Cluck v. Ikon Office Solutions, Inc.,

Filing 48

ORDER GRANTING 47 STIPULATION TO CONTINUE DATES. Motion Hearing set for 4/20/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Case Management Statement due by 4/13/2012. Case Management Conference set for 4/20/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 3/5/12. (jjoS, COURT STAFF) (Filed on 3/6/2012)

Case3:11-cv-05027-JSW Document47 Filed03/05/12 Page1 of 5

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SEYFARTH SHAW LLP
Francis J. Ortman III (SBN 213202)
E-mail: [e-mail]
Kimberly G. Brener (SBN 244531)
E-mail: [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Raymond R. Kepner (SBN 90093)
E-mail: [e-mail]
Sara M. Poggi (SBN 259469)
E-mail: [e-mail]
333 S. Hope Street, Suite 3900
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
IKON OFFICE SOLUTIONS, INC.
HAMMONDLAW, PC
Julian Hammond (SBN 268489)
E-mail: [e-mail]
1180 S. Beverly Drive, Suite 601
Los Angeles, California 90035
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs
TAMMI PELTON CLUCK, CEDRIC HEFFNER,
ALAN KABAKOFF and BRIAN SWANSON

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UNITED STATES DISTRICT COURT

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IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO

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TAMMI PELTON CLUCK, CEDRIC
HEFFNER, ALAN KABAKOFF, and BRIAN
SWANSON, individually and on behalf of all
others similarly situated,
Plaintiffs,
v.
IKON OFFICE SOLUTIONS, INC., an Ohio
Corporation,
Defendant.

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Case No. CV 11 5027 JSW
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE THE
HEARING ON THE MOTION TO
DISMISS AND STRIKE, THE MOTION
TO STAY OR TRANSFER, AND THE
CASE MANAGEMENT CONFERENCE
UNTIL APRIL 20, 2012
Judge: Hon. Jeffrey S. White
Complaint Filed: October 12, 2011
FAC Filed: November 30, 2011

Stipulation and [Proposed] Order For Continuances of the Hearing on the Motion to Dismiss and Strike and the
Motion to Stay/ Transfer and the Case Management Conference/ Case No. CV 11 5027 JSW

Case3:11-cv-05027-JSW Document47 Filed03/05/12 Page2 of 5

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Pursuant to Local Rule 6-2 and 7-12, Plaintiffs Tammi Pelton Cluck, Cedric Heffner,

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Alan Kabakoff, and Brian Swanson (collectively, the “Plaintiffs”) and Defendant IKON Office

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Solutions, Inc. (“IKON”) (collectively, the “Parties”), by and through their undersigned counsel,

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hereby stipulate as follows:

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RECITALS

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Whereas, IKON filed its Motion to Dismiss and/or Motion to Strike the Class Allegations

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in Plaintiffs’ First Amended Complaint (hereinafter the “Motion to Dismiss and Strike”) on

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January 3, 2012. Plaintiffs filed an Opposition on January 17, 2012. (See Declaration of Julian

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Hammond (“Hammond Decl.”) ¶ 2). The hearing on IKON’s Motion to Dismiss and Strike is

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currently scheduled for April 13, 2012 at 9:00 a.m. (Id.).
Whereas, IKON filed a Motion to Stay, or in the alternative, Transfer Action (hereinafter

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“Motion to Stay/Transfer”) on November 22, 2011 and a Notice of Pendency of Other Actions or

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Proceedings on November 21, 2011. (Id. at ¶ 3). Plaintiffs filed their Opposition to the Motion

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to Stay/Transfer on December 4, 2011 and IKON filed its Reply on December 11, 2011. (Id.).

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IKON subsequently filed an Administrative Motion Re: Continued Validity of Motion to Stay, or

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in the Alternative, to Transfer Action Despite Changed Circumstances (hereinafter, the

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“Administrative Motion”), on January 9, 2012. (Id. at ¶ 4). Plaintiffs filed their Opposition to

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this Administrative Motion on February 13, 2012. (Id.). The hearing on IKON’s Motion to

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Stay/Transfer is currently scheduled for April 13, 2012 at 9:00 a.m. (Id. at ¶ 4).

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Whereas, on November 8, 2011, the Court issued an Order Setting Case Management

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Conference and Requiring Joint Case Management Statement (the “Order”) in this action. (Id. at

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¶ 5). The Court’s Order set the initial Case Management Conference for Friday, February 3,

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2012 at 1:30 p.m. (Id.).

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Whereas, on January 12, 2012 the Parties entered a stipulation continuing the Case

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Management Conference to April 13, 2012 at 9:00 a.m. (the same date and time as the hearings

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on the pending Motions) and further stipulated to enlarge the time on the briefing schedules for

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the Motion to Dismiss and Strike and Motion to Stay/Transfer. The Court approved the Parties’

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Stipulation and [Proposed] Order For Continuances of the Hearing on the Motion to Dismiss and Strike and the
Motion to Stay/ Transfer and the Case Management Conference/ Case No. CV 11 5027 JSW

Case3:11-cv-05027-JSW Document47 Filed03/05/12 Page3 of 5

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Stipulation and altered the date/time of the Case Management Conference and revised the

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Parties’ briefing schedule on such Motions by Order dated January 18, 2012.
Whereas, to accommodate Plaintiffs’ counsel’s religious observance, which interferes

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with his ability to appear on April 13, 2012, Plaintiffs requested that IKON stipulate to a

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continuance (until April 20, 2012) of the above-referenced hearings and Case Management

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Conference and IKON agreed. (Id. at ¶ 7).

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Whereas, the Parties have agreed to continue the hearings on the Motion to Dismiss and

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Strike and the Motion to Stay/Transfer for 7 days and to continue the currently scheduled Case

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Management Conference for 7 days, such that both hearings and the Case Management

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Conference are scheduled for April 20, 2012 at 9:00 a.m. (Id. at ¶ 8).
Whereas, as of the date of this Stipulation, there have been no other time modifications in

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this case, with the exception of two other stipulations enlarging the time for IKON to respond to

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Plaintiffs’ complaints (pursuant to Local Rule 6-1(a)) and the stipulation described above. (Id. at

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¶ 11).

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Whereas good cause exists to continue the hearings on the Motion to Dismiss and Strike

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and the Motion to Stay/Transfer for 7 days, and to continue the currently scheduled Case

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Management Conference, in view of the fact that Plaintiffs’ counsel’s religious observance

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interferes with his ability to appear on the scheduled day. (Id. at ¶ 7 and 12). Without such a

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continuance and postponement, Plaintiffs’ counsel would otherwise be unable to attend the

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scheduled hearings on the Motion to Dismiss and Strike and the Motion to Stay/Transfer and the

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Case Management Conference. (Id.).

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STIPULATION
Now, therefore, it is hereby stipulated by, between, and among the Parties through their

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respective counsel, that the hearings on the Motion to Dismiss and Strike and the Motion to Stay/

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Transfer and the Case Management Conference (and all related dates) be continued as follows:

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(1) The Parties hereby stipulate that the hearings on the Motion to Dismiss and Strike and
the Motion to Stay/Transfer be continued 7 days, to April 20, 2012 at 9:00 a.m. (Id. at ¶ 7).
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Stipulation and [Proposed] Order For Continuances of the Hearing on the Motion to Dismiss and Strike and the
Motion to Stay/ Transfer and the Case Management Conference/ Case No. CV 11 5027 JSW

Case3:11-cv-05027-JSW Document47 Filed03/05/12 Page4 of 5

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(2) The Parties further agree that the Case Management Conference currently scheduled

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with the Court on Friday, April 13, 2012 at 9:00 a.m. be continued to April 20, 2012 at 9:00

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a.m. (the same date and time as the stipulated hearing date for IKON’s Motion to Dismiss and

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Strike and Motion to Stay/Transfer). The Parties further stipulate and agree and that all dates

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corresponding to the Case Management Conference also be continued and calculated from the

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new Conference date (e.g., the Parties’ Joint Case Management Statement would be due April

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13, 2012).

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IT IS SO STIPULATED.

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DATED: February __, 2012

SEYFARTH SHAW LLP

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By

/s/ Kimberly Brenner
Kimberly G. Brener
Attorneys for Defendant
IKON OFFICE SOLUTIONS, INC.

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DATED: February __, 2012

HAMMONDLAW, PC

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By

/s/ Julian Hammond
Julian Hammond
Attorneys for Plaintiffs TAMMI PELTON
CLUCK, CEDRIC HEFFNER, ALAN
KABAKOFF, and BRIAN SWANSON

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: March 6, 2012

Hon. Jeffrey S. White

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Stipulation and [Proposed] Order For Continuances of the Hearing on the Motion to Dismiss and Strike and the
Motion to Stay/ Transfer and the Case Management Conference/ Case No. CV 11 5027 JSW