Richardson v. Home Depot U.S.A., Inc. et al
Filing
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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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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
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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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.
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STIPULATION AND ORDER TO AMEND PRELIMINARY SCHEDULING ORDER
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TO THE HONORABLE COURT:
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Plaintiff James Richardson (“Plaintiff”) and Defendant THD At-
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Home Services, Inc., (“Defendant”) (collectively, the “Parties”), by and through
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their counsel of record, hereby stipulate and agree as follows:
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WHEREAS, Plaintiff has filed a motion for leave to amend that is set
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for hearing on January 30, 2015; if the motion is granted, the amended complaint
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would add one (and perhaps two) additional defendants and an additional class
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claim for waiting time penalties under California Labor Code section 203;
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WHEREAS, Plaintiff has filed a motion to amend the preliminary
scheduling order which is set for hearing on January 30, 2015;
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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;
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WHEREAS, Plaintiff and Defendant have scheduled a mediation
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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
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preliminary scheduling order to accommodate the time necessary to complete
discovery for certification and attend mediation in advance of Plaintiff’s filing for
certification;
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WHEREAS, Plaintiff is unsure of the time he will need, if leave to
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amend is granted, to serve Measurecomp, LLC with a summons and complaint,
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and conduct necessary discovery as to Measurecomp;
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WHEREAS, Plaintiff and Defendant believe the present schedule
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does not provide sufficient time to serve Measurecomp, LLC, conduct discovery
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as to Measurecomp, and attend mediation prior to class certification briefing, and
STIPULATION AND ORDER TO AMEND PRELIMINARY SCHEDULING ORDER
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therefore request that the Court’s preliminary scheduling order be amended to
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accommodate these activities.
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IT IS HEREBY STIPULATED by the Parties herein, through their
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counsel of record, that the dates set forth in the Court’s June 6, 2015 order be
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continued as follows:
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Deadline
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Discovery cutoff for class certification 1/30/2015
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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
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IT IS SO STIPULATED.
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DATED: January 20, 2015
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LAW OFFICES OF KENNETH H. YOON
By:
/s/ Kenneth H. Yoon
Kenneth H. Yoon
Stephanie E. Yasuda
Attorneys for Plaintiff James Richardson
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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.
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STIPULATION AND ORDER TO AMEND PRELIMINARY SCHEDULING ORDER
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ORDER
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The Court, having read and considered the Stipulation to Amend
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Preliminary Scheduling Order and having reviewed the Court’s calendar and due
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to the press of business, finds good cause to continue dates as follows:
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IT IS HEREBY ORDERED that the dates set forth in the Preliminary
Scheduling Order shall be continued as follows:
1)
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Discovery Cutoff for Class Certification issues (non-expert):
September 30, 2015;
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2)
Expert Disclosure: October 16, 2015;
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3)
Expert Discovery Cutoff : January 15, 2016;
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4)
Class Certification Filing Deadline: January 22, 2016;
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5)
Class certification opposition: Six (6) weeks after opening brief;
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6)
Class Certification Reply: Three (3) weeks after opposition brief.
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IT IS SO ORDERED.
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Dated:
January 20, 2015
/s/ Barbara
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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STIPULATION AND ORDER TO AMEND PRELIMINARY SCHEDULING ORDER
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