Taylor v. FedEx Freight, Inc.

Filing 33

STIPULATION to Continue Hearing on Motion for Class Certification (Doc. 17); ORDER - MOTION HEARING is continued from April 10, 2015 to May 1, 2015 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 3/18/2015. (Herman, H)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

KEITH A. JACOBY, Bar No. 150233
[e-mail]
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067.3107
Telephone:
310.553.0308
Fax No.:
310.553.5583
MICHELLE B. HEVERLY, Bar No. 178660
[e-mail]
SOPHIA BEHNIA, Bar No. 289318
[e-mail]
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, CA 94108.2693
Telephone:
415.433.1940
Fax No.:
415.399.8490
KARIN M. COGBILL, Bar No. 244606
[e-mail]
LITTLER MENDELSON, P.C.
50 W. San Fernando Street, 15th Floor
San Jose, CA 95113.2303
Telephone:
408.998.4150
Fax No.:
408.288.5686
Attorneys for Defendant
FEDEX FREIGHT, INC.

15
(Additional counsel listed on the following page)
16
UNITED STATES DISTRICT COURT

17

EASTERN DISTRICT OF CALIFORNIA

18
19

ROY D. TAYLOR, on behalf of himself
and all others similarly situated,

20
21
22
23
24

Plaintiff,

Case No. 1:13-cv-01137-LJO-BAM
STIPULATION TO CONTINUE HEARING
ON MOTION FOR CLASS
CERTIFICATION; ORDER

v.
FEDEX FREIGHT, INC., an Arkansas
Corporation; and DOES 1 through 10,
inclusive,
Defendants.

25
26
27
28
Case No. 1:13-cv-01137-LJO-BAM
STIPULATION TO CONTINUE CLASS CERTIFICATION HEARING; [PROPOSED] ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

MIREYA A.R. LLAURADO, Bar No. 194882
[e-mail]
FEDEX FREIGHT, INC.
3425 Victor Street
Santa Clara, CA 95054
Telephone: [phone]
Facsimile: 408.654.3297
Attorneys for Defendant
FEDEX FREIGHT, INC.
R. DUANE WESTRUP, Bar No. 58610
PHILIP R. POLIINER, Bar No. 156145
[e-mail]
CAT-TUONG N. BULAON, Bar No. 206612
[e-mail]
WESTRUP KLICK, LLP
444 West Ocean Boulevard, Suite 1614
Long Beach, CA 90802-4524
Telephone: [phone]
Facsimile: 562.435.4856
Attorneys for Plaintiff
ROY TAYLOR

1

IT IS HEREBY STIPULATED by and between Plaintiff ROY TAYLOR (“Plaintiff”)

2

and Defendant FEDEX FREIGHT, INC. (“Defendant”) (collectively the “Parties”), by and through

3

their attorneys of record:

4
5

WHEREAS, Plaintiff filed his Motion For Class Certification on August 14, 2014
(Dkt. 17);

6
7

WHEREAS, on October 15, 2014, Defendant filed an Opposition to Plaintiff’s
Motion (Dkt. 24);

8
9

WHEREAS, on December 15, 2014, Plaintiff filed a Reply in support of his Motion
(Dkt. 27);

10
11

WHEREAS, the Court had previously set the hearing date for Plaintiff’s Motion for
January 16, 2015 (Dkt.9);

12
13

WHEREAS, on January 8, 2015, the Court continued the hearing on Plaintiff’s
motion to March 13, 2015 (Dkt. 30);

14
15

WHEREAS, on March 6, 2015, the Court continued the hearing on Plaintiff’s motion
to April 10, 2015 (Dkt. 31);

16
17
18
19

WHEREAS, Defendant is unable to attend the April 10, 2015 hearing due to a
conflict; and
WHEREAS, the Parties have met and conferred regarding Defendant’s conflict and
have agreed to continue the hearing until May 1, 2015.

20

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED:

21

1.

That the hearing on Plaintiff’s Motion For Class Certification, currently set for

22

April 10, 2015, be continued to May 1, 2015.

23

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

24
25

DATED: March 13, 2015

______/s/ Philip Poliner__________________
Attorneys for Plaintiff

DATED: March 13, 2015

_____/s/ Sophia Behnia____________________
Attorneys for Defendant

26
27
28

1

PURSUANT TO STIPULATION, IT IS SO ORDERED that the hearing on

2

Plaintiff’s Motion For Class Certification, currently set for April 10, 2015, is continued to May 1,

3

2015 at 9:00 a.m. before Judge McAuliffe.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Dated:

March 18, 2015

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE