Humes, et al. v. First Student Inc.

Filing 18

Joint STIPULATION to Continue Motion for Class Certification Deadline; ORDER. (1.) Class Certification Motion Filing Deadline: November 18, 2016. (2.) Class Certification Opposition: January 18, 2017. (3.) Class Certification Reply: April 7, 2 017. (4.) Class Certification Discovery Cutoff: April 7, 2017. (5.) CLASS CERTIFICATION HEARING: May 5, 2017 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 8/19/2016. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DELORES HUMES, an individual,
DIANE ABELLA, an individual, on
behalf of themselves and all others
similarly situated,
Plaintiffs,
v.

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FIRST STUDENT, INC., an entity and
DOES 1 – 100, inclusive,
Defendants.

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Case No. 1:15-cv-01861-BAM
[Assigned to the Hon. Barbara A. McAuliffe,
Courtroom 8]

JOINT STIPULATION TO
CONTINUE MOTION FOR CLASS
CERTIFICATION DEADLINE;
ORDER
Complaint Filed: October 28, 2015
Removal Date: December 11, 2015

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TO THE COURT, ALL PARTIES, AND COUNSEL OF RECORD:

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Plaintiffs DELORES HUMES and DIANE ABELLA, on behalf of the putative class

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(“Plaintiffs”), and Defendant FIRST STUDENT, INC. (“Defendant”), collectively “the Parties,”

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by and through their counsel of record, HEREBY STIPULATE AND AGREE to a continuance of

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the deadline for Plaintiff’s Motion for Class Certification (“motion”) and related briefing schedule,

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as follows:

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WHEREAS, on March 18, 2016, the Court issued a Preliminary Scheduling Order setting
forth the briefing schedule for Plaintiffs’ forthcoming motion for class certification;

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WHEREAS, the Parties are actively engaged in the discovery process, and in particular,

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are in the midst of scheduling depositions and meeting and conferring as to various document

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production issues;

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WHEREAS, Plaintiffs’ motion for class certification is presently due to be filed on
September 2, 2016;
WHEREAS, Plaintiffs need additional time to complete discovery necessary for a motion
for class certification;

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WHEREAS, Defendant has filed a motion for summary judgement that is presently set to
be heard on October 7, 2016, at 9:00 a.m., in courtroom 8;

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WHEREAS, the Parties would like to resolve the class period tolling issue raised by

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Defendant’s motion for summary judgment before litigating Plaintiffs’ forthcoming motion for

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class certification;

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WHEREAS, no previous extensions have been sought;

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WHEREAS, no trial date has been set;

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WHEREAS, this Stipulation will promote judicial economy and is in the interests of the

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Parties;
The Parties accordingly request that the briefing scheduling and hearing date for Plaintiffs’
forthcoming motion for class certification be modified as follows:

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Class Certification Motion Filing Deadline: November 18, 2016

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Class Certification Opposition:

January 18, 2017

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Class Certification Reply:

April 7, 2017

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Class Certification Discovery Cutoff:

April 7, 2017

Class Certification Hearing:

April 28, 2017
Time: 9:00 a.m.
Dept: 8 (BAM)

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IT IS SO STIPULATED.

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DATED: August 17, 2016

LAW OFFICES OF THOMAS W. FALVEY
THE GILLAM LAW FIRM

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By: /s/Michael H. Boyamian (as authorized
on 8/17/2016)
THOMAS W. FALVEY
MICHAEL H. BOYAMIAN
ARMAND R. KIZIRIAN
CAROL L. GILLAM
SARA HEUM
Attorney for Plaintiffs DELORES HUMES and
DIANE ABELLA, individually and on behalf of all
others similarly situated

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DATED: August 17, 2016

LITTLER MENDELSON, P.C.
By: /s/David J. Dow (as authorized on 8/17/2016)
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THEODORE R. SCOTT
DAVID J. DOW
O. MISHELL P. TAYLOR
HEATHER L. SHOOK
Attorneys for Defendant
FIRST STUDENT, INC.

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ORDER

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The Court, having considered the parties’ Stipulation to Continue the Class Certification
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Deadlines, finds that good cause exists to continue the motion for class certification and related
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filings to the following dates:
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Class Certification Motion Filing Deadline: November 18, 2016
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Class Certification Opposition:

January 18, 2017

Class Certification Reply:

April 7, 2017

Class Certification Discovery Cutoff:

April 7, 2017

Class Certification Hearing:

May 5, 2017
Time: 9:00 a.m.
Dept: 8 (BAM)

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

August 19, 2016

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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