Mitchell v. Skyline Homes

Filing 113

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 7/1/2011 ORDERING 109 Close of class certification discovery due by 10/11/2011; and Motion for class certification due by 12/20/2011. (Reader, L)

1
2
3
4
5
6
7
8
9
10
11

Jeff D. Friedman (173886)
Shana E. Scarlett (217895)
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Steve W. Berman (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs
[Additional Counsel Listed on Signature Page]

12

UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA

14

SACRAMENTO DIVISION

15
16

CHRISTINA MITCHELL, DAWN WRIGHT
AND JERRY WRIGHT, Individually and on
behalf of all others similarly situated,

17

Plaintiffs,

18
19

v.
SKYLINE HOMES, INC.,

20

Defendant.

21
22
23
24
25
26
27
28
010153-11 456003 V1

)
)
)
)
)
)
)
)
)
)
)
)

No. 2:09-CV-02241-GGH (TEMP)
STIPULATION AND ORDER
EXTENDING TIME FOR PLAINTIFFS’
MOTION FOR CLASS
CERTIFICATION AND OTHER CASE
DEADLINES

ACTION FILED: June 29, 2009

1

WHEREAS Plaintiffs filed the complaint in this action on June 29, 2009;

2

WHEREAS on June 4, 2010, Plaintiffs filed their Second Amended Complaint;

3

WHEREAS on September 24, 2010, Judge Mueller granted in part and denied in part

4

the motion to dismiss;

5

WHEREAS on October 12, 2010, Skyline Homes, Inc. (“Skyline”) filed its answer to

6

the Second Amended Complaint, and on December 3, 2010, filed its amended answer to the

7

Second Amended Complaint;

8

WHEREAS on October 13, 2010, the parties held a status conference before Judge

9

Mueller, wherein the Defendant represented that it would have completed its production of

10

documents in response to Plaintiffs’ initial document production requests by November 19,

11

2010;

12

WHEREAS Plaintiffs agreed to the class certification deadlines based on Defendant’s

13

representation that it would have completed its initial production of documents by November

14

19, 2010;

15

WHEREAS after motion practice, on June 16, 2011, this Court ordered that Defendant

16

produce certain Rule 30(b)(6) witnesses for depositions within 45 days, or by August 1, 2011,;

17
18

WHEREAS the current close of discovery for issues related to class certification is
August 2, 2011;

19

WHEREAS pursuant to Federal Rule of Civil Procedure 6(b) and subject to approval by

20

the Court, the parties stipulate to an extension of time on the close of discovery relating to class

21

certification and the last day for filing of Plaintiffs’ motion for class certification for 90 days;

22

and

23
24

WHEREAS the parties previously requested any extension of the schedule on April 5,
2011, and it was approved by this Court on April 18, 2011;

25

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between

26

the undersigned counsel for Plaintiffs and counsel for Defendant, subject to the approval of the

27

Court that the existing scheduling order shall be modified as follows:
-1-

28
STIP. AND [PROP.] ORD. RE CLASS CERT. SCHEDULE –
010153-11 456003 V1
Case No. 2:09-CV-02241-GGH (TEMP)

1
2
3
4
5

Event

Current Schedule

Proposed Schedule

Close of class certification
discovery

August 2, 2011

October 11, 2011

Motion for class certification

October 11, 2011

December 20, 2011

6
7

Dated: June 27, 2011

HAGENS BERMAN SOBOL SHAPIRO LLP

8
By

9
10

/s/ Shana E. Scarlett
SHANA E. SCARLETT

Jeff D. Friedman (173886)
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

11
12
13
14

Steve W. Berman (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

15
16
17
18

Eugene P. Haydu (136174)
LAW OFFICE OF EUGENE P. HAYDU
965 University Avenue, Suite 222
Sacramento, CA 95825-6736
Telephone: [phone]
Facsimile: [phone]
[e-mail]

19
20
21
22

25

Craig G. McIntosh, Esq. (37596)
LAW OFFICE OF CRAIG G. MCINTOSH
3017 Douglas Boulevard, Suite 300
Roseville, CA 95661
Telephone: [phone]
Facsimile: [phone]
[e-mail]

26

Attorneys for Plaintiffs

23
24

27
28

STIP. AND [PROP.] ORD. RE CLASS CERT. SCHEDULE –
Case No. 2:09-CV-02241-GGH (TEMP)
010153-11 456003 V1

-2-

1

Dated: June 27, 2011

TUCKER ELLIS & WEST LLP

2

By

3
4

/s/ Samantha Tisdale
(as authorized on June 27, 2011)
SAMANTHA TISDALE

Matthew I. Kaplan (177242)
515 South Flower Street, Forty-Second Floor
Los Angeles, California 90071-2223
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

5
6
7
8

Daniel J. Kelly
Sara K. Beede (258425)
TUCKER ELLIS & WEST LLP
135 Main Street, Ste. 700
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

9
10
11
12
13
14

Attorneys for Defendant
Skyline Homes, Inc.

15
16
17
18

IT IS SO ORDERED.
DATED:

July, 1, 2011

19

s/s Gregory G. Hollows
MAGISTRATE JUDGE GREGORY G. HOLLOWS
UNITED STATES DISTRICT COURT MAGISTRATE

20
21
22
23
24
25
26
27
28

STIP. AND [PROP.] ORD. RE CLASS CERT. SCHEDULE –
Case No. 2:09-CV-02241-GGH (TEMP)
010153-11 456003 V1

-3-

1
2

CERTIFICATE OF SERVICE
I hereby certify that on June 27, 2011, I electronically filed the foregoing with the Clerk of

3

the Court using the CM/ECF system which will send notification of such filing to the e-mail

4

addresses registered, as denoted on the attached Electronic Mail Notice List, and I hereby certify

5

that I have mailed the foregoing document or paper via the United States Postal Service to the non-

6

CM/ECF participants indicated on the attached Manual Notice List.

7
/s/ Shana E. Scarlett
SHANA E. SCARLETT

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIP. AND [PROP.] ORD. RE CLASS CERT. SCHEDULE –
Case No. 2:09-CV-02241-GGH (TEMP)
010153-11 456003 V1

-4-