Filed: May 24, 2018
Latest Update: May 24, 2018
Summary: JOINT STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND ORDER MORRISON C. ENGLAND, JR. , District Judge . Plaintiff Joao Gabriel Pinto ("Plaintiff") and defendant Squaw Valley Resort, LLC ("Squaw Valley") (together, the "Parties"), by and through their undersigned counsel of record, hereby stipulate as follows: WHEREAS, Plaintiff filed this action against defendant Squaw Valley and defendant KSL Resorts on September 26, 2017 alleging the following eight causes of action
Summary: JOINT STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND ORDER MORRISON C. ENGLAND, JR. , District Judge . Plaintiff Joao Gabriel Pinto ("Plaintiff") and defendant Squaw Valley Resort, LLC ("Squaw Valley") (together, the "Parties"), by and through their undersigned counsel of record, hereby stipulate as follows: WHEREAS, Plaintiff filed this action against defendant Squaw Valley and defendant KSL Resorts on September 26, 2017 alleging the following eight causes of action a..
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JOINT STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND ORDER
MORRISON C. ENGLAND, JR., District Judge.
Plaintiff Joao Gabriel Pinto ("Plaintiff") and defendant Squaw Valley Resort, LLC ("Squaw Valley") (together, the "Parties"), by and through their undersigned counsel of record, hereby stipulate as follows:
WHEREAS, Plaintiff filed this action against defendant Squaw Valley and defendant KSL Resorts on September 26, 2017 alleging the following eight causes of action as class-wide claims: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Wages and Overtime Under Labor Code § 510; (3) Meal-Period Liability Under Labor Code § 226.7; (4) Rest-Break Liability Under Labor Code § 226.7; (5) Violation of Labor Code § 2802; (6) Violation of Labor Code § 226(a); (7) Waiting Time Penalties under Labor Code § 203; and (8) Violation of Business and Professions Code § 17200 et seq.;
WHEREAS, Plaintiff filed a First Amended Class Action Complaint (the "FAC") on January 23, 2018 by adding a claim under the Private Attorneys General Act, amending his Complaint to adapt it to a federal forum, and dismissing KSL Resorts;
WHEREAS, Squaw Valley's current deadline to respond to the FAC is May 24, 2018;
WHEREAS, Squaw Valley contends that Plaintiff entered into an arbitration agreement that precludes him from pursuing claims in this forum;
WHEREAS, the Parties had been waiting for the Unites States Supreme Court to issue its ruling in Epic Systems Corp. v. Lewis, United States Supreme Court Docket No. 16-285 ("Epic"), which addresses the enforceability of a class-action waiver;
WHEREAS, the Epic decision was finally issued yesterday, May 21, 2018;
WHEREAS, while the Epic decision may obviate the need for Squaw Valley to bring a motion to compel arbitration, the Parties need a short period of time to analyze the Epic decision and to meet and confer;
WHEREAS, a short continuance of Squaw Valley's response deadline would permit the parties to exhaust their meet-and-confer efforts prior to engaging in motion practice.
THEREFORE, the Parties stipulate and request that Squaw Valley's deadline to respond to the FAC be extended by twenty-one (21) days, from May 24, 2018, until June 14, 2018.
IT IS SO STIPULATED.
ORDER
The Court, having reviewed the Stipulation of the Parties and finding good cause, hereby ORDERS that the deadline for defendant Squaw Valley Resort, LLC file a responsive pleading to Plaintiff's First Amended Complaint is hereby extended by twenty-one (21) days, from May 24, 2018, until June 14, 2018.
IT IS SO ORDERED.
