Vartanian v. Nationwide Legal, Inc et al

Filing 55

STIPULATION AND ORDER re 54 to Extend Deadlines for mediation filed by Greg Vartanian, Nationwide Legal, LLC, Nationwide Legal, Inc Case Management Statement due by 7/5/2013. Further Case Management Conference set for 7/11/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Class Certification Motion Hearing set for 10/31/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 4/29/13. (bpf, COURT STAFF) (Filed on 4/29/2013)

1
2
3
4
5
6

FERNANDO F. CHAVEZ
[e-mail]
California Bar No. 86902
LAW OFFICES OF FERNANDO F. CHAVEZ

1530 The Alameda, Suite 301
San Jose, CA 95126
[phone] – Phone
[phone] – Facsimile
Attorneys for Greg Vartanian, Plaintiff

7
8
9
10
11
12
13
14
15
16
17

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
GREG VARTANIAN, on behalf
§
of himself and all others similarly situated, §
§
§
Plaintiffs,
§ Case No. 3:12-cv-00691-EMC
vs.
§
§ JOINT STIPULATION AND PROPOSED
NATIONWIDE LEGAL, INC.,
ORDER TO EXTEND DEADLINES
§
NATIONWIDE LEGAL, LLC, and
§
DOES 1-100, inclusive.
§
§
Defendant.

18

Plaintiff, Greg Vartanian, individually, and on behalf of putative class members
19
20

(“Plaintiffs”), and Defendants, Nationwide Legal, Inc. and Nationwide Legal, LLC

21

(“Defendants”), through their undersigned attorneys, stipulate and respectfully request that this

22

Court approve an extension of time for completion of mediation from April 29, 2013 to June 28,

23

2013; (b) continue the status conference from May 9, 2013 to July 11, 2013; (c) continue the

24

deadline for Plaintiff to serve his FLSA 216(b) and Rule 23 Class Certification motion from July
25
26

16, 2013 to September 13, 2013; and (d) continue the hearing on class certification to from

27

August 22, 2013 to October 31, 2013. As grounds for this extension, the parties state as follows:

28

JOINT STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINES - 1

1
2

1.

On February 21, 2013 the parties filed a Notice of Stipulation and Order re

Continuance of Mediation Completion Date (Doc. 52) requesting that (a) the mediation deadline

3

be moved to April 29, 2013; (b) the status conference be continued to May 6, 2013; and (c)
4
5

continuing the deadline for Plaintiff to serve his FLSA and Rule 23 Motion for Class

6

Certification to July 16, 2013.

7

2.

This Court entered an Order (Doc. 53) on February 25, 2013 (a) continuing the

8

mediation completion date to April 29, 2013; (b) continuing the status conference to May 9,
9
10

2013 at 10:30 a.m.; (c) continuing the deadline for Plaintiff to serve his FLSA 216(b) and Rule

11

23 Class Certification Motion to July 16, 2013; and (d) continuing the hearing on class

12

certification to August 22, 2013 at 1:30 p.m.

13

3.

The parties were scheduled to mediate this matter on April 24, 2013 with Carol

14

Woodward in San Francisco.
15
16

4.

On Sunday, April 21, 2013 Robert Camp, lead counsel for the Plaintiff, had to

17

cancel the mediation due to his father-in-law’s terminal illness, which required he and his family

18

to assist in caring for his father-in-law. On April 25, 2013, hospice evaluated the undersigned’s

19

father-in-law and determined that he had a two to three week life expectancy. The undersigned

20

has been out of the office with his father-in-law since April 21, 2013 and does not expect to be
21
22
23
24

able to return until the middle of May.
5.

The undersigned has been the key attorney involved in discussions with defense

counsel, reviewing documents and calculating damages and, as such, is necessary to the

25

mediation process.
26
27
28

6.

The undersigned conferred with the mediator and Defendant’s counsel on April

21, 2013 to apprise them of the situation and neither is opposed to the requested extension.

JOINT STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINES - 2

1
2

7.

For the above reasons, the parties request that the Court (a) extend the deadline

for completion of mediation from April 29, 2013 to June 28, 2013; (b) continue the status

3

conference from May 9, 2013 to July 11, 2013; (c) continue the deadline for Plaintiff to serve his
4
5

FLSA 216(b) and Rule 23 Class Certification motion from July 16, 2013 to September 13, 2013;

6

and (d) continue the hearing on class certification to October 31, 2013.

7

Dated: April 29, 2013

Respectfully submitted,

8

THE COCHRAN FIRM, LLC
9

/s/ Robert J. Camp
ROBERT J. CAMP
[e-mail]
Admitted Pro Hac Vice
1929 3rd Avenue North, Suite 800
Birmingham, AL 35203
[phone] – Phone
[phone] – Facsimile

10
11
12
13
14
15

MITCHELL G. ALLEN
[e-mail]
CORY, WATSON, CROWDER AND DEGARIS
2131 Magnolia Avenue
Birmingham, AL 35205
205-328-2800 – Phone

16
17
18
19
20
21
22
23

FERNANDO CHAVEZ
[e-mail]  
California Bar No. 86902 
LAW OFFICES OF FERNANDO F. CHAVEZ

1530 The Alameda, Suite 301
San Jose, CA 95126
[phone] – Phone
[phone] – Facsimile

24
25

Attorneys for Plaintiff

GREG VARTANIAN

26
27
28

JOINT STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINES - 3

– and –

2

/s/ Erin Smith
MICHELLE LA MAR (SBN 163038)
[e-mail]
JON DARYANANI (SBN 205149)
[e-mail]
ERIN SMITH (SBN 235039)
[e-mail]
LOEB & LOEB LLP
10100 Santa Monica Blvd., Ste. 2200
Los Angeles, CA 90067
[phone] – Phone
[phone] – Facsimile

3
4
5
6
7
8
9
10

MICHAEL E. ADAMS
[e-mail]
LAW OFFICES OF MICHAEL E. ADAMS
702 Marshall Street, suite 300
Redwood City, CA 94063
[phone] – Phone
[phone] – Facsimile

11
12
13
14
15

Attorneys for Defendants
NATIONWIDE LEGAL, INC. and
NATIONWIDE LEGAL, LLC

16

RT
U
O

21

25

ER

H

24

RT

23

NO

22

D

________________
RDERE
S SO O
Edward M. Chen IT I
U.S. District Judge
n
M. Che
Edward
Judge

LI

20

A

19

UNIT
ED

S

18

S DISTRICT
TE
C
IT IS SO ORDERED: A
T

R NIA

17

FO

1

N

F
D IS T IC T O
R

C

26
27
28

JOINT STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINES - 4