Thomas v. Home Depot U.S.A. Inc.

Filing 75

ORDER continuing cmc to 8/14/09 @ 2:30 p.m.. Signed by Judge Illston on 4/17/09. (ts, COURT STAFF) (Filed on 4/21/2009)

Case 3:06-cv-02705-SI

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GREGORY W. KNOPP, SBN 237615 GARY M. McLAUGHLIN, SBN 217832 AKIN GUMP STRAUSS HAUER & FELD LLP 2029 Century Park East, Suite 2400 Los Angeles, CA 90067 Telephone: [phone] Fax [phone] Attorneys for DefendantHome Depot U.S.A., Inc. JOSE R. MATA, SBN 83724, OSB 803057 E-Mail: [e-mail] BAILEY PINNEY, PC 1498 SE Tech Center Place, Suite 290 Vancouver, WA 98683 Telephone: [phone] Fax: [phone] SUSAN SIMMONS SEEMILLER, SBN 150546 E-Mail: [e-mail] BAILEY PINNEY, PC 840 County Square Drive Ventura, CA 93003 Telephone: [phone] Fax: [phone] Attorneys for Plaintiff Erik Alan Thomas IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ERIK ALAN THOMAS, individually and on behalf of all others similarly situated and as a Private Attorney General,, Plaintiff, vs. HOME DEPOT U.S.A., INC., a Delaware Corporation, and DOES 1 through 25, Inclusive, Defendants. Case No. 06-02705 SI STIPULATION AND [PROPOSED] ORDER CONTINUING FURTHER CASE MANAGEMENT CONFERENCE OLD DATE: NEW DATE: TIME: CTRM: April 24, 2009 August 14, 2009 2:30 p.m. 10 (19th Floor)

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IT IS HEREBY STIPULATED by and between Plaintiff, Eric Alan Thomas, and Defendant, Home Depot U.S.A., Inc., through their counsel of record, that the further case management conference currently set for Friday, April 24, 2009 at 2:30 p.m. shall be continued until Friday, August 14, 2009, at 2:30 p.m., based on the following: 1. On June 4, 2008, the Court entered an Order staying this action in favor of the Home Depot Employment Cases, Judicial Council Coordination Proceeding No. 4384, pending in the Los Angeles Superior Court. The Court ordered that the parties provide status reports regarding the Los Angeles litigation every 60 days. The Court has also set a further case management conference for April 24, 2009, at 2:30 p.m. This April 24 date was chosen because the Plaintiffs' motion for class certification in the Home Depot Employment Cases was scheduled to be heard on April 9, 2009. The Court directed the parties to file a joint status statement one week in advance of the conference. 2. The parties in the Home Depot Employment Cases, Judicial Council Coordination Proceeding No. 4383 pending in the Los Angeles County Superior Court, and several similar actions, have reached a tentative class settlement that would include the present action. The Superior Court has taken the hearing on the plaintiffs' motion for class certification in the Home Depot Employment Cases off calendar. The parties' application for preliminary approval of the settlement is due July 10, 2009, and the hearing on preliminary approval is scheduled for July 29, 2009. 3. The parties agree that there will be nothing significant to report to this Court until the Los Angeles Superior Court conducts the hearing on the preliminary approval of the proposed settlement. Because this is not scheduled to occur until July 29, 2009 and because Plaintiff's counsel Jose Mata is unavailable between July 29, 2009 and August 10, 2009, the parties stipulate to continue the further case management conference to August 14, 2009, at 2:30 p.m.

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IT IS SO STIPULATED. Dated: April 15, 2009 BAILEY PINNEY, PC JOSE R. MATA SUSAN SIMMONS SEEMILLER By /s/ Jose R. Mata Attorneys for Plaintiff Erik Thomas

Dated: April 15, 2009

AKIN GUMP STRAUSS HAUER & FELD LLP GREGORY W. KNOPP GARY M. McLAUGHLIN

By

/s/ Gary M. McLaughlin Attorneys for Defendant Home Depot U.S.A., Inc.

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Dated: April ____, 2009

ORDER IT IS SO ORDERED. The further case management conference shall be continued to Friday, August 14, 2009, at 2:30 p.m. The parties are directed to file a joint status statement one week in advance of the conference.

__________________________________ HON. SUSAN ILLSTON United States District Judge

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