Dukes et al v. Wal-Mart Stores, Inc.

Filing 747

ORDER PURSUANT TO STIPULATION. Signed by Judge Charles R. Breyer on July 1, 2011. (crblc2, COURT STAFF) (Filed on 7/1/2011)

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Case3:01-cv-02252-CRB Document746 1 2 3 4 Brad Seligman (SBN 083838) Jocelyn D. Larkin (SBN 110817) THE IMPACT FUND 125 University Avenue Berkeley, CA 94710 Telephone: 510.845.3473 Facsimile: 510.845.3654 5 6 11 Theodore J. Boutrous, Jr. (SBN 132099) GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue Los Angeles, CA 90071 Telephone: 213.229.7000 Facsimile: 213.229.7520 TBoutrous@gibsondunn.com 12 Joseph M. Sellers Christine E. Webber Jenny R. Yang COHEN MILSTEIN SELLERS & TOLL PLLC West Tower, Suite 500 1100 New York Avenue Washington, DC 20005 Telephone: 202.408.4600 Facsimile: 202.408.4699 Attorneys for Plaintiffs 7 Filed06/30/11 Page1 of 2 Attorney for Defendant 8 9 10 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 BETTY DUKES, PATRICIA SURGESON, EDITH ARANA, DEBORAH GUNTER, CHRISTINE KWAPNOSKI, CLEO PAGE, and KAREN WILLIAMSON, on behalf of themselves and all others similarly situated, 17 Plaintiffs, 18 v. 19 WAL-MART STORES, INC., 20 Case No. 01-cv-2252-CRB STIPULATION AND [PROPOSED] ORDER SHORTENING TIME FOR HEARING ON PLAINTIFFS’ MOTION TO TOLL AND SCHEDULING CASE MANAGEMENT CONFERENCE Defendant. 21 22 Plaintiffs have filed a Motion to Toll the Statute of Limitations, a hearing on which is 23 currently set for July 29, 2011, and have filed an administrative motion to schedule a Case 24 Management Conference. Defense counsel are unavailable on July 29, and scheduled vacations 25 for both plaintiff and defense counsel preclude scheduling the motion and CMC in August. 26 Plaintiffs believe that their motion is time-sensitive because the statute of limitations is running, 27 and the parties are in agreement that a prompt resolution of the tolling issue is warranted. The 28 parties have conferred with each other and with the Court’s calendar clerk, and it appears that C OHEN M ILSTEIN S ELLERS & T OLL PLLC ATTORNEYS AT LAW WASHINGTON STIPULATION & [PROPOSED] ORDER SHORTENING TIME RE MOTION TO TOLL CASE NO. 01-CV-2252-CRB Case3:01-cv-02252-CRB Document746 1 Filed06/30/11 Page2 of 2 July 22 is the earliest available date on which the tolling motion can be heard. 2 IT IS THEREFORE STIPULATED that the time for hearing plaintiffs’ Motion to Toll the 3 Statute of Limitations be shortened and the matter set for hearing on July 22, 2011 on the Court’s 4 10 a.m. calendar. Defendant shall file its response to the tolling motion on or before July 8, 2011, 5 and plaintiffs shall file any reply in support of that motion on or before July 15, 2011. 6 IT IS FURTHER STIPULATED THAT a Case Management Conference shall also be 7 held on July 22, 2011 on the Court’s 10 a.m. calendar. The parties shall file a joint Case 8 Management Statement, in compliance with the local rules and standing orders of this Court, on 9 or before July 15, 2011. 10 Dated: June 30, 2011 11 By: /s/ Brad Seligman _ By: /s/ Theodore J. Boutrous, Jr. _ 12 Attorneys for Plaintiffs Attorney for Defendant I, Theodore J. Boutrous, Jr., attest that concurrence in the filing of this document has been obtained from each of the other signatories. 18 19 22 DATE: July 1, 2011 RT Judge C 25 . harles R Breyer ___________________________ ER C N D I S JUDGE UNITED STATES DISTRICT T R I C T O F CHARLES R. BREYER H 24 ERED O ORD IT IS S NO 23 PURSUANT TO STIPULATION, IT IS SO ORDERED UNIT ED 21 ISTRIC ES D TC AT T RT U O 20 R NIA 17 FO 16 LI 15 Theodore J. Boutrous, Jr. (SBN 132099) GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue Los Angeles, CA 90071 Telephone: 213.229.7000 Facsimile: 213.229.7520 TBoutrous@gibsondunn.com A 14 Brad Seligman (SBN 083838) Jocelyn D. Larkin (SBN 110817) THE IMPACT FUND 125 University Avenue Berkeley, CA 94710 Telephone: 510.845.3473 Facsimile: 510.845.3654 S 13 26 27 28 C OHEN , M ILSTEIN , S ELLERS & T OLL PLLC ATTORNEYS AT LAW WASHINGTON STIPULATION & [PROPOSED] ORDER SHORTENING TIME RE MOTION TO TOLL CASE NO. 01-CV-2252-CRB -2-

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