Hamidi et al v. Service Employees International Union Local 1000 et al

Filing 45

STIPULATION and ORDER 44 signed by Senior Judge William B. Shubb on 4/10/2015 resetting the 22 Motion for Class Certification and Appointment of Class Counsel for 5/18/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Any reply in support of Plaintiffs' class certification motion shall be filed and served, as per the Local Rules, on or before 5/8/2015. (Kirksey Smith, K)

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W. JAMES YOUNG, Esq.
c/o National Right to Work Legal
Defense Foundation, Inc.
8001 Braddock Road, Suite 600
Springfield, Virginia 22160
[phone]
STEVEN R. BURLINGHAM, Esq.
California Bar No. 88544
Gary, Till & Burlingham
5330 Madison Avenue, Suite F
Sacramento, California 95841
[phone]
Facsimile — [phone]

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ATTORNEYS FOR PLAINTIFFS AND
THE CLASS THEY SEEK TO REPRESENT

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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KOUROSH KENNETH HAMIDI, et al., AND
THE CLASS THEY SEEK TO REPRESENT

CLASS ACTION
Plaintiffs,

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v.

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SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 1000, AND JOHN CHIANG, Controller,
State of California;

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CASE NO. 2:14-CV-319-GEB-KJN

STIPULATION TO CONTINUE HEARING
DATE ON, AND SET BRIEFING SCHEDULE
FOR, PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION; PROPOSED ORDER
THEREON

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Defendants.

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TO THE COURT:

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The parties to the above-captioned case hereby submit the following stipulation to

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continue the hearing date on Plaintiffs’ previously-noticed Motion for class certification from 20

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STIPULATION TO CONTINUE HEARING DATE --- Hamidi v. SEIU Local 1000

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April 2015, and to set a briefing schedule for the filing and service of the reply brief thereon.
WHEREAS, on 15 August 2014, Plaintiffs noticed their motion for class certification to

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be heard on 22 September 2014;
WHEREAS, the parties to the above-captioned case had previously agreed that, after

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Plaintiffs noticed that motion, the hearing on the motion would be stayed to permit Defendants to

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conduct discovery relevant to the class certification issue, and so informed the Court in their

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Revised Joint Status Report, Doc. No. 20 at 3:15-18; and
WHEREAS, the parties to the above-captioned case had previously agreed to continue

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the originally-noticed hearing date and briefing schedule in order to provide the Plaintiffs

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additional time to respond to Defendant SEIU Local 1000’s written discovery requests and to

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provide Local 1000 sufficient time to depose the Plaintiffs after receiving their responses, and

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thus stipulated to postpone the hearing to 20 April 2015 (Docket Nos. 27 & 28); and
WHEREAS, due to the voluminous nature of Defendant SEIU Local 1000’s Opposition

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(Docket Nos. 39-42, inclusive), and the press of other matters including, but not limited to

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Plaintiffs’ counsel’s: (1) preparation and filing on this date of an opposition to a motion for a

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supersedeas (injunction pending appeal) filed and served on 1 April 2015, with the Pennsylvania

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Supreme Court; (2) oral argument before the United States Court of Appeals for the District of

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Columbia Circuit on 7 April 2015, in a case long-delayed by the United States Supreme Court’s

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consideration of and decision in National Labor Relations Board v. Noel Canning, 134 S.Ct.

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2550 (2014); and (3) unforeseen illness since the filing of Defendants’ Oppositions to the Motion

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(Docket Nos. 38-42, inclusive), the parties now wish to set a briefing schedule for reply on the

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class certification motion so that Plaintiffs will have sufficient time to prepare their reply;

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THEREFORE, the parties hereby stipulate as follows:

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1.

The hearing on Plaintiffs’ pending motion for class certification shall be

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continued from April 20, 2015, to May 18, 2015, at 2:00 p.m., the Court’s next available hearing

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date;

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2.

This stipulation shall constitute sufficient notice of that continuance, so that

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STIPULATION TO CONTINUE HEARING DATE --- Hamidi v. SEIU Local 1000

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Plaintiffs need not file an amended notice of motion.
3.

Any reply in support of Plaintiffs’ class certification motion shall be filed and

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served, as per the Local Rules, on or before May 8, 2015.

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DATED: 8 April 2015
Respectfully submitted,

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/s/ Steven R. Burlingham

/s/ Kim L. Nguyen (as authorized 4/9/15)

STEVEN R. BURLINGHAM, Esq.
California Bar No. 88544
Gary, Till & Burlingham
5330 Madison Avenue, Suite F
Sacramento, California 95841
[phone]
Facsimile — [phone]
[e-mail]

KAMALA D. HARRIS
Attorney General of California
MARK R. BECKINGTON
Supervising Deputy Attorney General
KIM L. NGUYEN
Deputy Attorney General
State Bar No. 209524
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
[e-mail]

/s/ W. James Young

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W. JAMES YOUNG, Esq.
c/o National Right to Work Legal
Defense Foundation, Inc.
8001 Braddock Road, Suite 600
Springfield, Virginia 22160
[phone]
Facsimile — [phone]
[e-mail]

ATTORNEYS FOR DEFENDANT CALIFORNIA STATE
CONTROLLER

ATTORNEYS FOR PLAINTIFFS AND
THE CLASS THEY SEEK TO REPRESENT

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STIPULATION TO CONTINUE HEARING DATE --- Hamidi v. SEIU Local 1000

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JEFFREY B. DEMAIN (SBN 126715)
EVE H. CERVANTEZ (SBN 164709)
P. CASEY PITTS (SBN 262463)
Altshuler Berzon LLP
177 Post Street, Suite 300
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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YORK J. CHANG (SBN 220450)
ANNE M. GIESE (SBN 143934)
SEIU Local 1000
1808 14th Street
Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]
[e-mail]
agiese@ seiu1000.org

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/s/ Jeffrey B. Demain (as authorized 4/9/15)

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ATTORNEYS FOR DEFENDANT SEIU
LOCAL 1000

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IT IS SO ORDERED.

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Dated: April 10, 2015

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STIPULATION TO CONTINUE HEARING DATE --- Hamidi v. SEIU Local 1000

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CERTIFICATE OF SERVICE
I, W. James Young, counsel for Plaintiffs, hereby certify that I electronically filed with the
Clerk of Court the foregoing STIPULATION TO CONTINUE HEARING DATE ON, AND SET
BRIEFING SCHEDULE FOR, PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION; PROPOSED

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ORDER THEREON, using the CM/ECF system which will send notification of such filing to
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Defendants’ counsel, this 9th day of April, 2015.

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/s/ W. James Young

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W. JAMES YOUNG

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STIPULATION TO CONTINUE HEARING DATE --- Hamidi v. SEIU Local 1000

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