Hildebrand v. Lululemon USA Inc.
| Kristin Hildebrand |
| Lululemon USA, Inc. |
| 3:2023cv01506 |
| October 13, 2023 |
| US District Court for the District of Oregon |
| Jeff Armistead |
| Labor: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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Filing 15
ORDER: Defendant's Motion to Stay Discovery (#12 ) is DENIED. "District courts in this circuit have rejected the general proposition that a pending dispositive motion justifies a stay of discovery." Ciuffitelli v. Deloitte & Touche LLP, No. 3:16-CV-0580-AC, 2016 WL 6963039, at *4 (D. Or. Nov. 28, 2016) (collecting cases). The Ninth Circuit also has suggested that the party seeking to prevent discovery bears a heavy burden. Blankenship v. Hearst Corp., 519 F.2d 418, 429 (9th Cir. 1975). Generally, a stay of discovery is appropriate if the district court is certain that the plaintiff cannot make out a viable claim for relief or if the pending dispositive motion may be decided absent additional discovery. Ciuffitelli, 2016 WL 6963039, at *4; Camacho v. United States, No. 12-cv-956-CAB (BGS), 2014 WL 12026059, at * 3 (S.D. Cal. Aug. 15, 2014); see also GTE Wireless, Inc. v. Qualcomm, Inc., 192 F.R.D. 284, 286 (S.D. Cal. 2000) (stating that courts should "take a preliminary peek at the merits of the allegedly dispositive motion to see if on its face there appears to be an immediate and clear possibility that it will be granted"). Here, the court is not certain. That is, after a preliminary review of the pending motion to dismiss, the court is unconvinced that plaintiff is unable to sustain any claim for relief. Weighing the principles of judicial economy, proportionality, and other considerations, the court concludes that defendant has not sustained its heavy burden of demonstrating that a stay of discovery is warranted. Ordered by United States Magistrate Judge Jeff Armistead. (pjg)
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| Filing 14 Response in Opposition to Motion for Stay #12 . Filed by Kristin Hildebrand. (Schuck, David) |
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Filing 13
Scheduling Order: Motion for Stay #12 is taken under advisement as of 12/27/2023. Request for oral argument will be considered in due course. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 12 Motion for Stay . Oral Argument requested. Filed by Lululemon USA, Inc.. (Attachments: #1 Attachment Declaration of Katharine J. Liao) (Gaar, William) |
| Filing 11 Reply to Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #4 Oral Argument requested. Filed by Lululemon USA, Inc.. (Gaar, William) |
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Filing 10
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #9 requested by attorney Katharine Liao. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 9 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Katharine Liao. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9144208. Filed by Lululemon USA, Inc.. (Liao, Katharine) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Katharine Liao. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9144208 #9 : Reviewed and Ready for Ruling. (dino) |
| Filing 8 Response in Opposition to Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #4 Oral Argument requested. Filed by Kristin Hildebrand. (Baze, Leslie) |
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Filing 7
CORRECTED Order by Judge Armistead 6 : Motion to Dismiss #4 is taken under advisement as of 1/22/2024. Any requests for oral argument will be considered in due course. (Corrected for typographical error.) (pjg)
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Filing 6
Order by Judge Armistead: Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #4 is taken under advisement as of 1/22/2024. Any requests for oral argument will be considered in due course. (pjg)
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| Filing 5 Notice of Appearance of Leslie E. Baze appearing on behalf of Kristin Hildebrand. Filed by on behalf of Kristin Hildebrand. (Baze, Leslie) |
| Filing 4 Motion to Dismiss Oral Argument requested. Filed by Lululemon USA, Inc.. (Gaar, William) Modified text on 10/26/2023 (pjg). |
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Filing 3
Notice of Case Assignment to Magistrate Judge Jeff Armistead and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 2/12/2024. Joint Alternate Dispute Resolution Report is due by 3/11/2024. Pretrial Order is due by 3/11/2024. Ordered by Magistrate Judge Jeff Armistead. (ecp)
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| Filing 2 Notice of Removal of Case Number 23CV35505 from Multnomah County Civil Court. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-9115118 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by lululemon usa inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet). (Gaar, William) |
| Filing 1 Corporate Disclosure Statement . Filed by lululemon usa inc.. (Gaar, William) |
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| Plaintiff: Kristin Hildebrand | |
| Represented By: | David Arthur Schuck |
| Represented By: | Leslie E. Baze |
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| Defendant: Lululemon USA, Inc. | |
| Represented By: | Jillian Pollock |
| Represented By: | William E. Gaar |
| Represented By: | Katharine Liao |
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