Rodman v. Safeway, Inc.

Filing 261

STIPULATION AND ORDER re 260 STIPULATION WITH [PROPOSED] ORDER CONTINUING HEARING DATE FOR MOTION TO CERTIFY FOR IMMEDIATE APPEAL AMENDED ORDER RE PARTIAL SUMMARY JUDGMENT filed by Michael Rodman. Signed by Judge Jon S. Tigar on May 7, 2015. (wsn, COURT STAFF) (Filed on 5/7/2015)

1 SHEPHERD, FINKELMAN, MILLER & SHAH, LLP
James C. Shah (SBN 260435)

2 401 West A Street, Suite 2350
San Diego, CA 92101

3 Telephone: [phone]
Facsimile: [phone]

4 [e-mail]
5 CHIMICLES & TIKELLIS LLP
Steven A. Schwartz

6 Timothy N. Mathews
361 W. Lancaster Avenue

7 Haverford, PA 19041
Telephone: [phone]

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Attorneys for Plaintiff and the Certified Class

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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
P. CRAIG CARDON, Cal. Bar No. 168646
BRIAN R. BLACKMAN, Cal. Bar No. 196996
4 Embarcadero Center, 17th Floor
San Francisco, California 94111-4109
Telephone:
415-434-9100
Facsimile:
415-434-3947
E-Mail:
[e-mail]
[e-mail]

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Attorneys for Defendant SAFEWAY INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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18 MICHAEL RODMAN, on behalf of himself
19 and all others similarly situated,

Case No. 3:11-CV-03003 JST (JCS)
JOINT STIPULATION AND PROPOSED
ORDER CONTINUING HEARING DATE
FOR MOTION TO CERTIFY FOR
IMMEDIATE APPEAL AMENDED
ORDER RE PARTIAL
SUMMARY JUDGMENT

Plaintiff,

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v.

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22 SAFEWAY INC.,
Defendant.

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Current Hearing Date: May 21, 2015
Proposed Hearing Date: June 4, 2015
Time: 2:00 PM
Courtroom: 9 – 19th Floor

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The Honorable Jon S. Tigar

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H0044217.

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OR

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JOINT STIPULATION AND PROPOSED ORDER
CONTINUING HEARING DATE FOR MOTION TO
CERTIFY FOR IMMEDIATE APPEAL AMENDED
ORDER RE PARTIAL SUMMARY JUDGMENT
Case No. C11-03003 JST (JCS)

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STIPULATION

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Plaintiff, Michael Rodman (“Plaintiff”) and Defendant, Safeway Inc. (“Safeway”), hereby

3 stipulate as follows:
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1.

WHEREAS, the hearing on Safeway’s Motion to Certify for Immediate Appeal

5 Amended Order Granting Partial Summary Judgement to Plaintiff (“Motion”) is currently
6 scheduled for May 21, 2015 (Dkt. No. 251);
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2.

WHEREAS, the Motion is now fully briefed (Dkt. Nos. 251, 253, 256);

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3.

WHEREAS, the Motion was not anticipated and accounted for in connection the

9 current schedule agreed to by the parties at the January 28, 2015 Case Management Conference
10 and the Stipulated Order Amending Case Schedule (Dkt. No. 246) dated March 24, 2015;
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4.

WHEREAS, counsel for Plaintiff has pre-existing professional and personal

12 obligations necessitating a modest continuance of the May 21, 2015 hearing date;
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5.

WHEREAS, counsel for Plaintiff and Safeway have met and conferred regarding a

14 continued hearing date and have agreed to a new hearing date of June 4, 2015;
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NOW, THEREFORE, subject to the Court’s approval, IT IS HEREBY STIPULATED

16 AND AGREED, by and among the undersigned that:
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1.

The hearing on the Motion currently scheduled for May 21, 2015 is continued to

18 June 4, 2015.
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IT IS SO STIPULATED.

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Dated: May 6, 2015

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SHEPHERD, FINKELMAN, MILLER & SHAH LLP
/s/ James C. Shah
JAMES C. SHAH
Attorneys for Plaintiff MICHAEL RODMAN

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H0044217.

-- 1 -JOINT STIPULATION AND PROPOSED ORDER
CONTINUING HEARING DATE FOR MOTION TO
CERTIFY FOR IMMEDIATE APPEAL AMENDED
ORDER RE PARTIAL SUMMARY JUDGMENT
Case No. C11-03003 JST (JCS)

1 Dated: May 6, 2015

SHEPPARD MULLIN RICHTER & HAMPTON LLP

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/s/ P. Craig Cardon
P. CRAIG CARDON
BRIAN R. BLACKMAN
Attorneys for Defendant
SAFEWAY INC.

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H0044217.

-- 2 -JOINT STIPULATION AND PROPOSED ORDER
CONTINUING HEARING DATE FOR MOTION TO
CERTIFY FOR IMMEDIATE APPEAL AMENDED
ORDER RE PARTIAL SUMMARY JUDGMENT
Case No. C11-03003 JST (JCS)

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PROPOSED ORDER

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IT IS SO ORDERED.

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_________________________________
ERED
HON. JON D TIGAR
O ORS.
IS S

IT

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Ti ga r

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n S.
J u d ge J o

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R NIA

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UNIT
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5 Date: _________________
May 7, 2015

RT
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S DISTRICT
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Good cause appearing therefore, PURSUANT TO THE FOREGOING STIPULATION,

N

D IS T IC T
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OF

C

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H0044217.

-- 3 -JOINT STIPULATION AND PROPOSED ORDER
CONTINUING HEARING DATE FOR MOTION TO
CERTIFY FOR IMMEDIATE APPEAL AMENDED
ORDER RE PARTIAL SUMMARY JUDGMENT
Case No. C11-03003 JST (JCS)

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CERTIFICATION

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I, James C. Shah, am the ECF User whose identification and password are being used to

3 file the foregoing document. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that all
4 other signatories have concurred in this filing.
5 Dated: May 6, 2015

SHEPHERD, FINKELMAN, MILLER & SHAH LLP

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By

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/s/ James C. Shah
JAMES C. SHAH
Attorneys for Plaintiff MICHAEL RODMAN

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H0044217.

-- 4 -JOINT STIPULATION AND PROPOSED ORDER
CONTINUING HEARING DATE FOR MOTION TO
CERTIFY FOR IMMEDIATE APPEAL AMENDED
ORDER RE PARTIAL SUMMARY JUDGMENT
Case No. C11-03003 JST (JCS)