Humes, et al. v. First Student Inc.

Filing 32

Joint STIPULATION to Continue Motion for Class Certification Deadlines; ORDER: (1) Class Certification Opposition: March 24, 2017. (2) Class Certification Reply: June 15, 2017. (3) Class Certification Discovery Cutoff: June 15, 2017. (4) RESET MOTION HEARING as to (Doc. 30) - MOTION to CERTIFY CLASS is continued from 6/9/2017 to July 7, 2017 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 2/22/2017. (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 DEADLINES;
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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JOINT STIPULATION TO CONT. MOTION FOR CLASS CERT. DEADLINES

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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 December 23, 2016, Plaintiffs filed their Motion for Class
Certification; and
WHEREAS, since Plaintiffs filed their Motion for Class Certification the

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parties have been diligently working to schedule depositions for Plaintiffs and

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putative class members who submitted declarations in support of Plaintiffs’ Motion

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for Class Certification; and

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WHEREAS, Defendant must complete those depositions in order to fully and
adequately respond to Plaintiffs’ Motion for Class Certification; and
WHEREAS, those depositions are scheduled for completion the week of
February 20, 2017;
WHEREAS, after completing those depositions, Defendant will require

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additional time to obtain copies of the transcripts and prepare its opposition to the

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Motion for Class Certification;

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WHEREAS, the depositions will not be completed in sufficient time for

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Defendant to be able to prepare and file its Opposition to the Motion for Class

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Certification by the current deadline of February 24, 2017; and

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WHEREAS, the parties twice stipulated to continue the deadline for Plaintiffs

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to file their Motion for Class Certification in order to provide Plaintiffs sufficient

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time to complete discovery before filing said Motion; and

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WHEREAS, no trial date has been set; and
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JOINT STIPULATION TO CONT. MOTION FOR CLASS CERT. DEADLINES

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WHEREAS, this Stipulation will promote judicial economy and is in the
interests of the Parties;
The Parties accordingly stipulate and request that the briefing scheduling and
hearing date for Plaintiffs’ Motion for Class Certification be modified as follows:

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Class Certification Opposition:

March 24, 2017

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Class Certification Reply:

June 15, 2017

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Class Certification Discovery Cutoff:

June 15, 2017

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Class Certification Hearing:

July 7, 2017
Time: 9:00 a.m.
Dept: 8 (BAM)

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IT IS SO STIPULATED.

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DATED: February 21, 2017

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By: _/s/ Michael Boyamian (as authorized
on 2/21/17)
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: February 21, 2017

LITTLER MENDELSON, P.C.
By: _/s/ David J. Dow________________
THEODORE R. SCOTT
DAVID J. DOW
O. MISHELL P. TAYLOR
HEATHER L. SHOOK
Attorneys for Defendant
FIRST STUDENT, INC.

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JOINT STIPULATION TO CONT. MOTION FOR CLASS CERT. DEADLINES

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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 Opposition:

March 24, 2017

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Class Certification Reply:

June 15, 2017

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Class Certification Discovery Cutoff:

June 15, 2017

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Class Certification Hearing:

July 7, 2017
Time: 9:00 a.m.
Dept: 8 (BAM)

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 22, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION TO CONT. MOTION FOR CLASS CERT. DEADLINES