Keith Komarnicki v. LinkUs Enterprises, LLC et al

Filing 61

STIPULATION and ORDER to MODIFY PLAINTIFF'S CLASS CERTIFICATION DISCOVERY DEADLINE AND BRIEFING SCHEDULE. Class certification discovery cut-off: 9/26/2018. Class certification motion filing: 11/20/2018. Class certification motion op position filing: 12/20/2018. Class certification motion reply filing: 1/21/2019. Class Certification Motion Hearing set for 2/19/2019, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The Mid-Discovery Status Conference currently set for 1/17/2019, is CONTINUED to 4/23/2019, at 10:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. signed by Magistrate Judge Sheila K. Oberto on 5/22/2018. (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,

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Plaintiff,
v.
LINKUS ENTERPRISES, LLC, LINKUS
ENTERPRISES, INC., LINKUS CA, DISH
NETWORK SERVICE CORPORATION,
DISH NETWORK CALIFORNIA SERVICE
CORPORATION, and DOES 1-50, inclusive,

Case No. 1:16-cv-01602-DAD-SKO
JOINT STIPULATION TO MODIFY
PLAINTIFF’S CLASS CERTIFICATION
DISCOVERY DEADLINE AND
BRIEFING SCHEDULE; ORDER
(Doc. 60)
Date Removed: October 21, 2016
Judge: Sheila K. Oberto

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Defendants.
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STIPULATION TO MODIFY PLAINTIFF’S CLASS CERTIFICATION DISCOVERY DEADLINE AND BRIEFING
SCHEDULE; ORDER
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]
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

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

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Pursuant to Local Rule 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.,

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and Dish Network California Service Corporation (the latter two Defendants are referred to jointly as

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“Dish Network,” LinkUs and Dish Network are referred to collectively as “Defendants”), based upon

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the following facts:

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WHEREAS, Plaintiff’s case was removed to this Court on October 21, 2016, and Plaintiff
filed his First Amended Complaint on April 19, 2017;

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WHEREAS, Plaintiff served his written discovery requests to Defendant on April 14, 2017.

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Multiple extensions for Defendants’ deadline to respond to Plaintiff’s written discovery were granted,

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and Defendants were ultimately relieved of their obligation to respond to Plaintiff’s discovery until

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LinkUs’s motion to stay was resolved;

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WHEREAS, after extensive meet and confer efforts involving multiple telephone conferences

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and numerous letters and emails, the Parties have executed a proposed Stipulated Protective Order and

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Clawback Agreement, Defendants have begun production of documents that do not involve

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electronically stored information (“ESI”), and the Parties anticipate that production of Defendants’

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electronically stored information will begin shortly;

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WHEREAS, the Parties are currently engaged in additional meet and confer to finalize the
scope and mechanics of the ESI productions;

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WHEREAS, in addition to written discovery, the Parties will also require the taking of

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depositions prior to Plaintiff’s class certification motion and after the Parties have reviewed written

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discovery;

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WHEREAS, this Court entered an amended scheduling order on January 22, 2018 (Doc. 57)

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setting deadlines of June 26, 2018 for the completion of class certification discovery; August 27, 2018

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for Plaintiff to file his motion for class certification; September 25, 2018 for Defendants to oppose the

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motion for class certification; October 22, 2018 for Plaintiff to reply in support of the motion for class

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certification; along with a hearing date for the motion for class certification of November 20, 2018 at

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__________________________________________________________________________________________________
STIPULATION TO MODIFY PLAINTIFF’S CLASS CERTIFICATION DISCOVERY DEADLINE AND BRIEFING
SCHEDULE; ORDER
Komarnicki v. LinkUs Enterprises, LLC, et al.; Case No. 1:16-cv-01602-DAD-SKO
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9:30 a.m. before U.S. District Judge Dale A. Drozd and a mid-discovery status conference on January

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17, 2019 before U.S. Magistrate Judge Sheila K. Oberto, pursuant to the Parties’ stipulation;

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WHEREAS, the Parties agree that additional time is required to conduct class certification

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

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Parties’ and the Court’s resources by crystalizing the scope of claims before engaging in class

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certification briefing;

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WHEREAS, this Stipulation is not entered for dilatory or any other improper purpose, and will
not result in prejudice to any party if granted;
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 June
26, 2018, is CONTINUED to September 26, 2018;
2. The deadline for Plaintiff to file his motion for class certification, currently set for
August 27, 2018, is CONTINUED to November 20, 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 September 25, 2018, is CONTINUED TO December

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20, 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 October 22, 2018, is CONTINUED to January 21, 2019;

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5. The hearing on Plaintiff’s motion for class certification, currently set November 20,

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2018, is CONTINUED to February 19, 2019, at 9:30 a.m. in Courtroom 5 before the

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Honorable Dale A. Drozd, U.S. District Judge.

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IT IS SO STIPULATED

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Respectfully Submitted,

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/s/ Carolyn Hunt Cottrell
Carolyn Hunt Cottrell (SBN 166977)
SCHNEIDER WALLACE
COTTRELL KONECKY WOTKYNS LLP
2000 Powell Street, Suite 1400

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__________________________________________________________________________________________________
STIPULATION TO MODIFY PLAINTIFF’S CLASS CERTIFICATION DISCOVERY DEADLINE AND BRIEFING
SCHEDULE; ORDER
Komarnicki v. LinkUs Enterprises, LLC, et al.; Case No. 1:16-cv-01602-DAD-SKO
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Emeryville, California 94608
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff and the proposed Class

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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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LITTLER MENDELSON, P.C.

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By:

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/s/ Marlene S. Muraco
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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__________________________________________________________________________________________________
STIPULATION TO MODIFY PLAINTIFF’S CLASS CERTIFICATION DISCOVERY DEADLINE AND BRIEFING
SCHEDULE; ORDER
Komarnicki v. LinkUs Enterprises, LLC, et al.; Case No. 1:16-cv-01602-DAD-SKO
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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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60), and good cause appearing pursuant to Fed. R. Civ. P. 16(b)(4), the Court hereby GRANTS the

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stipulation and modifies its January 22, 2018 order (Doc. 57) 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

CURRENT DATE
June 26, 2018
August 27, 2018
September 25, 2018
October 22, 2018

Class certification motion hearing

November 20, 2018

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NEW DATE
September 26, 2018
November 20, 2018
December 20, 2018
January 21, 2019
February 19, 2019, at
9:30 a.m. (before the
Honorable Dale A.
Drozd, U.S. District
Judge, in Courtroom 5)

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To allow the Court the opportunity to rule on Plaintiff’s class certification motion, the middiscovery status conference currently set for January 17, 2019, is hereby CONTINUED to April 23,
2019, at 10:15 A.M. in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.

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Dated:

May 22, 2018

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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