Hensley-Maclean et al v. Safeway, Inc.

Filing 180

STIPULATION AND ORDER RE 179 EXTENDING THE BRIEFING SCHEDULES FOR DEFENDANTS' MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT AND PLAINTIFFS' AND PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. Motion Hearing set for 5/21/2015 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 2/13/15. (cl, COURT STAFF) (Filed on 2/13/2015)

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Stephen Gardner (pro hac vice)
STANLEY LAW GROUP
6116 N. Central Expy., Ste. 1500
Dallas, Texas 75206
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
DEE HENSLEY-MACLEAN, et al.

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ARNOLD & PORTER LLP
Trenton H. Norris (SBN 164781)
[e-mail]
Monty Agarwal (SBN 191568)
[e-mail]
Jonathan L. Koenig (SBN 281737)
[e-mail]
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111-4024
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
SAFEWAY INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DEE HENSLEY-MACLEAN, et al.,
Plaintiffs,

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vs.
SAFEWAY INC., et al,
Defendant.

Case No.: 11-01230 RS
CLASS ACTION
JOINT STIPULATION AND [PROPOSED]
ORDER EXTENDING THE BRIEFING
SCHEDULES FOR DEFENDANT’S
MOTION TO DISMISS AND MOTION
FOR SUMMARY JUDGMENT AND
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION
Judge: Hon. Richard Seeborg
Dept.: 3 - 17th Floor

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Pursuant to Civil Local Rule 6-2, the parties respectfully submit this Joint Stipulation and

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[Proposed] Order Extending the Briefing Schedules for Defendant’s Motion to Dismiss and Motion

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for Summary Judgment and Plaintiffs’ Motion for Class Certification.
JOINT STIPULATION AND [PROPOSED] ORDER
Case No. 11-01230 RS

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On January 26, 2015, Safeway filed its Motion to Dismiss and Motion for Summary

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Judgment (Dkt. # 165)(“Defendant’s Motion”), which challenges Plaintiffs’ standing to bring this

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suit. On February 10, 2015, the Court entered the parties’ stipulation extending the briefing

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schedule for Defendant’s Motion and providing that briefing on Plaintiffs’ Motion for Class

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Certification would trail the Court’s ruling on Defendant’s Motion. Although both parties approved

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the prior stipulation, Plaintiffs inadvertently agreed to incorrect dates. Plaintiffs have indicated that

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they will be sending subpoenas two non-parties for discovery and will need additional time to do so.

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Moreover, in the prior stipulation, the parties requested a hearing date of April 30, 2015. The

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Court, however, has set the hearing for Defendant’s Motion for May 14, 2015, a date on which

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counsel for Defendant is regrettably unavailable. The parties now propose the following

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modifications to the Court’s prior schedule:

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Defendant’s Motion to Dismiss and Motion for Summary Judgment.

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(1) Plaintiffs’ Opposition due on March 26, 2015;

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(2) Defendant’s Reply due April 23, 2015;

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(3) Hearing on May 21, 2015, subject to the Court’s availability.

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Plaintiffs’ Motion for Class Certification.

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(1) Plaintiffs’ motion for class certification, if necessary, to be due twenty days after the

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Court issues an order ruling on Safeway’s Motion to Dismiss and Motion for Summary

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Judgment.

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(2) Safeway’s opposition due within 21 days of Plaintiffs’ motion.

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(3) Plaintiffs’ reply due within 21 days of Safeway’s opposition.

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(4) Hearing set for the first available hearing date following Plaintiffs’ reply or at the date

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most convenient to the Court.

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IT IS SO STIPULATED

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Respectfully submitted,

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-2JOINT STIPULATION AND [PROPOSED] ORDER
Case No. 11-01230 RS

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STANLEY LAW GROUP

ARNOLD & PORTER LLP

By: /s/ Stephen Gardner
Stephen Gardner
Attorneys for Plaintiffs

By: /s/ Monty Agarwal
Monty Agarwal
Attorneys for Defendant
SAFEWAY INC.

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ATTESTATION
I hereby attest that I have obtained the concurrence in the filing of this document from each
of the signatories on this e-filed document.

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Dated: February 13, 2015

ARNOLD & PORTER LLP

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By: /s/ Monty Agarwal
Monty Agarwal

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PURSUANT TO STIPULATION IT IS SO ORDERED.

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Dated: 2/13/2015

HON. RICHARD SEEBORG
UNITED STATES DISTRICT COURT JUDGE

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-3JOINT STIPULATION AND [PROPOSED] ORDER
Case No. 11-01230 RS