Richardson v. Home Depot U.S.A., Inc. et al

Filing 25

STIPULATION and ORDER to Amend Preliminary Scheduling Order (Motion Doc. 22): The Court, having read and considered the Stipulation to Amend Preliminary Scheduling Order and having reviewed the Courts calendar and due to the press of business, finds good cause to continue dates as follows: IT IS HEREBY ORDERED that the dates set forth in the Preliminary Scheduling Order shall be continued as follows: 1) Discovery Cutoff for Class Certification issues (non-expert): September 30, 2015; 2) Expert Disclosure: October 16, 2015; 3) Expert Discovery Cutoff : January 15, 2016; 4) Class Certification Filing Deadline: January 22, 2016; 5) Class certification opposition: Six (6) weeks after opening brief; 6) Class Certification Reply: Three (3) weeks after opposition brief. signed by Magistrate Judge Barbara A. McAuliffe on 1/20/2015. (Herman, H)

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1 2 3 4 5 KENNETH H. YOON (State Bar No. 198443) STEPHANIE E. YASUDA (State Bar No. 265480) LAW OFFICES OF KENNETH H. YOON One Wilshire Blvd., Suite 2200 Los Angeles, California 90017 Telephone: (213) 612-0988 Facsimile: (213) 947-1211 Attorneys for Plaintiff James Richardson 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 JAMES RICHARDSON, as an individual and on behalf of all others similarly situated, v. Plaintiff, THD AT-HOME SERVICES, INC., a Delaware corporation; HOME DEPOT U.S.A., INC., a Delaware corporation; MEASURECOMP, LLC, a Michigan limited liability company, and DOES 1 through 50, inclusive, Case No.: 1:14-CV-00273-LJO-BAM [Assigned to Hon. Barbara A. McAuliffe, Courtroom 8] STIPULATION AND ORDER TO AMEND PRELIMINARY SCHEDULING ORDER Defendants. 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER TO AMEND PRELIMINARY SCHEDULING ORDER 1 TO THE HONORABLE COURT: 2 Plaintiff James Richardson (“Plaintiff”) and Defendant THD At- 3 Home Services, Inc., (“Defendant”) (collectively, the “Parties”), by and through 4 their counsel of record, hereby stipulate and agree as follows: 5 WHEREAS, Plaintiff has filed a motion for leave to amend that is set 6 for hearing on January 30, 2015; if the motion is granted, the amended complaint 7 would add one (and perhaps two) additional defendants and an additional class 8 claim for waiting time penalties under California Labor Code section 203; 9 10 WHEREAS, Plaintiff has filed a motion to amend the preliminary scheduling order which is set for hearing on January 30, 2015; 11 12 13 14 WHEREAS, Plaintiff and Defendant have discussed the time necessary to serve new parties, conduct mediation, and complete discovery in advance of a motion for class certification, as well as how the addition of new named defendant(s) might affect the present schedule; 15 WHEREAS, Plaintiff and Defendant have scheduled a mediation 16 17 18 session with Mr. David Rotman, which is set for March 10, 2015. This was the first available date on Mr. Rudy and the Parties’ schedules; WHEREAS, Plaintiff and Defendant would like to extend the 19 20 21 22 preliminary scheduling order to accommodate the time necessary to complete discovery for certification and attend mediation in advance of Plaintiff’s filing for certification; 23 WHEREAS, Plaintiff is unsure of the time he will need, if leave to 24 amend is granted, to serve Measurecomp, LLC with a summons and complaint, 25 and conduct necessary discovery as to Measurecomp; 26 WHEREAS, Plaintiff and Defendant believe the present schedule 27 does not provide sufficient time to serve Measurecomp, LLC, conduct discovery 28 as to Measurecomp, and attend mediation prior to class certification briefing, and STIPULATION AND ORDER TO AMEND PRELIMINARY SCHEDULING ORDER 1 therefore request that the Court’s preliminary scheduling order be amended to 2 accommodate these activities. 3 IT IS HEREBY STIPULATED by the Parties herein, through their 4 counsel of record, that the dates set forth in the Court’s June 6, 2015 order be 5 continued as follows: 6 Deadline 7 Discovery cutoff for class certification 1/30/2015 8 9 10 11 12 Prior Deadline Req. Deadline 7/31/2015 issues (non-expert) Expert Disclosure 2/13/2015 8/14/2015 Expert Discovery Cut-off 4/25/2015 11/6/2015 Class Certification Filing 3/13/15 9/11/2015 13 14 15 IT IS SO STIPULATED. 16 17 DATED: January 20, 2015 18 LAW OFFICES OF KENNETH H. YOON By: /s/ Kenneth H. Yoon Kenneth H. Yoon Stephanie E. Yasuda Attorneys for Plaintiff James Richardson 19 20 21 22 23 24 25 26 DATED: January 20, 2015 AKIN GUMP STRAUSS HAUER & FELD LLP By: /s/ Donna Mezias (authorized 01/16/15) Donna M. Mezias Liz K. Bertko Attorneys for Defendants THD At-Home Services, Inc. 27 28 STIPULATION AND ORDER TO AMEND PRELIMINARY SCHEDULING ORDER 1 ORDER 2 The Court, having read and considered the Stipulation to Amend 3 Preliminary Scheduling Order and having reviewed the Court’s calendar and due 4 to the press of business, finds good cause to continue dates as follows: 5 6 7 IT IS HEREBY ORDERED that the dates set forth in the Preliminary Scheduling Order shall be continued as follows: 1) 8 Discovery Cutoff for Class Certification issues (non-expert): September 30, 2015; 9 2) Expert Disclosure: October 16, 2015; 10 3) Expert Discovery Cutoff : January 15, 2016; 11 4) Class Certification Filing Deadline: January 22, 2016; 12 5) Class certification opposition: Six (6) weeks after opening brief; 13 6) Class Certification Reply: Three (3) weeks after opposition brief. 14 15 16 IT IS SO ORDERED. 17 18 Dated: January 20, 2015 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER TO AMEND PRELIMINARY SCHEDULING ORDER

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