Juarez et al v. Jani-King of California, Inc. et al

Filing 46

STIPULATION AND ORDER: Plaintiffs' Motion for Class Certification is continued from 7/23/10 to 9/17/10 at 10:00 a.m. Signed by Judge Samuel Conti on 4/27/10. (tdm, COURT STAFF) (Filed on 4/27/2010)

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MONIQUE OLIVIER (SBN 190385) ([e-mail]) WHITNEY HUSTON (SBN 234863) ([e-mail]) THE STURDEVANT LAW FIRM A Professional Corporation 354 Pine Street, Fourth Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs and the Putative Class BENJAMIN K. RILEY (SBN 112007) ([e-mail]) EMILY L. MAXWELL (SBN 185646) ([e-mail]) SETH B. HERRING (SBN 253907) ([e-mail]) HOWREY LLP 525 Market Street, Suite 3600 San Francisco, CA 94105 Telephone:[phone] Facsimile: [phone] Attorneys for Defendants Jani-King of California, Inc. Jani-King, Inc., and Jani-King International, Inc. (Additional counsel listed on signature page)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ALEJANDRO JUAREZ, MARIA JUAREZ, LUIS A. ROMERO, and MARIA PORTILLO, individually and on behalf of all others similarly situated, Plaintiffs, v. JANI-KING OF CALIFORNIA, INC., a Texas Corporation; JANI-KING, INC., a Texas Corporation; JANI-KING INTERNATIONAL, INC., a Texas corporation; and DOES 1 through 20, inclusive, Defendants. Case No. CV09-03495 SC CLASS ACTION JOINT STIPULATION PER LOCAL RULE 6-2 AND [Proposed] ORDER REGARDING CLASS CERTIFICATION SCHEDULE

STIPULATION AND [PROPOSED] ORDER RE CLASS CERTIFICATION SCHEDULE

CASE NO. CV09-03495 SC

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STIPULATION Plaintiffs ALEJANDRO JUAREZ, MARIA JUAREZ, LUIS A. ROMERO, and MARIA PORTILLO ("Plaintiffs") and Defendants JANI-KING OF CALIFORNIA, INC., JANI-KING, INC., and JANI-KING INTERNATIONAL, INC. ("Defendants") (collectively, the "Parties"), through their counsel, hereby stipulate and agree that: WHEREAS, the Court issued Civil Minutes after the Initial Scheduling Conference on January 22, 2010 [Dkt. No. 40], which set the hearing date for Plaintiffs' Motion for Class Certification as July 23, 2010 at 10:00 a.m. WHEREAS, on March 15, 2010, this Court entered the Stipulated Protective Order regarding the confidential nature of documents produced in this action [Dkt. No. 43]; WHEREAS, immediately after entry of that Order, the Parties began to exchange classrelated discovery; WHEREAS, the Parties have diligently and actively engaged in class-related discovery and continue to do so; WHEREAS, the Parties believe that expert testimony and opinions may be useful and relevant to the issues of class certification to be presented to this Court and are actively engaged in procuring such testimony; WHEREAS, the Parties anticipate the need for motions related to class discovery; WHEREAS, the parties have conferred and agree that additional time is necessary to resolve the anticipated motions and to complete the necessary class-related discovery; // // // // // // // 1
STIPULATION AND [PROPOSED] ORDER RE CLASS CERTIFICATION SCHEDULE CASE NO. C 08-03174 MEJ

C-09-3495-SC

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WHEREAS, counsel for Plaintiffs have several upcoming deadlines that conflict with the current class certification motion and hearing date. Counsel for plaintiffs have class certification briefing throughout the months of June and July in a proposed statewide consumer class action that was filed in 2008. Counsel for plaintiffs also have a large disability access case that is set to go to trial in early July. WHEREAS the parties have not previously sought any extension of time in this action. NOW, THEREFORE, Plaintiffs and Defendants, through their respective counsel, hereby stipulate, subject to the approval of this Court, that the hearing date for Plaintiffs' Motion for Class Certification be rescheduled for September 17, 2010 at 10:00 a.m. IT IS SO STIPULATED. DATED: April 26, 2010 By: THE STURDEVANT LAW FIRM A Professional Corporation /s/ MONIQUE OLIVIER Attorneys for Plaintiffs HOWREY LLP By: /s/ BENJAMIN RILEY Attorneys for Defendants Jani-King of California, Inc., Jani-King, Inc., and Jani-King International, Inc.

DATED: April 26, 2010

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED:

4/27/10

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STIPULATION AND [PROPOSED] ORDER RE CLASS CERTIFICATION SCHEDULE CASE NO. C 08-03174 MEJ

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The Honorable Samuel Conti United States Districte CourtonJudge C ti Samuel
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Additional Counsel

MARK TALAMANTES (SBN 187961) ([e-mail]) JENNIFER A. REISCH (SBN 223671) ([e-mail]) TALAMANTES VILLEGAS CARRERA, LLP San Francisco, California 94133 170 Columbus Ave, Suite 300 Telephone: [phone] Facsimile: [phone] SHANNON LISS-RIORDAN (BBO #640716) (Pro Hac Vice) ([e-mail]) HILLARY SCHWAB (BBO #666029) (Pro Hac Vice) ([e-mail]) LICHTEN & LISS-RIORDAN, P.C. 100 Cambridge Street, 20th Floor Boston, MA 02114 Telephone: [phone] Facsimile: [phone]

For Defendants Jani-King of California, Inc., et al.: KERRY L. BUNDY (MN Bar No. 266917) (Pro Hac Vice) ([e-mail]) AARON VAN OORT (MN Bar No. 315539) (Pro Hac Vice) ([e-mail]) EILEEN M. HUNTER (MN Bar No. 336336) (Pro Hac Vice) ([e-mail]) FAEGRE & BENSON, LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 Telephone: [phone] Facsimile: [phone]

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STIPULATION AND [PROPOSED] ORDER RE CLASS CERTIFICATION SCHEDULE CASE NO. C 08-03174 MEJ

C-09-3495-SC

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Z:\441 - Jani-King\Pleadings\Stip re class certification schedule - FINAL.doc

Attestation I, Monique Olivier, am the ECF user whose ID and password are being used to file this JOINT STIPULATION PER LOCAL RULE 6-2 AND [Proposed] ORDER REGARDING CLASS CERTIFICATION SCHEDULE. In compliance with General Order 45, I hereby attest that Benjamin Riley, counsel for Defendants, has concurred in this filing. Dated: April 26, 2010 By: /s/ MONIQUE OLIVIER Attorneys for Plaintiffs

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STIPULATION AND [PROPOSED] ORDER RE CLASS CERTIFICATION SCHEDULE CASE NO. C 08-03174 MEJ

C-09-3495-SC