Deane v. Fastenal Company

Filing 55

ORDER Motion Hearing set for 6/15/2011 09:00 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 12/6/2011)

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Scott Edward Cole, Esq. (S.B. # 160744)
Molly A. DeSario, Esq. (S.B. # 230763)
Hannah R. Salassi, Esq. (S.B. #230117)
SCOTT COLE & ASSOCIATES, APC
1970 Broadway, Ninth Floor
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
Web: www.scalaw.com

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Attorneys for Representative Plaintiffs
and the Plaintiff Classes

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ATTORNEY’S AT LAW
THE WACHOVIA TOWER
1970 BROADWAY, NINTH FLOOR
OAKLAND, CA 94612
TEL: [phone]

SCOTT COLE & ASSOCIATES, APC

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EVAN R. MOSES (CA State Bar No. 198099)
[e-mail]
ERICA K. ROCUSH (CA State Bar No. 262354)
[e-mail]
A. CRAIG CLELAND (Pro Hac Vice)
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.442.4870
Attorneys for Defendant
FASTENAL COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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KRISTOPHER DEANE and
MICHAEL ROMANO, individually,
and on behalf of all others similarly
situated,

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Plaintiffs,
vs.
FASTENAL COMPANY,
Defendants.

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Case No. CV11 00042 SI
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
TO EXTEND HEARING ON MOTION FOR
CLASS CERTIFICATION

-1Stipulation and [Proposed] Order to Extend Hearing on Motion for Class Certification

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Pursuant to Local Rule 6-2(b), Plaintiffs Kristopher Deane and Michael Romano

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(“Plaintiffs”) and the putative plaintiff classes, and Defendant Fastenal Company (“Defendant”)

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enter this Stipulation and submit the accompanying [Proposed] Order to Extend Hearing on Motion

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for Class Certification based on the following facts:
WHEREAS the current hearing date for Plaintiffs’ Motion for Class Certification is March

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16, 2012 at 9:00 a.m. (See Dkt. 24).

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WHEREAS Plaintiffs’ Motion for Class Certification is due filed on January 27, 2012,

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Defendant’s Opposition is due on February 17, 2012 and Plaintiffs’ Reply is due on March 2, 2012.

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(See Dkt. 24).

ATTORNEY’S AT LAW
THE WACHOVIA TOWER
1970 BROADWAY, NINTH FLOOR
OAKLAND, CA 94612
TEL: [phone]

WHEREAS after extensive meet and confer efforts, the parties have scheduled depositions

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SCOTT COLE & ASSOCIATES, APC

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of Defendant’s persons most knowledgeable, pursuant to Federal Rule of Civil Procedure Rule

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30(b)(6) on January 24, 25, and 26, 2012. In addition, the parties continue to meet and confer

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regarding deposition dates for Plaintiffs, which are unlikely to occur prior to January 1, 2012.

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WHEREAS in light of the deposition schedule outlined above, the parties will need

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additional time to prepare and file their moving and opposing papers regarding class certification.

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THEREFORE, the parties hereby STIPULATE as follows:

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The hearing on Plaintiffs’ Motion for Class Certification shall be continued to June 15, 2012

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at 9:00 a.m. subject to the approval of the Court.
Plaintiffs’ Motion for Class Certification will be due filed and served on or before April 27,

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2012.

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Defendant’s Opposition will be due filed and served on or before May 18, 2012.

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Plaintiffs’ Reply will be due filed and served on or before June 1, 2012.

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Dated: December 2, 2011
SCOTT COLE & ASSOCIATES, APC

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By:

/s/ Hannah R. Salassi
Hannah R. Salassi, Esq.
Attorneys for the Representative Plaintiffs
And the Plaintiff Classes
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Stipulation and [Proposed] Order to Extend Hearing on Motion for Class Certification

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Dated: December 2, 2011

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OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

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By:

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/s/ Craig Cleland_ ________________________
A. CRAIG CLELAND
EVAN R. MOSES
ERICA K. ROCUSH
Attorneys for Defendant
FASTENAL COMPANY

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DECLARATION OF E-FILED SIGNATURE

ATTORNEY’S AT LAW
THE WACHOVIA TOWER
1970 BROADWAY, NINTH FLOOR
OAKLAND, CA 94612
TEL: [phone]

SCOTT COLE & ASSOCIATES, APC

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I, Hannah R. Salassi, Esq., am the ECF User whose ID and password are being used to file

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this Stipulation and [Proposed] Order to Extend Hearing on Motion for Class Certification. In

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compliance with General Order 45, X.B., I hereby declare that Craig Cleland, attorney for Defendant

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Fastenal Company, has read and approved this Stipulation and [Proposed} Order to Extend Hearing

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on Motion for Class Certification.

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Dated: December 2, 2011

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SCOTT COLE & ASSOCIATES, APC

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By:

/s/ Hannah R. Salassi
Hannah R. Salassi, Esq.
Attorneys for the Representative Plaintiffs
And the Plaintiff Classes

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-3Stipulation and [Proposed] Order to Extend Hearing on Motion for Class Certification

[PROPOSED] ORDER

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IT IS HEREBY ORDERED that:

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The hearing on Plaintiffs’ Motion for Class Certification is continued to June 15, 2012 at

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9:00 a.m.
Plaintiffs’ Motion for Class Certification will be due filed and served on or before April 20,

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2012.

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Defendant’s Opposition will be due filed and served on or before May 11, 2012.

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Plaintiffs’ Reply will be due filed and served on or before May 25, 2012.

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IT IS SO ORDERED.

ATTORNEY’S AT LAW
THE WACHOVIA TOWER
1970 BROADWAY, NINTH FLOOR
OAKLAND, CA 94612
TEL: [phone]

SCOTT COLE & ASSOCIATES, APC

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Dated:

12/6

, 2011

By:
The Hon. Susan Illston
United States District Judge

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Stipulation and [Proposed] Order to Extend Hearing on Motion for Class Certification