Filed: Dec. 23, 2019
Latest Update: Dec. 23, 2019
Summary: JOINT STIPULATION TO STAY DISCOVERY FOR SIXTY DAYS OR UNTIL A RULING ON KATE SPADE'S MOTION TO DISMISS HAS BEEN ENTERED, WHICHEVER OCCURS SOONER (FIRST REQUEST) BRENDA WEKSLER , Magistrate Judge . JOINT STIPULATION Plaintiff Tina Nguyen Cruz ("Plaintiff") and Defendant Tapestry, Inc. (erroneously sued as Kate Spade & Company, LLC) ("Kate Spade"), through their respective counsel, hereby stipulate as follows: 1. Good cause exists to stay the Federal Rule of Civil Procedure 26(f) conferenc
Summary: JOINT STIPULATION TO STAY DISCOVERY FOR SIXTY DAYS OR UNTIL A RULING ON KATE SPADE'S MOTION TO DISMISS HAS BEEN ENTERED, WHICHEVER OCCURS SOONER (FIRST REQUEST) BRENDA WEKSLER , Magistrate Judge . JOINT STIPULATION Plaintiff Tina Nguyen Cruz ("Plaintiff") and Defendant Tapestry, Inc. (erroneously sued as Kate Spade & Company, LLC) ("Kate Spade"), through their respective counsel, hereby stipulate as follows: 1. Good cause exists to stay the Federal Rule of Civil Procedure 26(f) conference..
More
JOINT STIPULATION TO STAY DISCOVERY FOR SIXTY DAYS OR UNTIL A RULING ON KATE SPADE'S MOTION TO DISMISS HAS BEEN ENTERED, WHICHEVER OCCURS SOONER (FIRST REQUEST)
BRENDA WEKSLER, Magistrate Judge.
JOINT STIPULATION
Plaintiff Tina Nguyen Cruz ("Plaintiff") and Defendant Tapestry, Inc. (erroneously sued as Kate Spade & Company, LLC) ("Kate Spade"), through their respective counsel, hereby stipulate as follows:
1. Good cause exists to stay the Federal Rule of Civil Procedure 26(f) conference of counsel and all subsequent discovery for sixty (60) days or until a ruling on Kate Spade's Motion to Dismiss and to Strike ("Motion to Dismiss") has been entered, whichever occurs sooner.
2. Plaintiff's Class Action Complaint ("Complaint") was filed on June 5, 2019 (Dkt. No. 1).
3. Kate Spade filed its Motion to Dismiss on September 16, 2019 (Dkt. No. 11), Plaintiff filed her Opposition on September 30, 2019 (Dkt. No. 14), and Kate Spade filed its Reply in support of its Motion to Dismiss on October 7, 2019 (Dkt. No. 17).
4. The Court has not yet ruled on Kate Spade's Motion to Dismiss.
5. Accordingly, the parties jointly request that the Court stay the Federal Rule of Civil Procedure Rule 26(f) conference of counsel and all subsequent discovery for sixty (60) days or until a ruling on Kate Spade's Motion to Dismiss has been entered, whichever occurs sooner.
6. The parties will meet and confer regarding the propriety of extending the stay or another resolution at least ten (10) business days prior to the expiration of the proposed stay if the Court has not yet ruled on Kate Spade's Motion to Dismiss.
7. This request is made in good faith and the proposed stay will not cause prejudice to either party. This is the parties' first request to stay discovery.
8. The parties reserve all rights regarding the propriety, scope, and timing of discovery upon expiration of this proposed stay.
IT IS SO STIPULATED AND REQUESTED, THROUGH THE BELOW COUNSEL OF RECORD:
Dated: December 20, 2019 Dated December 20, 2019
/s/ Walter R. Cannon /s/ Miles N. Clark
OLSON, CANNON, GORMLEY, ANGULO KNEPPER & CLARK LLC
& STROBERSKI Matthew I. Knepper (Nev. Bar No. 12796)
Walter R. Cannon (Nev. Bar No. 001505) Miles N. Clark (Nev. Bar No. 13848)
9450 West Cheyenne Avenue 5510 S. Fort Apache Rd., Suite 300
Las Vegas, Nevada 89129 Las Vegas, NV 89148-7700
By: __________________________ By: _____________________________
Attorneys for Tapestry, Inc. Attorneys for Tina Nguyen Cruz
Dated: December 19, 2019 Dated December 19, 2019
SHEPPARD, MULLIN, RICHTER & FINKELSTEIN THOMPSON LLP
HAMILTON LLP Gordon M. Fauth, Jr.
P. Craig Cardon (Cal. Bar No. 190280, admitted pro hac vice)
(Cal. Bar. 168646, admitted pro hac vice) Hope E. Ranoa (Cal. Bar No. 298366)
Dylan J. Price (Cal. Bar No. 258896) 15 Shattuck Square, Suite 245
Bridget J. Russell (Cal. Bar. No. 288107) Berkeley, CA 94704
1901 Avenue of the Stars, Suite 1600
Los Angeles, California 90067-6055 FINKELSTEIN THOMPSON LLP
Mila Bartos (DC Bar No. 464227)
By: Rosalee B.C. Thomas (DC Bar No. 492770)
Attorneys for Tapestry, Inc. 3201 New Mexico Ave., Suite 395
Washington, DC 20016
Phone: (202) 337-8000
Email: mbartos@finkelsteinthompson.com
Email: rbcthomas@finkelsteinthompson.com
___________________________
By: _______________________________
Attorneys for Tina Nguyen Cruz
IT IS HEREBY ORDERED that ECF No. 28 is GRANTED. IT IS FURTHER ORDERED that the parties must file a joint status report by 2/24/2020 stating whether they believe discovery should continue to be stayed or move forward. If the latter, the parties must also submit a proposed joint discovery plan and scheduling order by 2/24/2020.
IT IS SO ORDERED.
