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
1
2
3
4
5
6
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.
10
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
11
Co-Lead Plaintiffs’ Counsel
7
8
REED SMITH LLP
A limited liability partnership formed in the State of Delaware
9
12
UNITED STATES DISTRICT COURT
13
NORTHERN DISTRICT OF CALIFORNIA
14
15
16
17
18
19
20
21
22
23
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
24
25
Hon. Jeffrey S. White
26
27
28
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
1
2
3
This Stipulation is made pursuant to Local Rules 6-1(b) and 6-2 and this Court’s Civil
4
Standing Order 3 by and between plaintiffs Kimberly Main, Robin Nelson, Marylynn Grikavicius,
5
and Lourdes R. Landeros (“Plaintiffs”) and defendant Wal-Mart Stores, Inc. (“Defendant”), by and
6
through their respective counsel, in light of the following facts:
7
WHEREAS, on December 16, 2011, this Court entered a Civil Minute Order in this
8
consolidated matter setting a hearing of July 27, 2012 at 9:00 a.m. for Plaintiffs’ Motion for Class
9
Certification and a Further Case Management Conference;
REED SMITH LLP
A limited liability partnership formed in the State of Delaware
10
WHEREAS, on April 16, 2012, the parties participated in a mediation before the Hon.
11
Edward A. Infante (Ret.) at the JAMS Judicial Arbitration, Mediation, and ADR Services offices
12
located in San Francisco, California, at which the parties reached an agreement in principle on the
13
material terms of a possible settlement;
14
15
WHEREAS, the parties agreed that the terms of the possible settlement would be subject to
review and final approval by Defendant’s management;
16
WHEREAS, the review by Defendant’s management is ongoing;
17
WHEREAS, the parties wish to avoid the costs of further discovery and briefing on the
18
Motion for Class Certification and, therefore, request that the hearing on the Motion for Class
19
Certification and Further Case Management Conference be continued from July 27, 2012 to October
20
26, 2012, or some later date convenient to the Court;
21
WHEREAS, there have been no previous time modifications in this case, whether by
22
stipulation or Court order, related to the Motion for Class Certification or the Further Case
23
Management Conference set by the Court’s December 16, 2011 Civil Minute Order; and
24
25
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.
26
NOW, THEREFORE, Plaintiffs and Defendant hereby stipulate and jointly request that the
27
Court continue the hearing for the Motion for Class Certification and the Further Case Management
28
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
1
2
IT IS SO STIPULATED
3
4
DATED: May 23, 2012
REED SMITH LLP
5
6
By: /s/ Scott H. Jacobs
Scott H. Jacobs
Brandon W. Corbridge
Attorneys for Defendant
WAL-MART STORES, INC.
7
8
9
REED SMITH LLP
A limited liability partnership formed in the State of Delaware
10
DATED: 5/23/2012
STONEBARGER LAW, P.C.
11
12
13
By: /s/ Gene J. Stonebarger
Gene J. Stonebarger
Richard D. Lambert
Co-Lead Plaintiffs’ Counsel
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that
3
all parties have concurred in the filing of this Stipulation and [Proposed] Order Continue Hearing on
4
Motion for Class Certification and Further Case Management Conference.
5
6
DATED: May 23, 2012
REED SMITH LLP
7
8
9
REED SMITH LLP
A limited liability partnership formed in the State of Delaware
10
By: /s/ Scott H. Jacobs
Scott H. Jacobs
Brandon W. Corbridge
Attorneys for Defendant
WAL-MART STORES, INC.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
PURSUANT TO THE ABOVE STIPULATION, IT IS ORDERED that:
4
5
1.
October 26, 2012 at 9:00 a.m.
The hearing on the Motion for Class Certification is continued to _______________.
6
2.
The Further Status Conference is continued to ________________. 9:00 a.m.
October 26, 2012 at
7
8
9
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
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
No.: 3:11-cv-01919-JSW
-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON CLASS CERTIFICATION MOTION
AND FURTHER CASE MANAGEMENT CONFERENCE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?