-days’ time to oppose Home Depot’s pending
20 motion due to an upcoming pre-scheduled parental leave. To that end, the Parties have agreed to the
21 following briefing schedule:
22 e Home Depot’s deadline to file a responsive pleading to the complaint is extended from
23 August 14, 2020 to August 28, 2020;
24 e Plaintiff’s deadline to oppose a demurrer or motion to stay is September 29, 2020;
| Home Depot’s deadline to reply to Plaintiff’s opposition is October 13, 2020.
26 5 The Parties recognize that, due to the COVID-19 pandemic and related staffing issues,
27 the Court is scheduling hearing dates upon submission of motions. The Parties respectfully request
28 that the Court hear Home Depot’s motion on Tuesday, November 10, 2020 at 9:00 a.m.
1
JOINT STIPULATION FOR BRIEFING SCHEDULE FOR DEMURRER AND MOTION TO STAY AND
DISCOVERY STAY
6. To avoid potentially needless discovery, the Parties agree that formal discovery in this
PAGA-only action will be stayed until the Court decides Home Depot’s demurrer or, in the
alternative, motion to stay.
IT IS SO STIPULATED.
oe i
Dated: August 10, 2020 AKIN GUMP ST, S HAUER & FELD LLP
By.
Gregory W. Knopp
Attorneys for Defendant
Home Depot U.S.A., Inc.
10
11
12
13 Dated: August 10, 2020 BLUMENTHAL NORDREHAUG BHOWMIK DE
BLOUW LLP
14
By.
15 ffrey S! Herman
Jackland K. Hom
16 Attorneys for Plaintiff
17
GOOD CAUSE APPEARING, IT IS SO ORDERED.
18
19
20
Dated:
2 THE HONORABLE SG3HE-R-KULK ARNEL
22 PATRICIA M. LUCAS
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25
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28
2
JOINT STIPULATION FOR BRIEFING SCHEDULE FOR DEMURRER AND MOTION TO STAY AND
DISCOVERY STAY
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
not a party to the within action; my business address is: 1999 Avenue of the Stars, Suite 600, Los
Angeles, California 90067. On August 11, 2020, I served the foregoing document(s) described as:
JOINT STIPULATION FOR BRIEFING SCHEDULE FOR DEMURRER AND
MOTION TO STAY AND DISCOVERY STAY
on the interested party(ies) below, using the following means:
BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
Norman B. Blumenthal
Kyle R. Nordrehaug
Aparajit Bhowmik
Nicholas J. De Blouw
2255 Calle Clara
10 La Jolla, CA 92037
Telephone: (858) 551-1223
11 Facsimile: (858) 551-1232
Norm@bamlawca.com
12 Jeffrey@bamlawea.com
DeBlouw@bamlawca.com
13 AJ@bamlawca.com
kyle@bamlawca.com
14
tico@bamlawca.com
15 jackland@bamlawca.com
chrystal@bamlawca.com
16
Attorneys for Plaintiff Jared Maniglia
17
(J sy unitep states MAIL I enclosed the documents in a sealed envelope or package addressed to the
18 respective address(es) of the party(ies) stated above and placed the envelope(s) for collection and
mailing, following our ordinary business practices. I am readily familiar with the firm’s practice of
19 collection and processing correspondence for mailing. On the same day that correspondence is placed
for collection and mailing, it is deposited in the ordinary course of business with the United States
20 Postal Service, in a sealed envelope with postage fully prepaid at Los Angeles, California.
21 [X] BY ELECTRONIC MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or an agreement of the parties
to accept service by e-mail or electronic transmission, I caused the document(s) to be sent to the
22 respective e-mail address(es) of the party(ies) as stated above. I did not receive, within a reasonable
time after the transmission, any electronic message or other indication that the transmission was
23 unsuccessful.
24 OH state) I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
25
Executed on August 11, 2020, at Los Angeles, California.
26
27 Elena Swatek
[Print Name of Person Executing Proof] [Signature]
28
PROOF OF SERVICE
Preview
Envelope: 4743711 DONNA M. MEZIAS (SBN 111902) DOROTHY F. KASLOW (SBN 287112) AKIN GUMP STRAUSS HAUER & FELD LLP 580 California Street, Suite 1500 San Francisco, CA 94104 Telephone: 415.765.9500 Facsimile: 415.765.9501 dmezias@akingump.com dkaslow@akingump.com GREGORY W. KNOPP (SBN 237615) VICTOR A. SALCEDO (SBN 317910) AKIN GUMP STRAUSS HAUER & FELD LLP 1999 Avenue of the Stars, Suite 600 Los Angeles, CA 90067 Telephone: 310.229.1000 Facsimile: 310.229.1001 gknopp@akingump.com 10 vsalcedo@akingump.com 11 Attorneys for defendant Home Depot U.S.A., Inc. 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF SANTA CLARA 15 16 JARED MANIGLIA, on behalf of the State Case No.20CV368063 of California, as a private attorney general, 17 REPRESENTATIVE ACTION COMPLAINT Plaintiff, 18 JOINT STIPULATION FOR BRIEFING V. SCHEDULE FOR DEMURRER AND 19 MOTION TO STAY AND DISCOVERY STAY HOME DEPOT USS.A., INC., a Delaware 20 corporation; and DOES 1 through 50, inclusive, Date Action Filed: July 8, 2020 21 Defendants. 22 23 24 7 26 27 28 JOINT STIPULATION FOR BRIEFING SCHEDULE FOR DEMURRER AND MOTION TO STAY AND DISCOVERY STAY TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Plaintiff Jared Maniglia (“Plaintiff”) and Defendant Home Depot U.S.A., Inc. (“Home Depot” or “Defendant”) (collectively, the “Parties”), by and through their undersigned counsel of record, have agreed upon the following Stipulation to set a briefing schedule for Home Depot’s Demurrer and, in the alternative, Motion to Stay and to stay discovery pending the outcome of that motion based on the following facts: i On July 8, 2020, Plaintiff filed the Complaint in the above-referenced matter, alleging a single cause of action for civil penalties pursuant to the Private Attorneys General Act [“PAGA” - California Labor Code §§ 2699, et seq]. 10 2 Home Depot was personally served with the Complaint in the above referenced matter 11 on July 15, 2020. 12 3 Counsel for the Parties conferred on August 2, 2020 regarding this action. Home 13 Depot’s position is that this action should be dismissed or stayed given that an overlapping, earlier- 14 filed action is currently proceeding in the Northern District of California, Maniglia v. Home Depot, 15 Case No. 3:20-CV-04185-JD. Plaintiff disagrees and believes both actions can — and should — proceed 16 simultaneously, given that the above-referenced PAGA only matter has been brought by Plaintiff as a 17 deputized proxy for the State of California to collect civil penalties on behalf of the government. 18 4 Home Depot plans to file a demurrer or, in the alternative, motion to stay in the above 19 referenced action. Plaintiff’s counsel requested at least 30-days’ time to oppose Home Depot’s pending 20 motion due to an upcoming pre-scheduled parental leave. To that end, the Parties have agreed to the 21 following briefing schedule: 22 e Home Depot’s deadline to file a responsive pleading to the complaint is extended from 23 August 14, 2020 to August 28, 2020; 24 e Plaintiff’s deadline to oppose a demurrer or motion to stay is September 29, 2020; | Home Depot’s deadline to reply to Plaintiff’s opposition is October 13, 2020. 26 5 The Parties recognize that, due to the COVID-19 pandemic and related staffing issues, 27 the Court is scheduling hearing dates upon submission of motions. The Parties respectfully request 28 that the Court hear Home Depot’s motion on Tuesday, November 10, 2020 at 9:00 a.m. 1 JOINT STIPULATION FOR BRIEFING SCHEDULE FOR DEMURRER AND MOTION TO STAY AND DISCOVERY STAY 6. To avoid potentially needless discovery, the Parties agree that formal discovery in this PAGA-only action will be stayed until the Court decides Home Depot’s demurrer or, in the alternative, motion to stay. IT IS SO STIPULATED. oe i Dated: August 10, 2020 AKIN GUMP ST, S HAUER & FELD LLP By. Gregory W. Knopp Attorneys for Defendant Home Depot U.S.A., Inc. 10 11 12 13 Dated: August 10, 2020 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP 14 By. 15 ffrey S! Herman Jackland K. Hom 16 Attorneys for Plaintiff 17 GOOD CAUSE APPEARING, IT IS SO ORDERED. 18 19 20 Dated: 2 THE HONORABLE SG3HE-R-KULK ARNEL 22 PATRICIA M. LUCAS 23 24 25 26 27 28 2 JOINT STIPULATION FOR BRIEFING SCHEDULE FOR DEMURRER AND MOTION TO STAY AND DISCOVERY STAY PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 1999 Avenue of the Stars, Suite 600, Los Angeles, California 90067. On August 11, 2020, I served the foregoing document(s) described as: JOINT STIPULATION FOR BRIEFING SCHEDULE FOR DEMURRER AND MOTION TO STAY AND DISCOVERY STAY on the interested party(ies) below, using the following means: BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP Norman B. Blumenthal Kyle R. Nordrehaug Aparajit Bhowmik Nicholas J. De Blouw 2255 Calle Clara 10 La Jolla, CA 92037 Telephone: (858) 551-1223 11 Facsimile: (858) 551-1232 Norm@bamlawca.com 12 Jeffrey@bamlawea.com DeBlouw@bamlawca.com 13 AJ@bamlawca.com kyle@bamlawca.com 14 tico@bamlawca.com 15 jackland@bamlawca.com chrystal@bamlawca.com 16 Attorneys for Plaintiff Jared Maniglia 17 (J sy unitep states MAIL I enclosed the documents in a sealed envelope or package addressed to the 18 respective address(es) of the party(ies) stated above and placed the envelope(s) for collection and mailing, following our ordinary business practices. I am readily familiar with the firm’s practice of 19 collection and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States 20 Postal Service, in a sealed envelope with postage fully prepaid at Los Angeles, California. 21 [X] BY ELECTRONIC MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the document(s) to be sent to the 22 respective e-mail address(es) of the party(ies) as stated above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 23 unsuccessful. 24 OH state) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 25 Executed on August 11, 2020, at Los Angeles, California. 26 27 Elena Swatek [Print Name of Person Executing Proof] [Signature] 28 PROOF OF SERVICE