Snyder et al v. Tamko Building Products, Inc.

Filing 71

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/17/16 ORDERING that the hearing on both the 68 Motion to Dismiss and the 66 Motion to Strike is CONTINUED to 11/17/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Benson, A)

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JOHN H. BEISNER (pro hac vice)
JESSICA D. MILLER (pro hac vice)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
1440 New York Avenue, N.W
Washington, D.C. 20005-2111
T: 202.371.7850
F: 202.661.0525
RICHARD T. BERNARDO (pro hac vice)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
Four Times Square
New York, NY 0036-6522
T: 212.735.3453
F: 917.777.3453
M: 917-626-4686
CHARLES S. PAINTER (SBN 89045)
GRAHAM M. CRIDLAND (SBN 243646)
ERICKSEN ARBUTHNOT
100 Howe Avenue, Suite 110 South
Sacramento, CA 95825-8201
[phone] Telephone
[phone] Facsimile
Attorneys for Defendant, TAMKO BUILDING PRODUCTS, INC.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
JEFFREY SNYDER, MARTIN and BETH
)
MELNICK, LIA LOUTHAN, and
)
SUMMERFIELD GARDENS
)
CONDOMINIUM on behalf of themselves and )
all others similarly situated,
)
)
Plaintiffs,
)
)
v.
)
)
TAMKO BUILDING PRODUCTS, INC., a )
Missouri Corporation,
)
)
Defendant.
)
)
___________________________________ )

Case No.: 1:15-CV-01892-TLN-KJN
STIPULATION AND ORDER TO
CONTINUE DEFENDANT’S MOTION
TO DISMISS AND MOTION TO STRIKE

WHEREAS, Plaintiffs’ Amended Complaint was served on May 6, 2016.

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STIPULATION AND ORDER CONTINUING HEARINGS ON MOTION TO DISMISS AND MOTION TO STRIKE
16-009/PLEADING.010
- 1 GMC:

WHEREAS, on September 2, 2016, Defendant TAMKO BUILDING PRODUCTS,

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INC., filed its Motion to Dismiss the Amended Complaint (“Motion to Dismiss”) and

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Motion to Strike Class Allegations Based on Rule 23(d)(1)(D) (“Motion to Strike”)
WHEREAS, the hearing on those motions was set for November 3, 2016 at 2:00

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p.m.
WHEREAS, Defendant has requested, and the Plaintiff has agreed not to oppose, a
continuance of hearing on both motions from November 3, 2016 to November 17, 2016.
COME NOW, Plaintiffs, JEFFREY SNYDER, MARTIN and BETH MELNICK,
LIA LOUTHAN, and SUMMERFIELD GARDENS CONDOMINIUM, by and through

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their attorneys of record and Defendant, TAMKO BUILDING PRODUCTS, INC., by and

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through its attorneys of record and stipulate that the Motion to Dismiss and Motion to

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Strike presently set for hearing on November 3, 2016 at 2:00 p.m. be continued and set for

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hearing on November 17, 2016 at 2:00 p.m.

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DATED: October 14, 2016
ERICKSEN ARBUTHNOT

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By

/s/ GRAHAM M. CRIDLAND as authorized
on October 14, 2016
CHARLES S. PAINTER
GRAHAM M. CRIDLAND
100 Howe Avenue, Suite 110 South
Sacramento, CA 95825-8201
[phone] Telephone
[phone] Facsimile
[e-mail]
[e-mail]
JOHN H. BEISNER (pro hac vice)
JESSICA D. MILLER (pro hac vice)
RICHARD BERNARDO (pro hac vice)
SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP
1440 New York Avenue, N.W
Washington, D.C. 20005-2111
T: 202.371.7850
F: 202.661.0525

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Attorneys for Defendant, TAMKO
BUILDING PRODUCTS, INC.

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STIPULATION AND ORDER CONTINUING HEARINGS ON MOTION TO DISMISS AND MOTION TO STRIKE
16-009/PLEADING.010
- 2 GMC:

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DATED:

October 14, 2016

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BERGER & MONTAGUE, P.C.

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/s/ Jacob M. Polakoff as authorized on
October 14, 2016

By

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Shanon J. Carson, admitted pro hac vice
Lawrence Deutsch, admitted pro hac vice
Jacob M. Polakoff, admitted pro hac vice
1622 Locust Street
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
RICHARD N. SIEVING, ESQ.
LUKE G. PEARS-DICKSON, ESQ.
THE SIEVING LAW FIRM, A.P.C.
100 Howe Avenue, Suite 220N
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Charles E. Schaffer, admitted pro hac vice
LEVIN, FISHBEIN, SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs, JEFFREY SNYDER,
MARTIN and BETH MELNICK, LIA
LOUTHAN, and SUMMERFIELD
GARDENS CONDOMINIUM on behalf of
themselves and all others similarly situated.

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IT IS SO ORDERED.
Dated: October 17, 2016
Troy L. Nunley
United States District Judge
STIPULATION AND ORDER CONTINUING HEARINGS ON MOTION TO DISMISS AND MOTION TO STRIKE
16-009/PLEADING.010
- 3 GMC: