Bryant et al v. Service Corporation International et al

Filing 113

ORDER continuing hearings. Signed by Judge Illston on 1/21/09. (ts, COURT STAFF) (Filed on 1/21/2009)

Case 3:08-cv-01190-SI

Document 111-2

Filed 01/16/2009

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STEVEN H. GURNEE, ESQ. SB# 66056 DAVID M. DANIELS, ESQ. SB# 170315 NICHOLAS P. FORESTIERE, SB# 125118 GURNEE & DANIELS LLP 2240 Douglas Boulevard, Suite 150 Roseville, CA 95661-3805 Telephone [phone] Facsimile [phone] Attorneys for Defendants SERVICE CORPORATION INTERNATIONAL, SCI FUNERAL AND CEMETERY PURCHASING COOPERATIVE, INC., SCI EASTERN MARKET SUPPORT CENTER, L.P. SCI WESTERN MARKET SUPPORT CENTER, L.P., SCI HOUSTON MARKET SUPPORT CENTER, L.P., JANE D. JONES, GWEN PETTEWAY, THOMAS RYAN and CURTIS BRIGGS

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

) CLAUDE BRYANT, et al., on behalf of themselves and all other employees and former ) ) employees similarly situated, ) Plaintiffs, ) ) vs. ) ) SERVICE CORPORATION ) INTERNATIONAL et al. ) Defendants. ) )

CASE NO. 3:08-cv-01190 SI [PROPOSED] ORDER CONTINUING HEARING ON MOTIONS TO DISMISS AND SCHEDULING MOTION TO COMPEL

Pursuant to the Stipulation of counsel and good cause appearing, the Court orders as follows: 1. Defendants shall serve supplemental responses to Interrogatories Nos. 4-11, 14-15,

17-19, and 21-23 and to Document Requests Nos. 2-9, 12-13, 15-17, 19-21, as well as any other [PROPOSED] ORDER CONTINUING HEARING ON MOTIONS TO DISMISS AND SCHEDULING MOTION TO COMPEL Case No.: 3:08-CV-01190 SI 1

Case 3:08-cv-01190-SI

Document 111-2

Filed 01/16/2009

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supplemental responses Defendants intend to provide, on or before January 23, 2009. 2. Following such production, the parties will meet and confer and, no later than

January 30, 2009, will submit a joint report notifying the Court either that Plaintiffs intend to file a Motion to Compel or submitting a proposal as to when the Motions to Dismiss should be heard. 3. Should Plaintiffs elect to file a Motion to Compel, the Court will hear argument on

Plaintiffs' Motion to Compel on March 20, 2009, or on such other date as the Court shall determine. 4. Plaintiffs' Motion to Compel shall be due not less than 35 days prior to the hearing

date, Defendant's opposition shall be due not less than 21 days before the hearing date, and Plaintiffs' reply shall be due not less than 14 days before the hearing date. 5. The hearing on Defendants' Motions to Dismiss and the Further Case Management

Conference, both of which are currently scheduled for February 20, 2009, shall be continued to a date to be determined at the hearing on any Motions to Compel. The hearings are continued to 3/20/09.

IT IS SO ORDERED:

Honorable Susan Illston United States District Court AGREED TO: /s/ Annette Gifford Dolin, Thomas & Solomon LLP 693 East Avenue Rochester, New York 14607 Telephone: [phone] Attorneys for Plaintiffs /s/ Nicholas P. Forestiere Gurnee & Daniels LLP 2240 Douglas Boulevard, Suite 150 Roseville, California 95661 Telephone: [phone] Attorneys for Defendant Service Corporation International

[PROPOSED] ORDER CONTINUING HEARING ON MOTIONS TO DISMISS AND SCHEDULING MOTION TO COMPEL Case No.: 3:08-CV-01190 SI

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