Hawthorne v. Umpqua Bank

Filing 90

STIPULATION AND ORDER re 89 Stipulation filed by Christopher Kneer, Victoria Kneer, Amber Hawthorne. Signed by Judge Jon S. Tigar on March 4, 2014. (wsn, COURT STAFF) (Filed on 3/4/2014)

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Hassan A. Zavareei (SBN 181547)
[e-mail]
TYCKO AND ZAVAREEI, LLP
2000 L Street, N.W., Suite 808
Washington, DC 20036
Tel.: [phone]
Fax: [phone]
Jeffrey M. Ostrow
[e-mail]
KOPELOWITZ OSTROW, P.A.
200 SW 1st Avenue, 12th Floor
Fort Lauderdale, FL 33301
Tel: [phone]
Fax: [phone]
Byron T. Ball (SBN 10195)
[e-mail]
THE BALL LAW FIRM, L.L.P.
10886 Wilshire Boulevard, Suite 1400
Los Angeles, CA 90024
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs, Amber Hawthorne,
Christopher Kneer, and Victoria Kneer
Scott H. Jacobs (SBN 81980)
[e-mail]
Kasey J. Curtis (SBN 268173)
[e-mail]
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071-1514
Tel: [phone]
Fax: [phone]
Attorneys for Defendant Umpqua Bank

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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AMBER HAWTHORNE, CHRISTOPHER
Civil Action No.: 3:11-cv-06700-JST
KNEER, and VICTORIA KNEER on Behalf of
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Themselves and All Others similarly situated,
Honorable Jon S. Tigar
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Plaintiffs,
STIPULATION TO AMEND
SCHEDULING ORDER
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vs.
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UMPQUA BANK,
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Defendant.
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STIPULATION TO AMEND SCHEDULING ORDER

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Plaintiffs Amber Hawthorne, Christopher Kneer, and Victoria Kneer (collectively,

2 “Plaintiffs”) and Defendant Umpqua Bank (“Defendant”), by and through their respective attorneys
3 of record, stipulate and agree as follows:
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WHEREAS, pursuant to the Court’s Scheduling Order (Docket No. 54), deadlines have been

5 set for class certification motion briefing in advance of a June 5, 2014 class certification hearing.
6 Plaintiffs’ motion for class certification is currently due to be filed on March 20, 2014, and
7 Defendant’s opposition to that motion is currently due to be filed on April 25, 2014.
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WHEREAS, the Parties have been working together to complete the discovery that Plaintiffs

9 seek in advance of the proceedings on class certification. Defendant concluded its document
10 production in October 2013. However, in light of the Court’s recent order granting Plaintiffs leave
11 to file their Third Amended Complaint, Defendant has agreed to supplement its document
12 production and a number of its prior interrogatory responses. Defendant is currently in the process
13 of gathering and preparing documents for the supplemental production it agreed to provide, and has
14 determined that a large portion of those documents are maintained in hard copy format only, making
15 it more time consuming to gather, scan, upload, and process those documents so they may be
16 produced in the format Plaintiffs requested. Defendant anticipates the production of a few thousand
17 pages of documents.
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WHEREAS, the Parties are currently in the process of finalizing dates to complete the

19 depositions of Defendant’s representatives, which were delayed while the parties met and conferred
20 to resolve their dispute regarding the scope of the original Federal Rule of Civil Procedure 30(b)(6)
21 deposition notice that Plaintiffs served on Defendant. One Rule 30(b)(6) deposition was convened
22 on December 20, 2013 on limited topics. Plaintiffs would like the opportunity to review the
23 supplemental production that Defendant has agreed to provide in advance of taking any further
24 depositions.
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WHEREAS, the Parties agree that a short extension of time for Plaintiffs to file their motion

26 for class certification is reasonable under the above-described circumstances, and that commensurate
27 extensions should be made to the other class certification briefing deadlines.
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STIPULATION TO AMEND SCHEDULING ORDER

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WHEREAS, the Scheduling Order does not provide a deadline for Plaintiffs to file their reply

2 brief in support of class certification, and the Parties would like to set a clear deadline for Plaintiffs
3 to file a reply brief to remove any potential ambiguity.
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IT IS HEREBY STIPULATED THAT:

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The Parties agree, subject to Court approval, to amend the deadlines for class certification

6 briefing as follows:
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Activity
Deadline for Plaintiffs’
motion for class certification
Deadline for Defendant’s
opposition to Plaintiffs’
motion for class certification
Deadline for Plaintiffs’ reply
in support of motion for class
certification
Deadline for the Parties to
file Joint Case Management
Statement
Hearing on Plaintiffs’
motion for class
certification and further
Case Management
Conference

Current Deadline

Requested Deadline

March 20, 2014

May 7, 2014

April 25, 2014

June 11, 2014

Currently None

June 25, 2014

May 22, 2014

14 days prior to Case
Management
Conference

June 5, 2014 at 2:00 p.m.

TBD by Court

Currently, June 5, 2014 at 2:00 p.m. is the hearing date on Plaintiffs’ class certification

18 motion and further Case Management Conference. The Parties are conscious the Court will want
19 sufficient time to review and analyze the Parties’ class certification briefing and evidence, and that
20 the requested amendments to the briefing schedule may impact the Court’s preparation for the
21 hearing. As such, the Parties respectfully request that the Court advise them of a new date and time
22 for the hearing and further Case Management Conference. Above, the Parties agree to file a Joint
23 Case Management Statement no later than 14 days prior to the Case Management Conference, which
24 time period is consistent with the existing Scheduling Order.
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Pursuant to Local Civil Rule 6-2(a), attached as Exhibit A is a joint declaration in support of

26 this Stipulation.
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STIPULATION TO AMEND SCHEDULING ORDER

1 DATED: February 28, 2014
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KOPELOWITZ OSTROW P.A.
TYCKO AND ZAVAREEI, LLP
THE BALL LAW FIRM, L.L.P.

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By

/s/ Hassan A. Zavareei
Hassan A. Zavareei

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Attorneys for Plaintiffs AMBER HAWTHORNE,
CHRISTOPHER KNEER, and VICTORIA KNEER

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7 DATED: February 28, 2014

REED SMITH LLP

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By

/s/ Scott H. Jacobs
Scott H. Jacobs

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Attorneys for Defendant UMPQUA BANK
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: ______________
March 4, 2014
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__________________________________
The Honorable Jon S. Tigar
UNITED STATES DISTRICT JUDGE

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STIPULATION TO AMEND SCHEDULING ORDER

FILER’S ATTESTATION

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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.
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DATED: February 28, 2014
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KOPELOWITZ OSTROW P.A.
TYCKO AND ZAVAREEI, LLP
THE BALL LAW FIRM, L.L.P.

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By

/s/ Hassan A. Zavareei
Hassan A. Zavareei

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Attorneys for Plaintiffs AMBER HAWTHORNE,
CHRISTOPHER KNEER, and VICTORIA KNEER

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FILER’S ATTESTATION