Ozga v. U.S. Remodelers, Inc.

Filing 25

ORDER GRANTING 24 Stipulation TO CONTINUE HEARING ON MOTION TO REMAND AND INITIAL CASE MANAGEMENT CONFERENCE. Signed by Judge JEFFREY S. WHITE on 1/25/10. (jjo, COURT STAFF) (Filed on 1/25/2010)

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Case3:09-cv-05112-JSW Document24 Filed01/22/10 Page1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Todd M. Schneider (CA Bar No. 158253) Carolyn H. Cottrell (CA Bar No. 166977) W.H. "Hank" Willson, IV (CA Bar No. 233321) SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY LLP 180 Montgomery Street, Suite 2000 San Francisco, California 94104 Tel: (415) 421-7100 Fax: (415) 421-7105 TTY: (415) 421-1665 Shanon J. Carson BERGER & MONTAGUE, P.C. 1622 Locust Street Philadelphia, Pennsylvania 19103 Tel: (215) 875-4656 Fax: (215) 875-4604 Attorneys for Plaintiff Matthew Ozga and others similarly situated UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MATTHEW OZGA, on his own behalf individually and on behalf of others similarly situated, Plaintiffs, vs. U.S. REMODELERS, INC., U.S. REMODELERS, INC. dba U.S. HOME SERVICES, and DOES 1-25, inclusive, Defendants. Case No. 3:09-cv-05112 JSW JOINT STIPULATION AND [proposed] ORDER TO CONTINUE HEARING ON MOTION TO REMAND AND INITIAL CASE MANAGEMENT CONFERENCE JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO REMAND AND INITIAL CMC Ozga v. U.S. Remodelers, Inc., et al., Case No. 3:09-cv-05112 JSW Case3:09-cv-05112-JSW Document24 Filed01/22/10 Page2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date: January 22, 2010 Date: January 22, 2010 STIPULATION In its Order of December 1, 2009, this Court set an initial Case Management Conference ("CMC") for February 5, 2010, with a Joint CMC Statement to be filed five court days before that date. In addition, Plaintiff's Motion to Remand is currently set for hearing on February 5, 2010. In the meantime, the parties have reached a class-wide settlement of this case. In light of the settlement, and in order to avoid the unnecessary expenditure of the time and resources of this Court and the parties, the parties hereby stipulate and request that this Court continue the initial CMC and the hearing until March 5, 2010, or such later date as the Court is available, to provide the parties sufficient time to prepare and file a Motion for Preliminary Approval of the settlement. Respectfully submitted, SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY LLP BERGER & MONTAGUE, P.C. /s/ Hank Willson Hank Willson Counsel for Plaintiff LANDEGGER, BARON LAVENANT & INGBER /s/ Oscar Rivas Oscar Rivas Counsel for Defendant ORDER In light of the parties' Stipulation, and for good cause shown, this Court hereby ORDERS that the initial CMC and the hearing on the Motion to Remand are continued until March 5, 2010 at 9:00 a.m. __________________________. The Joint CMC Statement filing deadline shall be filed at least If the parties finalize the motion for preliminary approval, five court days before the above date. they shall file it and notice it in accordance with the Local Rules. The March 5, 2010 date shall not be a placeholder IT IS SO ORDERED. date for a preliminary approval motion. Date: January 25, 2010 ___________________ ______________________________ The Hon. Jeffrey S. White JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO REMAND AND INITIAL CMC Ozga v. U.S. Remodelers, Inc., et al., Case No. 3:09-cv-05112 JSW 1

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