Kemp v. International Business Machines Corp.

Filing 63

STIPULATION AND ORDER EXTENDING DEADLINES re 62 Stipulation filed by International Business Machines Corp. Discovery due by 12/1/2011. Motions due by 1/13/2012. Replies due by 3/16/2012. Responses due by 3/2/2012. Motion Hearing set for 3/30/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 10/6/11. (bpf, COURT STAFF) (Filed on 10/6/2011)

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Catherine Nasser, SB # 246191
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Matthew W. Lampe (admitted pro hac vice)
[e-mail]
Wendy C. Butler (admitted pro hac vice)
[e-mail]
JONES DAY
222 East 41st Street
New York, NY 10017
Telephone: [phone]
Facsimile: [phone]

Mark R. Thierman, SB # 72913
Joshua D. Buck SB # 258325
THIERMAN LAW FIRM, PC
7287 Lakeside Drive
Reno, Nevada 89511
Tel: [phone]
Scott A. Miller, Esq., SB # 230322
LAW OFFICE OF SCOTT A.
MILLER
A Professional Corporation
16133 Ventura Blvd. Suite 645
Encino, CA 91436
Tel.: [phone]

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Steven L. Miller, Esq., SB #
106023
LAW OFFICE OF STEVEN L.
MILLER
A Professional Corporation
16133 Ventura Blvd. Suite 645
Encino, CA 91436
Tel.: [phone]

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Attorneys for Plaintiff

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Attorneys for Defendant
INTERNATIONAL BUSINESS MACHINES
CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LEE KEMP, individually and on behalf of
all others similarly situated, the general
public, and as an “aggrieved employee”
under the California Labor Code Private
Attorney General Act,

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STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINES

Plaintiff,

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Case No. CV 09-03683-EMC

v.
INTERNATIONAL BUSINESS
MACHINES CORP., a New York
Corporation, and DOES 1-50, inclusive,
Defendant.

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Stipulation and [Proposed] Order to Extend
Deadlines

Case No. CV 09-03683-EMC

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Pursuant to Local Rules 6-1(b) and 7-12, Plaintiff Lee Kemp (“Plaintiff”) and Defendant

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International Business Machines Corporation (“Defendant”), by and through their undersigned

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counsel, hereby stipulate and request as follows:

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WHEREAS, on July 15, 2011, the Court entered an Order setting the following case
schedule:

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a. November 1, 2011: Class Certification Discovery Closes;

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b. December 15, 2011: Class Certification and Summary Judgment Motions Due;

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c. January 31, 2012: Oppositions to Class Certification and Summary Judgment

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Motions Due;

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d. February 15, 2012: Reply Briefs in Support of Class Certification and Summary

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Judgment Motions Due; and

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e. March 2, 2012 at 1:30 PM: Hearing on Class Certification and Summary Judgment

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Motions.
WHEREAS, the parties have been working in good faith to resolve discovery issues and

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to complete discovery by the November 1, 2011 deadline; however, the parties agree that they

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require additional time;

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WHEREAS, the parties request that the dates reflected above be extended to provide the

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parties 30 days of additional discovery before briefing of class certification and summary

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judgment as to Plaintiff's individual claims;

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WHEREAS, other than extending each of the deadlines above by 30 days, such extensions
will not alter the date of any other event or deadline already fixed by the Court;
WHEREAS, the only prior time modifications were the Court’s September 25, 2009 and

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April 30, 2010 extensions of Defendant’s deadline to respond to the First Amended Complaint,

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the Court’s April 30, 2010 and June 3, 2010 extensions of the ADR deadline, and the Court’s July

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15, 2011 extension of the case schedule deadlines.

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IT IS HEREBY STIPULATED by and between the parties, through their respective
counsel:

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Stipulation and [Proposed] Order to Extend
Deadlines

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Case No. CV 09-03683-EMC

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All deadlines in paragraph 9 of the Court’s July 15, 2011 Order will be extended as
follows:

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a. December 1, 2011: Class Certification Discovery Closes

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b. January 13, 2012: Class Certification and Summary Judgment Motions Due

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c. March 2, 2012: Oppositions to Class Certification and Summary Judgment

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Motions Due
d. March 16, 2012: Reply Briefs in Support of Class Certification and Summary
Judgment Motions Due
e. March 30, 2012 at 1:30 PM: Hearing on Class Certification and Summary
Judgment Motions.

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IT IS SO STIPULATED.

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Dated: October 5, 2011

JONES DAY

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By:

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Dated: October 5, 2011

/s/ Catherine S. Nasser
Catherine S. Nasser
Attorneys for Defendant
INTERNATIONAL BUSINESS
MACHINES CORPORATION

THIERMAN LAW FIRM, PC

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By:

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/s/ Joshua D. Buck
Joshua D. Buck
Attorneys for Plaintiff
LEE KEMP

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SIGNATURE ATTESTATION
I hereby attest that I have on file all holograph signatures for any signatures indicated by a
“conformed” signature (/S/) within this efiled document.

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Stipulation and [Proposed] Order to Extend
Deadlines

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Case No. CV 09-03683-EMC

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Dated: October 5, 2011

JONES DAY

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By: /S/ Catherine S. Nasser
Attorneys for Defendant
INTERNATIONAL BUSINESS
MACHINES CORPORATION

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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10/6
Dated: _____________, 2011

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RED
Honorable Edward SO Chen E
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Stipulation and [Proposed] Order to Extend
Deadlines

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Case No. CV 09-03683-EMC