Camarena v. Dandee Transportation

Filing 30

STIPULATION to Establish Revised Class Certification Discovery and Class Certification Motion Briefing Dates; ORDER thereon - 1) Discovery cutoff for class certification motion by 5/18/2009. 2) Last day to file/serve class certification motion by 6/8 /2009. 3) Last day to file/serve opposition to class certification motion by 6/22/2009. 4) Last day to file/serve reply to opposition to class certification motion by 6/29/2009. 5) MOTION HEARING on Class Certification Motion set for 7/17/2009 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. signed by Judge Sandra M. Snyder on 2/2/2009. (Herman, H)

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Jeffrey P. Davis #166484 Mark D. Kruthers #179750 DOWLING, AARON & KEELER, INC. 8080 North Palm Avenue, Third Floor P.O. Box 28902 Fresno, California 93729-8902 Tel: [phone] / Fax: [phone] Email: [e-mail] [e-mail] Attorneys for Defendant DANDEE TRANSPORTATION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

FRANK LOPEZ and DAVID PALMER, individually and on behalf of all others similarly situated, Plaintiffs, vs. DANDEE TRANSPORTATION and DOES 1 to 100, Defendants. JOSE CAMARENA, on his own and on behalf of a class of similarly situated persons pursuant to and on behalf of the General Public, Plaintiffs, vs. DANDEE TRANSPORTATION, a California corporation, Defendant.

Case No. 1:08-CV-00500-LJO-SMS (consolidated for all pre-trial discovery with Case No. 1:08-cv-0990 LJO-SMS) STIPULATION TO ESTABLISH REVISED CLASS CERTIFICATION DISCOVERY AND CLASS CERTIFICATION MOTION BRIEFING DATES; ORDER THEREON.

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STIPULATION AND ORDER REGARDING CLASS CERTIFICATION DISCOVERY AND MOTION DATES

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and

RECITALS WHEREAS, this court modified the original Preliminary Scheduling Order in this matter on December 18, 2008 and established new deadlines for the plaintiffs' pending class certification motion (Doc. 35). WHEREAS, the parties have complied with that revised schedule and have completed most, but not all discovery related to class certification. WHEREAS, the parties have concluded that it would be more fruitful at this time to explore settlement rather than to expend further resources on continued litigation, including the upcoming class certification motion. WHEREAS, the parties have agreed to engage in private ADR with a mediator.

WHEREAS, the Parties have met and conferred to propose new class certification discovery and class certification motion dates which will extend the current deadlines by approximately ninety (90) days. STIPULATION NOW, THEREFORE, the Parties jointly propose that the current schedule for class certification discovery and the briefing and hearing on Plaintiffs' class certification motion be revised as follows: Discovery cutoff for class certification motion Last day to file/serve class certification motion Last day to file/serve opposition to class certification motion May 18, 2009 June 8, 2009 June 22, 2009

Last day to file/serve reply to opposition to class certification motion ­ June 29, 2009 Last day for Court Hearing on class certification motion ­ On or about July 6, 2009, subject to the Court's availability. The parties also request that the scheduled hearing for February 6, 2009 on plaintiffs' discovery motion be vacated. /// ///
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/// /// /// Dated:

SO STIPULATED. January 30, 2009 DOWLING, AARON & KEELER, INC.

By:/s/Jeffrey P. Davis_________________ JEFFREY P. DAVIS MARK D. KRUTHERS Attorneys for Defendant DANDEE TRANSPORTATION

Dated: January 30, 2009

LAW OFFICE OF JERRY BUDIN

By:/s/Jerry N. Budin_______________ JERRY N. BUDIN Attorneys for Plaintiffs FRANK LOPEZ and DAVID PALMER Dated: January 30, 2009 FAKHIMI AND ASSOCIATES

By:/s/Houman Fakhimi__________________ HOUMAN FAKHIMI Attorneys for JOSE CAMARENA
Dated: January 30, 2009 Law Offices of Gregg A. Farley

By:/s/Gregg A. Farley____________________ GREGG A. FARLEY Attorneys for JOSE CAMARENA

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ORDER Based on the foregoing Stipulation of counsel for the Parties, and GOOD CAUSE APPEARING, the class certification discovery and class certification motion schedule is revised as follows: Discovery cutoff for class certification motion Last day to file/serve class certification motion Last day to file/serve opposition to class certification motion May 18, 2009 June 8, 2009 June 22, 2009

Last day to file/serve reply to opposition to class certification motion - June 29, 2009 Last day for Court Hearing on class certification motion - July 17, 2009 at 8:30 a.m. in Courtroom 4 before District Judge Lawrence J. O'Neill. In addition, the February 6, 2009 hearing date on plaintiffs' discovery motion [37] is vacated. IT IS SO ORDERED.

DATED: February 2, 2009

Sandra M. Snyder United States Magistrate Judge

/s/ Sandra M. Snyder

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