Humes, et al. v. First Student Inc.

Filing 29

Joint STIPULATION to Continue Motion for Class Certification Deadline; ORDER - (1.) Class Certification Motion Filing Deadline: December 23, 2016. (2.) Class Certification Opposition: February 24, 2017. (3.) Class Certification Reply: May 19, 2017. (4) Class Certification Discovery Cutoff: May 19, 2017. (5.) CLASS CERTIFICATION HEARING: is set for 6/9/2017 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 11/1/2016. (Herman, H)

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LAW OFFICES OF THOMAS W. FALVEY
THOMAS W. FALVEY, SBN 65744
[e-mail]
MICHAEL H. BOYAMIAN, SBN 256107
[e-mail]
ARMAND R. KIZIRIAN, SBN 293992
[e-mail]
550 North Brand Boulevard, Suite 1500
Glendale, California, 91203
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs DELORES HUMES and
DIANE ABELLA and the Putative Class
THEODORE E. SCOTT, Bar No. 108849
[e-mail]
DAVID J. DOW, Bar No. 179407
[e-mail]
O. MISHELL P. TAYLOR, Bar No. 256850
[e-mail]
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, California 92101-3577
Telephone: [phone]
Facsimile: 619.232.4302

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Attorneys for Defendant
FIRST STUDENT, INC.

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(Additional Counsel Listed on Following Page)

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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.

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;
[PROPOSED] ORDER
Complaint Filed: October 28, 2015
Removal Date: December 11, 2015

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THE GILLAM LAW FIRM
CAROL L. GILLAM, SBN 102354
[e-mail]
SARA HEUM, SBN 288136
[e-mail]
10866 Wilshire Blvd., Suite 400
Los Angeles, California 90024
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs DELORES HUMES
And DIANE ABELLA and the Putative Class
HEATHER L. SHOOK, Bar No. 268716
[e-mail]
LITTLER MENDELSON, P.C.
633 West 5th Street, 63rd Floor
Los Angeles, CA 90071
Telephone: [phone]
Fax No.:
213.443.4299
Attorneys for Defendant
FIRST STUDENT, INC.

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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

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putative class (“Plaintiffs”), and Defendant FIRST STUDENT, INC. (“Defendant”),

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collectively “the Parties,” by and through their counsel of record, HEREBY

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STIPULATE AND AGREE to a continuance of the deadline for Plaintiff’s Motion

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for Class Certification (“motion”) and related briefing schedule, as follows:

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WHEREAS, on March 18, 2016, the Court issued a Preliminary Scheduling

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Order setting forth the briefing schedule for Plaintiffs’ forthcoming motion for class

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certification;

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WHEREAS, on August 17, 2016, the Parties stipulated to a revised briefing

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schedule regarding Plaintiffs’ forthcoming motion for class certification, and the

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Court entered an Order adopting said revised briefing schedule on August 19, 2016;

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WHEREAS, Plaintiffs served a First Set of Request for Production of
Documents on May 6, 2016;
WHEREAS, Defendant responded to Plaintiffs’ First Set of Request for
Production for Documents on June 23, 2016;
WHEREAS, Plaintiffs sent a meet and confer letter concerning Defendant’s
responses to Plaintiffs’ First Set of Production for Documents on August 1, 2016;
WHEREAS, Plaintiffs and Defendant then conferred a number of times
regarding what documents Defendant would ultimately produce;
WHEREAS, Defendant informed Plaintiffs on October 12, 2016, that 37

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bankers boxes of documents responsive to Plaintiff’s First Set of Request for

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Production of Documents would be made available at an off-site facility in

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Hayward, California, beginning on October 24, 2016;

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WHEREAS, Plaintiffs are in the process of engaging a copier and planning an
inspection date(s) for the documents at the Hayward facility;
WHEREAS, Plaintiffs intend to use the documents at the Hayward facility as
part of their prove-up for the motion for class certification;

WHEREAS, Plaintiffs’ present deadline to move for class certification is

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November 18, 2016;
WHEREAS, Plaintiffs will require additional time between the document

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inspection date and the class certification motion deadline in order to meaningfully

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incorporate the information gleaned from said documents into their moving papers;

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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

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interests of the Parties;

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///

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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: December 23, 2016

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Class Certification Opposition:

February 24, 2017

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Class Certification Reply:

May 19, 2017

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Class Certification Discovery Cutoff:

May 19, 2017

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Class Certification Hearing:

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

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IT IS SO STIPULATED.

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DATED: October 31, 2016

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By: _[see separate attachment, L.R. 131(e)]
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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LAW OFFICES OF THOMAS W. FALVEY
THE GILLAM LAW FIRM

DATED: October 31, 2016

LITTLER MENDELSON, P.C.
By: _[see separate attachment, L.R. 131(e)]
THEODORE R. SCOTT
DAVID J. DOW
O. MISHELL P. TAYLOR
HEATHER L. SHOOK
Attorneys for Defendant
FIRST STUDENT, INC.

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[PROPOSED] ORDER

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The Court, having considered the parties’ Stipulation to Continue the Class

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Certification Deadlines, finds that good cause exists to continue the motion for class

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certification and related filings to the following dates:

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Class Certification Motion Filing Deadline: December 23, 2016

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Class Certification Opposition:

February 24, 2017

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Class Certification Reply:

May 19, 2017

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Class Certification Discovery Cutoff:

May 19, 2017

Class Certification Hearing:

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

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IT IS SO ORDERED.

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Dated:

November 1, 2016

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE