Kress et al v. PriceWaterhouse Coopers, LLP

Filing 48

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 1/26/09 ORDERING this Stipulation Order APPROVED and entered by the Court, and that pltfs' initial collective certification motion as to a putative class A of Associates in the Attest division of PwC's Assurance line of service in the United States shall be filed on 4/20/09. The time periods for the filing of opposition andreply briefs, and all other dates regarding the prosecution of this action, shall remain the same as set forth in the Court's 12/16/08 Status Conference Order.(Carlos, K)

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NORMAN C. HILE (SBN 57299) [e-mail] JULIE A. TOTTEN (SBN 166470) [e-mail] DAVID A. PRAHL (SBN 233583) [e-mail] ANDREA L. BROWN (SBN. 237629) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall Sacramento, CA 95814-4497 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant PRICEWATERHOUSECOOPERS LLP

EDWARD WYNNE (SBN 165819) WYNNE LAW FIRM 100 Drakes Landing Road, Suite 275 Greenbrae, CA 94904 Telephone: [phone] Facsimile: 415-461-3900 WILLIAM A. BAIRD (SBN 192675) MILSTEIN, ADELMAN & KREGER, LLP 2800 Donald Douglas Loop North Santa Monica, CA 90405 Telephone: [phone] Facsimile: 310-396-9635 Attorneys for Plaintiffs

GERALD D. WELLS, III (SBN 257496) BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP 280 King of Prussia road Radnor, PA 19087 Telephone: [phone] Facsimile: 610-667-7056 STEVEN ELSTER (SBN 227545) LAW OFFICE OF STEVEN ELSTER 785/E2 Oak Grove Road, #201 Concord, CA 94518 Telephone: [phone] Facsimile: 925-945-1276

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

SAMUEL BRANDON KRESS, et al., Plaintiffs, v. PRICEWATERHOUSECOOPERS LLP, Defendant.

Case No. 08-CV-00965 LKK/GGH STIPULATION AND ORDER EXTENDING TIME FOR PLAINTIFFS TO FILE COLLECTIVE CERTIFICATION MOTION

OHS West:260586292.1

STIPULATION AND ORDER EXTENDING TIME FOR FILING OF CERTIFICATION MOTION 08-CV-00965 LKK/GGH

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STIPULATION WHEREAS, on December 16, 2008, the Court issued a Status Conference Order directing Plaintiffs Samuel Brandon Kress, Lac Ahn Le, Jason Patterson, Lauren San Mateo, James Stekelberg, Jeffrey Laberge, Willow Markham, Dana Blindbury, Jesse Kenny, Kelly C. Jones, and Antoine Powell (collectively, Plaintiffs) to file their initial Fair Labor Standards Act ("FLSA") collective certification motion as to a putative nationwide class of Associates in Defendant PricewaterhouseCoopers LLP's ("PwC") Assurance line of service on March 20, 2009; WHEREAS, the parties have propounded discovery relating to Plaintiffs' initial collective certification motion and are presently engaged in the process of responding to such discovery; WHEREAS, Defendant has requested additional time to respond to Plaintiffs' discovery requests and the parties have met and conferred and agree that additional time is necessary in order for discovery relating to Plaintiffs' initial collective certification motion to be completed; WHEREAS, the parties have met and conferred and agree that, as a result of the additional time needed to complete certification-related discovery, an extension of the briefing schedule on Plaintiffs' initial collective certification motion is warranted; WHEREAS, the parties have met and conferred and agree that the date on which Plaintiffs shall file their initial collective certification motion should be extended from March 20, 2009 to April 20, 2009; WHEREAS, the parties have met and conferred and clarified that Plaintiffs' initial collective certification motion will seek collective certification as to a putative class of Associates in the Attest division of PwC's Assurance line of service in the United States; WHEREAS, the parties have met and conferred and agree that the time periods for the filing of opposition and reply briefs, and all other dates regarding the prosecution of this action, shall remain the same as set forth in the Court's December 16, 2008 Status Conference Order. ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and PwC, by and through their respective undersigned counsel, that this stipulated order be approved and entered by the Court, and that Plaintiffs' initial collective certification motion as to a putative class of Associates in the Attest division of PwC's Assurance line of service in the
OHS West:260586292.1

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STIPULATION AND ORDER EXTENDING TIME FOR FILING OF CERTIFICATION MOTION 08-CV-00965 LKK/GGH

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United States shall be filed on April 20, 2009. The time periods for the filing of opposition and reply briefs, and all other dates regarding the prosecution of this action, shall remain the same as set forth in the Court's December 16, 2008 Status Conference Order. IT IS HEREBY STIPULATED. Dated: January 23, 2009 JULIE A. TOTTEN NORMAN C. HILE DAVID A. PRAHL ANDREA L. BROWN Orrick, Herrington & Sutcliffe LLP

/s/ Julie A. Totten JULIE A. TOTTEN Attorneys for Defendant PricewaterhouseCoopers LLC Dated: January 23, 2009 Edward Wynne WYNNE LAW FIRM Alan R. Plutzik BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP Wayne S. Kreger MILSTEIN, ADELMAN & KREGER, LLP William A. Baird MILSTEIN, ADELMAN & KREGER, LLP Steven Elster LAW OFFICE OF STEVEN ELSTER

/s/ Gerald D. Wells, III GERALD D. WELLS, III Attorneys for Plaintiffs ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: January 26, 2009

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STIPULATION AND ORDER EXTENDING TIME FOR FILING OF CERTIFICATION MOTION 08-CV-00965 LKK/GGH

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