Hall v. Comcast Corporation et al

Filing 33

ORDER GRANTING AS MODIFIED 30 STIPULATION Regarding Extension of Deadline to File Motion for Class Certification: Case Management Statement due by 6/7/2013. Case Management Conference set for 6/14/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Motion Hearing set for 5/17/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 12/3/12. (jjoS, COURT STAFF) (Filed on 12/3/2012)

Case3:11-cv-05174-JSW Document30 Filed11/27/12 Page1 of 4

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TODD M. SCHNEIDER (SBN 158253)
CAROLYN H. COTTRELL (SBN 166977)
LEE B. SZOR (SBN 276381)
SCHNEIDER WALLACE
COTTRELL BRAYTON KONECKY LLP
180 Montgomery Street, Suite 2000
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff and the Putative Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
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LYNN HALL, individually and on behalf of
others similarly situated,

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Case No.: 3:11-cv-05174-JSW
STIPULATION AND [PROPOSED] ORDER
REGARDING EXTENSION OF DEADLINE
TO FILE MOTION FOR CLASS
CERTIFICATION

Plaintiff,
vs.

CLASS ACTION
COMCAST CORPORATION, COMCAST
OF CALIFORNIA / COLORADO / TEXAS /
WASHINGTON, INC., COMCAST OF
CALIFORNIA / COLORADO /
WASHINGTON I, INC. and DOES 1 to 50

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Defendants.

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STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION

Hall v. Comcast Corporation, et al., Case No. 3:11-cv-05174-JSW

Case3:11-cv-05174-JSW Document30 Filed11/27/12 Page2 of 4

STIPULATION

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WHEREAS on July 30, 2012, the Court entered the Parties’ Stipulation and Order Regarding

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3 Extension of Deadlines (Dkt. No. 26). Pursuant to this Stipulation and Order, Plaintiff’s motion for
4 class certification must be filed by January 18, 2013, Defendants’ opposition to that motion must be
5 filed by February 22, 2013, and Plaintiff’s reply brief must be filed by March 8, 2012. The motion for
6 class certification is currently set for hearing on April 12, 2013 at 9:00 AM.
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WHEREAS the Parties are currently working to resolve a number of discovery disputes,

8 including disputes regarding, inter alia: scheduling the depositions of certain witnesses; the propriety of
9 objections and responses to discovery requests; and whether each Defendant employed Plaintiff during
10 the class period. Regarding deposition scheduling, the Parties are currently attempting to schedule the
11 depositions of Marcus Tolibas, Douglas Berrios, Brian Key, Michael Prothrow, Ray Rosas, and two
12 Rule 30(b)(6) witnesses.1 Defendants also anticipate continuing the deposition of Plaintiff Lynn Hall.
13 The Parties hope to schedule these depositions sometime in December 2012 and January 2013. The
14 Parties may also subpoena additional witnesses for deposition. In addition, the Parties are attempting to
15 resolve their disputes over the propriety of objections and responses to discovery requests, including a
16 dispute over the sufficiency of document production.
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WHEREAS the Parties hope to resolve these disputes without Court involvement, but recognize

18 that such resolution will require an extension of the current deadline for Plaintiff to file a motion for
19 class certification. Such an extension is warranted to allow the Parties time to complete all necessary
20 discovery. An extension is also necessary to ensure that the Parties have sufficient time to determine
21 the evidence obtained through discovery which supports or opposes class treatment.
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AND WHEREFORE, in light of the foregoing, the Parties agree to the following briefing

23 schedule:
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Plaintiff will file her motion for class certification by February 22, 2013;

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Defendants will file their opposition to Plaintiff’s motion for class certification by March 29,

26 2013; and
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The Parties have already scheduled the depositions for the following witnesses: Pamela Gonzalez (November 27, 2012);
Stephen Gee (November 29, 2012); Sean Reid (December 6, 2012), and Joseph Novotny (December 17, 2012).
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STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION

Hall v. Comcast Corporation, et al., Case No. 3:11-cv-05174-JSW

Case3:11-cv-05174-JSW Document30 Filed11/27/12 Page3 of 4

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Plaintiff will file her reply brief by April 16, 2013.

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A hearing on Plaintiff’s motion for class certification should be set for May 17, 2013, or a date

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IT IS SO STIPULATED.
DATED: November 21, 2012

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SCHNEIDER WALLACE
COTTRELL BRAYTON KONECKY LLP

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/s/ Lee B. Szor
CAROLYN H. COTTRELL
TODD M. SCHNEIDER
LEE B. SZOR
SCHNEIDER WALLACE
COTTRELL BRAYTON KONECKY LLP
180 Montgomery Street, Suite 2000
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff LYNN HALL and the Putative Class

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DATED: November 21, 2012

LAFAYETTE & KUMAGAI LLP
/s/ Gary T. Lafayette
GARY T. LAFAYETTE
REBECCA K. KIMURA
LAFAYETTE & KUMAGAI LLP
100 Spear Street, Suite 600
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants COMCAST CORPORATION and
COMCAST OF CALIFORNIA / COLORADO /
WASHINGTON I, INC.

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STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION

Hall v. Comcast Corporation, et al., Case No. 3:11-cv-05174-JSW

Case3:11-cv-05174-JSW Document30 Filed11/27/12 Page4 of 4

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ORDER
The Court, having reviewed the Parties’ Stipulation Regarding Extension of Deadline to File
Motion for Class Certification, and good cause appearing, hereby vacates the existing briefing deadlines

4 and adopts the deadlines provided above. The hearing on Plaintiff’s Motion for Class Certification
The Court FURTHER ORDERS that the further
May 17
5 shall be set for _________________________, 2013.
case management conference is continued to June 14, 2012 at 1:30 p.m.
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IT IS SO ORDERED.
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Dated: December 3, 2012
__________________________
THE HONORABLE JEFFREY S. WHITE
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United States District Court 
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STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION

Hall v. Comcast Corporation, et al., Case No. 3:11-cv-05174-JSW