Keith Komarnicki v. LinkUs Enterprises, LLC et al

Filing 57

STIPULATION and ORDER to MODIFY Plaintiff's Class Certification Discovery Deadline and Briefing Schedule. Class certification discovery cut-off: 6/26/2018. Class certification motion filing: 8/27/2018. Class certification motion opposition filing: 9/25/2018. Class certification motion reply filing: 10/22/2018. Class certification motion hearing: 11/20/2018. Order signed by Magistrate Judge Sheila K. Oberto on 1/19/2018. (Timken, A)

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Carolyn Hunt Cottrell (SBN 166977)
David C. Leimbach (SBN 265409)
SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS LLP
2000 Powell Street, Suite 1400
Emeryville, California 94608
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Additional Counsel on the following page

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Attorneys for Plaintiff and the proposed Class

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEITH KOMARNICKI, on behalf of himself
and all others similarly situated,
Plaintiffs,
v.

Case No. 1:16-cv-01602-DAD-SKO
JOINT STIPULATION AND ORDER TO
MODIFY PLAINTIFF’S CLASS
CERTIFICATION DISCOVERY
DEADLINE AND BRIEFING SCHEDULE

LINKUS ENTERPRISES, LLC, LINKUS
ENTERPRISES, INC., LINKUS CA, DISH
(Doc. 56)
NETWORK SERVICE CORPORATION,
DISH NETWORK CALIFORNIA SERVICE
CORPORATION, and DOES 1-50, inclusive, Date Removed: October 21, 2016
Judge: Sheila K. Oberto
Defendants.

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STIPULATION AND ORDER TO MODIFY PLAINTIFF’S CLASS CERTIFICATION DISCOVERY DEADLINE
AND BRIEFING SCHEDULE
Komarnicki v. LinkUs Enterprises, LLC, et al.; Case No. 1:16-cv-01602-DAD-SKO

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Sarah R. Schalman-Bergen (pro hac vice)
Camille Fundora (pro hac vice)
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, Pennsylvania 19103
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff and the proposed Class

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S. BRETT SUTTON 143107
[e-mail]
JARED HAGUE 251517
[e-mail]
JUSTIN VECCHIARELLI 298684
[e-mail]
SUTTON HAGUE LAW CORPORATION
5200 N. Palm Avenue, Suite 203
Fresno, California 93704
Telephone: [phone]
Attorneys for Defendant
LINKUS ENTERPRISES, LLC
MARLENE S. MURACO, Bar No. 154240
NEDA N. DAL CIELO, Bar No. 161982
JOSE MACIAS, JR., Bar No. 265033
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone: [phone]
Facsimile: 408.288.5686
Attorneys for Defendants
DISH NETWORK SERVICE CORPORATION
and DISH NETWORK CALIFORNIA SERVICE
CORPORATION

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STIPULATION AND ORDER TO MODIFY PLAINTIFF’S CLASS CERTIFICATION DISCOVERY DEADLINE
AND BRIEFING SCHEDULE
Komarnicki v. LinkUs Enterprises, LLC, et al.; Case No. 1:16-cv-01602-DAD-SKO

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Pursuant to Local Rules 143, this Stipulation is entered into by and between Plaintiff Keith
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Komarnicki (“Plaintiff”), Defendants LinkUs Enterprises, LLC, (“LinkUs”), DISH Network L.L.C.,
and Dish Network California Service Corporation (the latter two Defendants are referred to jointly as
“Dish Network,” LinkUs and Dish Network are referred to collectively as “Defendants”), based upon
the following facts:
WHEREAS, Plaintiff’s case was removed to this Court on October 21, 2016, and Plaintiff filed
his First Amended Complaint on April 19, 2017;
WHEREAS, Plaintiff served his written discovery requests to Defendant on April 14, 2017,
and agreed to multiple extensions for Defendants’ deadline to respond to Plaintiff’s written discovery
until after Defendants’ motion to stay was resolved;
WHEREAS, after Defendant’s motion to stay was denied, on August 23, 2017, this Court
entered an amended scheduling order providing a a deadline of February 26, 2018 for the completion
of class certification discovery; and a briefing schedule on Plaintiff’s class certification motion, which
set Plaintiff’s deadline to file his motion for class certification on April 27, 2018; Defendant’s deadline
to file an opposition on May 25, 2018; Plaintiff’s deadline to file a reply on June 22, 2018; and the
Court’s hearing on Plaintiff’s class certification motion is scheduled for July 17, 2018;
WHEREAS, the Parties are currently in the midst of exchanging responses to written
discovery, and are actively meeting and conferring over multiple outstanding discovery issues;
WHEREAS, the Parties are currently in the midst of meeting and conferring over the terms of
a stipulated protective order with respect to the Parties’ exchange of written discovery;
WHEREAS, in addition to written discovery, the Parties will also require the taking of
depositions prior to Plaintiff’s class certification motion. The Parties are meeting and conferring over
the scheduling of Plaintiff’s deposition and a Rule 30(b)(6) deposition.

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WHEREAS, Plaintiff contends that the discovery outlined above will potentially conserve both

2 the Parties’ and the Court’s resources by crystalizing the scope of claims before engaging in class
3 certification briefing;
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WHEREAS, this Stipulation is not entered for dilatory or any other improper purpose, and will

5 not result in prejudice to any party if granted;
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NOW THEREFORE, based on the foregoing, the Parties hereby stipulate as follows:
1. The deadline for the completion of class certification discovery, currently set for
February 26, 2018, is is CONTINUED to June 26, 2018;
2. The deadline for Plaintiff to file his motion for class certification, currently set for April
27, 2018, is CONTINUED to August 27, 2018;

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3. The deadline for Defendants to file an opposition to Plaintiff’s class certification

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motion, if any, currently set for May 25, 2018, is CONTINUED TO September 25,

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2018;

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4. The deadline for Plaintiff’s reply in support of Plaintiff’s class certification motion, if
any, currently set for June 22, 2018, is CONTINUED to October 22, 2018;

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5. The hearing on Plaintiff’s motion for class certification, currently set July 17, 2018, is

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CONTINUED to November 20, 2018, at 9:30 a.m. in Courtroom 7 before the

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Honorable Sheila K. Oberto, United States Magistrate Judge.

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IT IS SO STIPULATED

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Date: January 17, 2018

Respectfully Submitted,

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/s/ Carolyn H. Cottrell___________________
Carolyn Hunt Cottrell (SBN 166977)
SCHNEIDER WALLACE
COTTRELL KONECKY WOTKYNS LLP
2000 Powell Street, Suite 1400
Emeryville, California 94608
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff and the proposed Class

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__________________________________________________________________________________________________

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SUTTON HAGUE LAW CORPORATION, P.C.

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By:

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/s/ S. Brett Sutton _________
S. BRETT SUTTON
Attorneys for Defendants
LINKUS ENTERPRISES, LLC

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8 DATED: January 17, 2018

LITTLER MENDELSON, P.C.

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By:

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/s/ Jose Macias, Jr. ___________________
MARLENE S. MURACO
NEDA N. DAL CIELO
JOSE MACIAS, JR.
Attorneys for Defendants
DISH NETWORK SERVICE CORPORATION
AND DISH NETWORK CALIFORNIA
SERVICE CORPORATION

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__________________________________________________________________________________________________

ORDER

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Based on the parties’ above-stipulation to modify the class certification briefing schedule (Doc.

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3 56), and good cause appearing pursuant to Fed. R. Civ. P. 16(b)(4), the Court hereby GRANTS the
4 stipulation and modifies its August 23, 2017, order (Doc. 54) as follows:
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EVENT
Class certification discovery cut-off
Class certification motion filing
Class certification motion opposition filing
Class certification motion reply filing
Class certification motion hearing

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NEW DATE
June 26, 2018
August 27, 2018
September 25, 2018
October 22, 2018
November 20, 20181

To allow the Court the opportunity to rule on Plaintiff’s class certification motion, the middiscovery status conference currently set for September 25, 2018, is hereby VACATED and RESET
for January 17, 2019.

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CURRENT DATE
February 26, 2018
April 27, 2018
May 25, 2018
June 22, 2018
July 17, 2018

These extensions do not alter any other scheduling deadlines, as no other deadlines or dates
have been set in this matter.

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15 IT IS SO ORDERED.
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Dated:

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January 19, 2018

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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The parties indicate in their stipulation that Plaintiff’s motion for class certification will be heard before the undersigned.
The motion will be heard before U.S. District Court Judge Dale A. Drozd at 9:30 a.m. in Courtroom 5.

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