Tierno v. Rite Aid Corporation

Filing 205

STIPULATION AND ORDER changing briefing schedule and hearing date. Motion Hearing continued to 3/2/2009 at 10:00 AM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 01/16/09. (rbe, COURT STAFF) (Filed on 1/16/2009)

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SCOTT EDWARD COLE, (Cal. State Bar No. 160744) MATTHEW R. BAINER (Cal. State Bar No. 220972) EILEEN M. BISSEN (Cal. State Bar No. 245821) SCOTT COLE & ASSOCIATES, APC 1970 Broadway, Ninth Floor Oakland, California 94612 Telephone: [phone] Facsimile: [phone] Web: www.scalaw.com Attorneys for Representative Plaintiff and the Plaintiff Class JEFFREY D. WOHL (Cal. State Bar No. 96838) JOHN C. POST (Cal. State Bar No. 233236) RISHI N. SHARMA (Cal. State Bar No. 239034) REGAN HERALD (Cal. State Bar No. 251879) PAUL, HASTINGS, JANOFSKY & WALKER LLP 55 Second Street, 24th Floor San Francisco, California 94105-3441 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendant Rite Aid Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

PRAG TIERNO, individually and on behalf of all others similarly-situated, Plaintiffs, vs. RITE AID CORPORATION, and DOES 1 through 25, inclusive, Defendants.

No. C05-02520-TEH STIPULATION AND PROPOSED ORDER TO CHANGE BRIEFING HEARING AND BRIEFING DATES FOR PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT/SUMMARY ADJUDICATION OF ISSUES [Civ. L. R. 6-1, 6-2]

LEGAL_US_W # 60865952.2

STIPULATION TO CHANGE BRIEFING SCHED U.S.D.C., N.D. Cal., No. C-05-02520-TEH

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LEGAL_US_W # 60865952.2

STIPULATION Plaintiff Prag Tierno and defendant Rite Aid Corporation, through their respective counsel, stipulate as follows: 1. On January 12, 2009, plaintiff filed his Motion for Partial Summary Judgment/Summary

Adjudication of Issues (Docket No. 195), and noticed it for hearing on February 23, 2009, at 10:00 a.m. 2. The parties are engaged in discussions about certain evidentiary issues raised by the

motion which, if not resolved by the parties, may lead to a request by defendant for relief from this Court. 3. Due to a previously-planned absence from the office, lead counsel for plaintiff will not be

available to pursue and conclude those discussions until on or after January 20, 2009. 4. In order to facilitate those discussions and avoid the difficulty that could result absent an

adjustment of the briefing and hearing schedule on plaintiff's motion while those discussions are pending, the parties agree and hereby request that the Court continue the hearing on plaintiff's motion to March 2, 2009; and make the opposition and reply briefing on the motion due in accordance with Local Rule 7-3 based on the new hearing date. 5. This stipulation is entered into without prejudice to any position that may be asserted by

either party concerning evidentiary issues raised by plaintiff's motion and the final scheduling of the briefing and hearing on plaintiff's motion, as may be decided on a future application submitted to the Court. Dated: January 15, 2009. SCOTT EDWARD COLE MATTHEW R. BAINER EILEEN M. BISSEN SCOTT COLE & ASSOCIATES, APC By: /s/ Matthew R. Bainer Matthew R. Bainer Attorneys for Representative Plaintiff and the Plaintiff Class

STIPULATION TO CHANGE BRIEFING SCHED U.S.D.C., N.D. Cal., No. C-05-02520-TEH

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Dated: January 15, 2009.

JEFFREY D. WOHL JOHN C. POST RISHI N. SHARMA REGAN A.W. HERALD PAUL, HASTINGS, JANOFSKY & WALKER LLP By: /s/ Jeffrey D. Wohl Jeffrey D. Wohl Attorneys for Defendant Rite Aid Corporation

LEGAL_US_W # 60865952.2

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STIPULATION TO CHANGE BRIEFING SCHED U.S.D.C., N.D. Cal., No. C-05-02520-TEH

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LEGAL_US_W # 60865952.2

ORDER On the stipulation of the parties, and good cause appearing therefor, IT IS ORDERED that the hearing on plaintiff Prag Tierno's Motion for Partial Summary March 2 Judgment/Summary Adjudication of Issues (Docket No. 195) is continued to ______________, 2009. The opposition and reply briefing on the motion will be due in accordance with the Court's Local Rule 7-3 based on the new hearing date. 01/16 Dated: ____________, 2009.

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STIPULATION TO CHANGE BRIEFING SCHED U.S.D.C., N.D. Cal., No. C-05-02520-TEH

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