Davis v. Cole Haan, Inc.

Filing 51

ORDER granting as modified 49 STIPULATION Extending Time on Deadlines and Dates Related to Motion for Class Certification. Motion for Class Certification set for 8/31/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Cross Dispositive Motions set for 10/12/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 4/9/12. (jjoS, COURT STAFF) (Filed on 4/9/2012)

Case3:11-cv-01826-JSW Document49 Filed04/06/12 Page1 of 5

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COOLEY LLP
MICHELLE C. DOOLIN (179445) ([e-mail])
JENNIFER M. FRENCH (265422) ([e-mail])
4401 Eastgate Mall
San Diego, CA 92121
Telephone:
[phone]
Facsimile:
[phone]
COOLEY LLP
BEATRIZ MEJIA (190948) ([e-mail])
MATTHEW M. BROWN (264817) ([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
COLE HAAN

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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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TAMMIE DAVIS, an individual, on behalf of
herself and all others similarly situated,

Consolidated Case No. 11-cv-01826-JSW

Plaintiff,

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JOINT STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME ON DEADLINES
AND DATES RELATED TO PLAINTIFFS’
MOTION FOR CLASS CERTIFICATION

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v.
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COLE HAAN, INC., a New York
Corporation; and DOES 1 through 50,
inclusive,

Hon. Jeffrey S. White
Courtroom 11, 19th Floor

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Defendants.
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STEFANI CONCEPCION, an individual, on
behalf of herself and all others similarly
situated,

Case No. 11-cv-02187-JSW

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Plaintiff,
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v.
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COLE HAAN, INC., a New York
Corporation; and DOES 1 through 50,
inclusive,

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Defendants.
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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1.

CONSOLIDATED CASE NO. 11-CV-01826-JSW

Joint Stip and Order Extending Time on Deadlines and Dates Related To Motion For Class Cert

Case3:11-cv-01826-JSW Document49 Filed04/06/12 Page2 of 5

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Pursuant to L.R. 6-2, counsel for Defendant Cole Haan and counsel for Plaintiffs
(collectively, the “Parties”) stipulate as follows:
WHEREAS, the deadlines for the class certification motions, fact and expert discovery
cutoffs and motions for summary judgment are as follows:

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Deadline/Event

Current Dates (If Any)

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Motion for Class Certification is due

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Opposition to Plaintiffs’ Motion for Class 14 days after the date the Motion is filed

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Certification is due

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Reply in support of the Motion for Class 7 days after the Opposition is filed

April 23, 2012

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Certification is due

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Hearing on Plaintiffs’ Motion for Class Not yet scheduled

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Certification

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Close of fact discovery

May 11, 2012

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Close of expert discovery

June 11, 2012

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The first party’s opening motion for summary June 22, 2012

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judgment is due

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The second party’s opposition and cross- July 6, 2012

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motion for summary judgment is due

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The reply and opposition to the cross-motion July 20, 2012

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for summary judgment is due

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The second party’s reply in support of the July 27, 2012

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cross-motion for summary judgment is due

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The last day for the Court to hear dispositive August 17, 2012

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motions

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WHEREAS, the parties have been engaged in mediation and post-mediation discussions,

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and have scheduled a further telephonic conference with Judge Infante, the mediator, for the week

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of April 9, 2012;

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2.

CONSOLIDATED CASE NO. 11-CV-01826-JSW

Joint Stip and Order Extending Time on Deadlines and Dates Related To Motion For Class Cert

Case3:11-cv-01826-JSW Document49 Filed04/06/12 Page3 of 5

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WHEREAS, Plaintiff Concepcion is pregnant and due to give birth very soon, which will

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limit her availability for deposition before the scheduled close of fact discovery on May 11, 2012;

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WHEREAS, there have been no previous time modifications, whether by stipulation or

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Court Order;

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WHEREAS, pursuant to such agreement, the Parties hereby seek an Order from the Court

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vacating the above-referenced dates, and re-setting the deadlines and dates relating to class

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certification, fact and expert discovery, and the motions for summary judgment as specified

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below;

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Now, therefore, the Parties stipulate and respectfully request that the Court order to re-set
the deadlines and dates as follows:

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Deadline/Event

Proposed Dates

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Motion for Class Certification is due

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Opposition to Plaintiffs’ Motion for Class July 10, 2012

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Certification is due

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Reply in support of the Motion for Class July 24, 2012

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Certification is due

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Hearing on Plaintiffs’ Motion for Class August 31, 2012

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Certification

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Close of fact discovery

June 29, 2012

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Close of expert discovery

July 30, 2012

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The first party’s opening motion for summary August 10, 2012

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judgment is due

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The second party’s opposition and cross- August 24, 2012

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motion for summary judgment is due

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The reply and opposition to the cross-motion September 11, 2012

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for summary judgment is due

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The second party’s reply in support of the September 18, 2012

June 18, 2012

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

3.

CONSOLIDATED CASE NO. 11-CV-01826-JSW

Joint Stip and Order Extending Time on Deadlines and Dates Related To Motion For Class Cert

Case3:11-cv-01826-JSW Document49 Filed04/06/12 Page4 of 5

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cross-motion for summary judgment is due
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The last day for the Court to hear dispositive October 29, 2012
motions

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IT IS SO STIPULATED.
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Dated: April 6, 2012

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COOLEY LLP
MICHELLE C. DOOLIN
JENNIFER M. FRENCH
BEATRIZ MEJIA
MATTHEW M. BROWN
/s/ Matthew M. Brown
Matthew M. Brown
Attorneys for Defendants
COLE HAAN

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Dated: April 6, 2012

PATTERSON LAW GROUP, APC
JAMES R. PATTERSON (211102)

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/s/ James R. Patterson
James R. Patterson

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Attorneys for Plaintiff
TAMMIE DAVIS

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Dated: April 6, 2012

STONEBARGER LAW, APC
GENE J. STONEBARGER (209461)
RICHARD D. LAMBERT (251148)

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/s/ Gene J. Stonebarger
Gene J. Stonebarger

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Attorneys for Plaintiff
STEFANI CONCEPCION

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

4.

CONSOLIDATED CASE NO. 11-CV-01826-JSW

Joint Stip and Order Extending Time on Deadlines and Dates Related To Motion For Class Cert

Case3:11-cv-01826-JSW Document49 Filed04/06/12 Page5 of 5

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FILER’S ATTESTATION
Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that
all parties have concurred in the filing of this document.

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Dated: April 6, 2012

COOLEY LLP

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/s/ Matthew M. Brown
Matthew M. Brown

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Attorneys for Defendants
COLE HAAN

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IT IS SO ORDERED.

AS MODIFIED ABOVE.

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April 9, 2012
Dated: __________________________

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__________________________________________
The Honorable Jeffrey S. White
United States District Judge

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1263541/SF

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

5.

CONSOLIDATED CASE NO. 11-CV-01826-JSW

Joint Stip and Order Extending Time on Deadlines and Dates Related To Motion For Class Cert