Main v. Wal-Mart Stores Inc

Filing 57

ORDER GRANTING 55 STIPULATION to Continue Hearing on Motion for Class Certification and Further Case Management Conference from July 27, 2012 to October 26, 2012. Case Management Statement due by 10/19/2012. Case Management Conference set for 10 /26/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco. Motion Hearing set for 10/26/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 5/24/12. (jjoS, COURT STAFF) (Filed on 5/24/2012)

Case3:11-cv-01919-JSW Document55 Filed05/23/12 Page1 of 7

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Scott Jacobs, SBN 81980
Brandon Corbridge, SBN 244934
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071-1514
Telephone:
213.457.8000
Facsimile:
213.457.8080
Attorneys for Defendant
WAL-MART STORES, INC.

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Gene J. Stonebarger, SBN 209461
Richard D. Lambert, SBN 251148
STONEBARGER LAW, P.C.
75 Iron Point Circle, Suite 145
Folsom, CA 95630
Telephone:
916.235.7140
Facsimile:
916.235.7141

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Co-Lead Plaintiffs’ Counsel

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KIMBERLEY MAIN and EYAD AKEL,
individuals, on behalf of themselves and all others
similarly situated,
Plaintiffs,
vs.
WAL-MART STORES, INC., a Delaware
corporation; and DOES 1 through 50, inclusive,
Defendants.

No.: 3:11-cv-01919-JSW
Consolidated Cases:
Landeros, Case No. 11-CV-2659-JWS
Nelson, Case No. 11-CV-2001-JWS
Grikavicius, Case No. 11-CV-2893-JWS
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE HEARING ON
MOTION FOR CLASS CERTIFICATION
AND FURTHER CASE MANAGEMENT
CONFERENCE FROM JULY 27, 2012 TO
OCTOBER 26, 2012

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Hon. Jeffrey S. White

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION FOR CLASS
CERTIFICATION AND FURTHER CASE MANAGEMENT CONFERENCE

Case3:11-cv-01919-JSW Document55 Filed05/23/12 Page2 of 7

STIPULATION

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This Stipulation is made pursuant to Local Rules 6-1(b) and 6-2 and this Court’s Civil

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Standing Order 3 by and between plaintiffs Kimberly Main, Robin Nelson, Marylynn Grikavicius,

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and Lourdes R. Landeros (“Plaintiffs”) and defendant Wal-Mart Stores, Inc. (“Defendant”), by and

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through their respective counsel, in light of the following facts:

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WHEREAS, on December 16, 2011, this Court entered a Civil Minute Order in this

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consolidated matter setting a hearing of July 27, 2012 at 9:00 a.m. for Plaintiffs’ Motion for Class

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Certification and a Further Case Management Conference;

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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WHEREAS, on April 16, 2012, the parties participated in a mediation before the Hon.

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Edward A. Infante (Ret.) at the JAMS Judicial Arbitration, Mediation, and ADR Services offices

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located in San Francisco, California, at which the parties reached an agreement in principle on the

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material terms of a possible settlement;

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WHEREAS, the parties agreed that the terms of the possible settlement would be subject to
review and final approval by Defendant’s management;

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WHEREAS, the review by Defendant’s management is ongoing;

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WHEREAS, the parties wish to avoid the costs of further discovery and briefing on the

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Motion for Class Certification and, therefore, request that the hearing on the Motion for Class

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Certification and Further Case Management Conference be continued from July 27, 2012 to October

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26, 2012, or some later date convenient to the Court;

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WHEREAS, there have been no previous time modifications in this case, whether by

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stipulation or Court order, related to the Motion for Class Certification or the Further Case

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Management Conference set by the Court’s December 16, 2011 Civil Minute Order; and

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WHEREAS, there has been no date set for trial in this case and the requested time
modification will not affect any other deadlines scheduled in this case.

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NOW, THEREFORE, Plaintiffs and Defendant hereby stipulate and jointly request that the

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Court continue the hearing for the Motion for Class Certification and the Further Case Management

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Conference from July 27, 2012 to October 26, 2012, or some later date convenient to the Court.
No.: 3:11-cv-01919-JSW
-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON CLASS CERTIFICATION MOTION
AND FURTHER CASE MANAGEMENT CONFERENCE

Case3:11-cv-01919-JSW Document55 Filed05/23/12 Page3 of 7

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IT IS SO STIPULATED

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DATED: May 23, 2012

REED SMITH LLP

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By: /s/ Scott H. Jacobs
Scott H. Jacobs
Brandon W. Corbridge
Attorneys for Defendant
WAL-MART STORES, INC.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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DATED: 5/23/2012

STONEBARGER LAW, P.C.

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By: /s/ Gene J. Stonebarger
Gene J. Stonebarger
Richard D. Lambert
Co-Lead Plaintiffs’ Counsel

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No.: 3:11-cv-01919-JSW
-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON CLASS CERTIFICATION MOTION
AND FURTHER CASE MANAGEMENT CONFERENCE

Case3:11-cv-01919-JSW Document55 Filed05/23/12 Page4 of 7

FILER’S ATTESTATION

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Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that

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all parties have concurred in the filing of this Stipulation and [Proposed] Order Continue Hearing on

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Motion for Class Certification and Further Case Management Conference.

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DATED: May 23, 2012

REED SMITH LLP

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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By: /s/ Scott H. Jacobs
Scott H. Jacobs
Brandon W. Corbridge
Attorneys for Defendant
WAL-MART STORES, INC.

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No.: 3:11-cv-01919-JSW
-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON CLASS CERTIFICATION MOTION
AND FURTHER CASE MANAGEMENT CONFERENCE

Case3:11-cv-01919-JSW Document55 Filed05/23/12 Page5 of 7

[PROPOSED] ORDER

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PURSUANT TO THE ABOVE STIPULATION, IT IS ORDERED that:

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October 26, 2012 at 9:00 a.m.
The hearing on the Motion for Class Certification is continued to _______________.

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2.

The Further Status Conference is continued to ________________. 9:00 a.m.
October 26, 2012 at

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May 24, 2012
Dated: ______________________

By: ___
The Honorable Jeffrey S. White
United States District Judge

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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No.: 3:11-cv-01919-JSW
-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON CLASS CERTIFICATION MOTION
AND FURTHER CASE MANAGEMENT CONFERENCE