Franco et al v. Ruiz Food Products, Inc.

Filing 21

STIPULATION and ORDER CONTINUING class certification deadlines. Class certification discovery shall be completed on or before September 20, 2011; The motion for class certification shall be filed on or before October 28, 2011; The opposition t o the motion for class certification shall be filed on or before November 25, 2011; Any reply shall be filed on or before December 16, 2011; and The motion shall be heard on or before January 18, 2012, at 9:30 a.m. before Magistrate Judge Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 7/18/2011. (Timken, A)

Lesley E. Weaver (SBN 191305)

1 [e-mail]

Shepherd, Finkelman, Miller & Shah, LLP

2 199 Fremont Street, 20th Floor

San Francisco, AC 94105-2255

3 Telephone: [phone]
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Facsimile: [phone]
Attorneys for Plaintiffs

5 PATRICIA FRANCO and LILIA CASTRO
6 [ADDITIONAL COUNSEL ON NEXT PAGE]
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UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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11 PATRICIA FRANCO and LILIA CASTRO, on
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behalf of themselves and on behalf of all other
similarly situated individuals,
Plaintiffs,

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vs.

15 RUIZ FOOD PRODUCTS, INC. and DOES 1 50, inclusive,

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Defendants.

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CASE NO.: 1:10-CV-02354-AWI-SKO
JOINT STIPULATION AND ORDER
CONTINUING CLASS CERTIFICATION
DEADLINES

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CASE NO.: 1:10-CV-02354-AWI-SKO

JOINT STIPULATION AND PROPOSED]
ORDER CONTINUING CLASS
CERTIFICATION DEADLINES

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Plaintiffs PATRICIA FRANCO and LILIA CASTRO (“Plaintiffs”) and Defendant RUIZ FOOD

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PRODUCTS, INC. (“Defendant”), by and through their undersigned counsel, hereby agree and stipulate

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as follows:

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1.

On March 23, 2011, the Court entered its Scheduling Order setting forth the following

deadlines relating to class certification:

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July 29, 2011: Class certification discovery cut off date

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August 31, 2011: Motion for class certification to be filed

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September 30, 2011: Opposition to motion for class certification to be filed

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October 19, 2011: Reply to motion for class certification to be filed

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November 16, 2011: Hearing on Plaintiffs’ motion for class certification

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2.

Mindful of this schedule, Plaintiffs and Defendant have met and conferred over a period

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of months to resolve various discovery disputes, including the terms of a mutually acceptable Protective

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Order relating to the confidentiality of discovery in this action, which we hope to submit shortly to the

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Court, and the scope of the parties’ document productions.

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3.

Plaintiffs will depose certain of Defendant’s employees and representatives July 18-20,

2011, and Plaintiffs will be deposed on July 26 -27, 2011;
4.

Despite the parties’ good faith efforts to conduct discovery in a timely fashion, certain

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technical issues relating to Defendant’s document production relating to class discovery, which

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Defendant is seeking to resolve, will delay the bulk of Defendant’s production until late August 2011;

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5.

Under the current scheduling order, the cut-off for class-related discovery is July 29,

2011, and the parties have not previously sought an extension as to any of these deadlines;
6.

For these reasons, consistent with Civil Local Rule 144 and Fed. R. Civ. P. 6, the parties

respectfully seek the following amendments to the Court’s March 23, 2011, Scheduling Order:

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a. That the class certification discovery cut off date be continued to September 20, 2011;

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b. That the motion for class certification be filed no later than October 28, 2011;

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c. That the opposition to the motion for class certification be filed no later than

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November 25, 2011;

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CASE NO.: 1:10-cv-02354-AWI-SKO

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JOINT STIPULATION AND ORDER
CONTINUING CLASS CERTIFICATION
DEADLINES

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d. That the reply in support of the motion for class certification be filed no later than
December 16, 2011; and
e. That the hearing date on the motion for class certification be continued to a date at the
Court’s convenience on or after December 16, 2011.

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Respectfully Submitted,

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Date: July 15, 2011

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JACKSON LEWIS LLP

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/s/ Michell F. Boomer
Mitchell F. Boomer, Esquire
199 Fremont Street, 10th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-394-9401
Email: [e-mail]

SHEPHERD, FINKELMAN, MILLER
& SHAH, LLP
E-filing attorney authorized to submit conformed
signature on behalf of:
esley E. Weaver, Esquire
(SBN 191305)
199 Fremont Street , 20th Floor
San Francisco, CA 94105-2255
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Philip A. Downey, Esquire
Pennsylvania Bar ID No. 81603
The Downey Law Firm, LLC
P.O. Box 1021
Unionville, PA 19375
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

Cynthia S. Sandoval, Esquire
Hazel U. Poei, Esquire
Jackson Lewis LLP
5000 Birch Street, Suite 5000
Newport Beach, CA 92660
Telephone: [phone]
Facsimile: 949-885-1380
Email: [e-mail]
Email: [e-mail]

Eric L. Young, Esquire
Pennsylvania Bar ID No. 84109
Egan Young, Attorneys-at-Law
526 Township Line Road, Suite 100
Blue Bell, PA 19422
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant
Ruiz Food Products, Inc.

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James E. Miller, Esquire
(SBN 262553)
Karen M. Leser-Grenon, Esquire
(SBN 231189)
Shepherd, Finkelman, Miller & Shah, LLP
65 Main Street
Chester, CT 06412
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Plaintiffs and the Proposed Class

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CASE NO.: 1:10-cv-02354-AWI-SKO

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JOINT STIPULATION AND ORDER
CONTINUING CLASS CERTIFICATION
DEADLINES

ORDER

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The parties’ request for a modification to the schedule is GRANTED. The deadlines proposed
by the parties are adopted by the Court with the exception of the proposed deadline for the hearing on

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Plaintiffs’ motion for class certification. The modified schedule is as follows:

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1. Class certification discovery shall be completed on or before September 20, 2011;

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2. The motion for class certification shall be filed on or before October 28, 2011;

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3. The opposition to the motion for class certification shall be filed on or before November 25,
2011;

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4. Any reply shall be filed on or before December 16, 2011; and
5. The motion shall be heard on or before January 18, 2012, at 9:30 a.m. before Magistrate Judge
Oberto.

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IT IS SO ORDERED.

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Dated:

July 18, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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CASE NO.: 1:10-cv-02354-AWI-SKO

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JOINT STIPULATION AND ORDER
CONTINUING CLASS CERTIFICATION
DEADLINES