Shughrou v. Euromarket Designs, Inc.

Filing 38

ORDER GRANTING 37 STIPULATION to Continue Hearings on Motion for Partial Summary Judgment [Dkt 30] and Motion for Class Certification [Dkt 35] and Setting Briefing Schedule: Responses due by 6/15/2012. Replies due by 6/29/2012. Motion Hearing set for 7/20/2012 09:00 AM before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 4/16/12. (jjoS, COURT STAFF) (Filed on 4/16/2012)

Case3:11-cv-02325-JSW Document37 Filed04/13/12 Page1 of 5

1 P. CRAIG CARDON, Cal. Bar No. 168646
[e-mail]
2 BRIAN BLACKMAN, Cal. Bar No. 196996
[e-mail]
3 ELIZABETH S. BERMAN, Cal. Bar No. 252377
[e-mail]
4 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
4 Embarcadero Center, 17th Floor
5 San Francisco, California 94111-4109
Telephone: [phone]
6 Facsimile: 415.434.3947
7 Attorneys for Defendant EUROMARKET
DESIGNS, INC., d/b/a CRATE & BARREL
8
9 ALLISON H. GODDARD, Cal. Bar No. 211098
PATTERSON LAW GROUP
10 402 West Broadway, 29th Floor
11 San Diego, California 92101
Telephone: [phone]
12 Facsimile: 619.756.6991
[e-mail]
13
14 Attorneys for Plaintiff and the Class
15

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

17
JESSICA SHUGHROU, an individual, on
behalf of herself and all others similarly
19 situated,
18

20
21

Plaintiff,
vs.

22
EUROMARKET DESIGNS, INC., an
23 Illinois corporation, and DOES 1 through
50, inclusive
24
Defendants.

Case No. 3:11-cv-02325-JSW
STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARINGS
ON MOTION FOR PARTIAL
SUMMARY JUDGMENT AND
MOTION FOR CLASS
CERTIFICATION AND SETTING
BRIEFING SCHEDULE

25

Date:
June 22, 2012
Time:
9:00 a.m.
Courtroom: 11, 19th Floor

26

The Honorable Jeffrey S. White

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CASE NO. 11-cv-02325 JSW

STIP. & ORDER CONTINUING MOTION
HEARINGS AND SETTING BRIEFING SCHEDULE

Case3:11-cv-02325-JSW Document37 Filed04/13/12 Page2 of 5

1

Plaintiff Jessica Shughrou ("Plaintiff") and defendant Euromarket Design, Inc., d/b/a

2 Crate & Barrel ("Crate & Barrel"), by and through their counsel, stipulate:
3

1.

Plaintiff initiated this action on May 11, 2011 and filed her operative First

4 Amended Complaint on September 29, 2011. (Dkt. Nos. 1 & 17.) The Amended Complaint
5 alleges defendant Crate & Barrel violated the Song-Beverly Credit Card Act, California
6 Civil Code § 1747/08, et seq. ("Song-Beverly"), and committed various related torts, by
7 requesting and recording Plaintiff's Zip Code during a credit card transaction in California.
8 (Dkt. No. 17.)
9

2.

After the Court denied Crate & Barrel's Motion to Strike or Dismiss Portions

10 of the Amended Complaint, Crate & Barrel answered the Amended Complaint on January 3,
11 2012, alleging various defenses. (Dkt. No. 27.)
12

3.

Six other class action complaints have been filed against Crate & Barrel,

13 alleging generally the same violation of Song-Beverly that is alleged in the present action.
14 All of those cases, expect one (which remains in state court), have been transferred to this
15 Court and related to this action.
16

4.

On March 26, 2011, Crate & Barrel filed a Motion for Partial Summary

17 Judgment, seeking judgment on Plaintiff's first claim for violation of Song-Beverly, with a
18 hearing date of June 22, 2012. (Dkt. No. 30.) By stipulation and order the Court set a
19 briefing schedule on this motion such that Plaintiff's Opposition and Crate & Barrel's Reply
20 are due May 9 and 25, 2012, respectively. (Dkt. No. 34.)
21

5.

On April 10, 2012, Plaintiff filed her Motion for Class Certification with a

22 hearing date set for June 15, 2012. (Dkt. No. 35.) Crate & Barrel's Opposition and
23 Plaintiff's Reply are due April 24, 2012 and June 1, 2012, respectively. As noted in
24 Plaintiff's motion, there has been no discovery taken in this matter to date. The Court
25 continued the hearing on Plaintiff's motion to June 22, 2012 to coincide with Crate &
26 Barrel's Motion for Partial Summary Judgment. (Dkt. No. 36.)
27

6.

On April 11, 2012, Plaintiff and Crate & Barrel participated in a full day

28 mediation before Judge Edward Infante (Ret.) at JAMS in San Francisco. This was a global
-1CASE NO. 11-cv-02325 JSW

STIP. & ORDER CONTINUING MOTION
HEARINGS AND SETTING BRIEFING SCHEDULE

Case3:11-cv-02325-JSW Document37 Filed04/13/12 Page3 of 5

1 mediation, involving all seven of the Song-Beverly actions filed against Crate & Barrel.
2 Crate & Barrel's insurer, The Hartford, also participated in the mediation.
3

7.

The parties made progress towards a settlement during the mediation, but did

4 not reach a final agreement. Mediator Infante has made a mediator's offer, which remains
5 open until next week. The parties are continuing their settlement discussion and wish to
6 focus their immediate efforts on settlement. As such, the parties jointly request the Court
7 continue the June 22, 2012 hearing on both motions to July 20, 2012 and set the following
8 briefing schedule for both motions:
9

(a)

Opposition Briefs due for filing and service June 15, 2012; and

10

(b)

Reply Briefs due for filing and service June 29, 2012.

11

IT IS SO STIPULATED.

12 Dated: April 13, 2012
13

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

14
By

15

/s/ Brian R. Blackman
CRAIG CARDON
BRIAN R. BLACKMAN
ELIZABETH S. BERMAN
Attorneys for Defendant
EUROMARKET DESIGN, INC.,
d/b/a CRATE & BARREL

16
17
18
19
20 Dated: April 13, 2012

PATTERSON LAW GROUP

21
By

22
23
24

/s/ Allison H. Goddard
ALLISON H. GODDARD
Attorneys for Plaintiff
JESSICA SHUGHROU and THE CLASS

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-2CASE NO. 11-cv-02325 JSW

STIP. & ORDER CONTINUING MOTION
HEARINGS AND SETTING BRIEFING SCHEDULE

Case3:11-cv-02325-JSW Document37 Filed04/13/12 Page5 of 5

1

ORDER

2

Having considered the parties' stipulation and good cause appearing, the Court

3 continues the hearings on Crate & Barrel's Motion for Partial Summary Judgment (Dkt. No.
4 30) and Plaintiff's Motion for Class Certification (Dkt. No. 35) to July 20, 2012 at 9:00 AM
5 in Courtroom 11, 19th Floor. The Court further orders the following briefing schedule for
6 both motions:
7

(a)

Opposition Briefs due for filing and service June 15, 2012; and

8

(b)

Reply Briefs due for filing and service June 29, 2012.

9

IT IS SO ORDERED.

10 Dated: April __, 2012
16
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______________________________________
The Honorable Jeffrey S. White
United States District Judge

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CASE NO. 11-cv-02325 JSW

STIP. & ORDER CONTINUING MOTION
HEARINGS AND SETTING BRIEFING SCHEDULE