Ross et al v. Trex Company, Inc.

Filing 270

ORDER GRANTING 269 STIPULATION Extending Due-Date for Replies to Objectors' Oppositions to Motion for Preliminary Approval, Provisional Certification of Settlement Class, and Appointment of Class Representatives and Class Counsel. Signed by Judge JEFFREY S. WHITE on 4/30/13. (jjoS, COURT STAFF) (Filed on 4/30/2013)

Case3:09-cv-00670-JSW Document269 Filed04/26/13 Page1 of 4

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HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: 206.623.0594

K&L GATES LLP
Four Embarcadero Center, Suite 1200
San Francisco, CA 94111-5994
Telephone: [phone]
Facsimile: 415.822-8220

Steve W. Berman (pro hac vice)
[e-mail]
Robert F. Lopez (pro hac vice)
[e-mail]

Patrick J. Perrone (pro hac vice)
[e-mail]
Todd L. Nunn (pro hac vice)
[e-mail]

Attorneys for Select Plaintiffs and Lead Counsel
for the Proposed Class

Attorneys for Defendant Trex Company, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEAN MAHAN, GRETCHEN SILVERMAN,
STEVEN MCKENNA, THOMAS
SCHAUPPNER, MARJORIE ZACHWIEJA,
JOHN FORCELLA, SHEILA SHAPIRO,
SABRINA W. HASS and DR. LANNY W.
HASS, AMY BIONDI-HUFFMAN, and BRIAN
HATHAWAY, on behalf of themselves and all
others similarly situated,

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Plaintiffs,
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vs.

Case No. CV 09-00670-JSW
STIPULATION AND [PROPOSED]
ORDER EXTENDING DUE-DATE FOR
REPLIES TO OBJECTORS’
OPPOSITIONS TO MOTION FOR
PRELIMINARY APPROVAL,
PROVISIONAL CERTIFICATION OF
SETTLEMENT CLASS, AND
APPOINTMENT OF CLASS
REPRESENTATIVES AND CLASS
COUNSEL

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TREX COMPANY, INC., a Delaware
corporation,
Defendant.

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STIPULATION AND [PROPOSED] ORDER CONTINUING
DUE-DATE FOR REPLIES TO OPPOSITIONS
Case No. CV 09-00670-JSW

Case3:09-cv-00670-JSW Document269 Filed04/26/13 Page2 of 4

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Per the Civil Standing Orders of the Honorable Jeffrey S. White, plaintiffs and defendant Trex

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Company, Inc., by and through their respective counsel of record, stipulate and respectfully ask the

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Court to continue by one week the due-date for their papers in reply to the papers filed by Ellen

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Kopetsky, Richard Levin, and Caryn Borger, M.D. in opposition to plaintiffs’ Motion for Preliminary

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Approval of Class Settlement, Provisional Certification of Settlement Class, and Appointment of

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Class Representatives and Class Counsel. See March 18, 2013 Stipulation and Order Re: Motion for

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Preliminary Approval of Settlement and Page Limit (Dkt. No. 256).

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Currently, the reply due-date is April 26, 2013. Id. The parties asked for this due-date when
May 10, 2013 was available on the Court’s calendar for the hearing on plaintiffs’ motion. On the

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date of filing of plaintiffs’ motion, however, the May 10, 2013 date was not available, and the earliest

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date available was May 31, 2013, on which date plaintiffs’ motion is now scheduled for hearing.

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The parties request a one-week extension to May 3, 2013, so that they may respond

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thoroughly to the objectors’ two sets of papers, which include some 25 pages of briefing.

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Additionally, plaintiffs’ expert consultant returned only yesterday from a trip out of the country, and

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plaintiffs wish to consult with him in advance of their filing.

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Because the hearing date is not until May 31, 2013, there will be four weeks from the

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requested due-date of May 3, 2013, until that hearing date. This is two weeks longer than the

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standard time period for which the 35-day motion calendar calls.

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DATED: April 26, 2013.

HAGENS BERMAN SOBOL SHAPIRO LLP

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By

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/s/ Robert F. Lopez
Steve W. Berman
Robert F. Lopez

Attorneys for Select Plaintiffs and Lead Counsel
for the Proposed Class

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STIPULATION AND [PROPOSED] ORDER CONTINUING
DUE-DATE FOR REPLIES TO OPPOSITIONS
Case No. CV 09-00670-JSW

Case3:09-cv-00670-JSW Document269 Filed04/26/13 Page3 of 4

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DATED: April 26, 2013.

K&L GATES LLP

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By:

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/s/ Patrick J. Perrone
Patrick J. Perrone
Todd L. Nunn

Attorneys for Defendant Trex Company, Inc.

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STIPULATION AND [PROPOSED] ORDER CONTINUING
DUE-DATE FOR REPLIES TO OPPOSITIONS
Case No. CV 09-00670-JSW

Case3:09-cv-00670-JSW Document269 Filed04/26/13 Page4 of 4

[PROPOSED] ORDER

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The foregoing Stipulation having been reviewed, and good cause appearing therefor, the

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requested scheduling change is hereby ORDERED and approved. Replies to the objections of Ms.

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Kopetsky, Mr. Levin, and Dr. Borger shall be due on May 3, 2013.

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Dated: April 30, 2013
Honorable Jeffrey S. White
United States District Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING
DUE-DATE FOR REPLIES TO OPPOSITIONS
Case No. CV 09-00670-JSW