McKinnon v. Dollar Thrifty Automotive Group, Inc. et al

Filing 136

STIPULATION AND ORDER to: (1) Enlarge Time to Respond to Amended Motion for Class Certification and Motion to Grant Request for Intervention and to File Fourth Amended Complaint; and (2) Continue Hearing Date. Set/Reset Deadlines as to 133 Se cond MOTION to Certify Class, 134 MOTION to Intervene and File Fourth Amended Complaint. Motion Hearing set for 12/11/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 09/04/2015. (tmiS, COURT STAFF) (Filed on 9/4/2015)

1 ROSS B. BRICKER [(Admitted Pro Hac Vice)]
[e-mail]
2 JOHN F. WARD, JR. [(Admitted Pro Hac Vice)]
[e-mail]
3 DANIEL J. WEISS [(Admitted Pro Hac Vice)]
[e-mail]
4 JENNER & BLOCK LLP
353 N. Clark Street
5 Chicago, IL 60654-3456
Telephone: [phone]
312-527-0484
6 Facsimile:
7 KENNETH E. KELLER (State Bar No. 71450)
[e-mail]
8 TRACY M. CLEMENTS (State Bar No. 184150)
[e-mail]
9 KELLER, SLOAN, ROMAN & HOLLAND LLP
555 Montgomery Street, 17th Floor
10 San Francisco, California 94111
Telephone:
415.249-8330
415.249-8333
11 Facsimile:
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Attorneys for Defendants DOLLAR THRIFTY
13 AUTOMOTIVE GROUP, INC., DOLLAR RENT A
CAR, INC. and DTG OPERATIONS, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

17 SANDRA McKINNON and KRISTEN
TOOL, individually and on behalf of all others
18 similarly situated,
Plaintiffs,

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v.

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DOLLAR THRIFTY AUTOMOTIVE
21 GROUP, INC. d/b/a DOLLAR RENT A CAR;
DOLLAR RENT A CAR, INC.; DTG
22 OPERATIONS, INC. d/b/a DOLLAR RENT
A CAR; and DOES 1-10, inclusive,
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Defendants.
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Case No. 12-cv-04457- SC
STIPULATION AND [PROPOSED]
ORDER TO: (1) ENLARGE TIME TO
RESPOND TO AMENDED MOTION FOR
CLASS CERTIFICATION AND MOTION
TO GRANT REQUEST FOR
INTERVENTION AND TO FILE
FOURTH AMENDED COMPLAINT; AND
(2) CONTINUE HEARING DATE
Current Hearing Date: October 30, 2015
Time:
10:00 a.m.
Judge:
Hon. Samuel Conti
Courtroom:
1
[Complaint Filed: August 24, 2012]

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STIPULATION AND [PROPOSED] ORDER TO
ENLARGE TIME
Case No. 12-cv-04457-SC
2384890.4

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Pursuant to Fed. R. Civ. P. 6(b)(1) and 16(b)(4); Civil L.R. 7-12, 6-1(b), and 6-2; and the
Supporting Declaration of Daniel J. Weiss, it is hereby stipulated by and between Plaintiffs and
Defendants (together the “Parties”), through their respective counsel, as follows:
WHEREAS, on July 27, 2015, the Court denied Plaintiffs’ Motion for Class Certification
and ordered that Plaintiffs could file a new motion for class certification within 30 days, by
August 26, 2015 (ECF No. 132);
WHEREAS, on August 26, 2015, Plaintiffs filed a Motion to Grant Request for
Intervention and to File Fourth Amended Complaint (ECF Nos. 133, 134) (the “Intervention
Motion”) and an Amended Motion for Class Certification (the “Class Certification Motion”);
WHEREAS, Defendants’ responses to both of Plaintiffs’ motions are currently due by
September 9, 2015;
WHEREAS, Defendants intend to respond to the Intervention Motion separately from the
Class Certification Motion and desire to set different briefing schedules for those motions;
WHEREAS, Defendants submit they require discovery to respond to the Class
Certification Motion, including depositions of the two newly proposed plaintiffs, which must be
coordinated with counsel’s and the witnesses’ schedules, and depending on Defendants’ response,
Plaintiffs may require discovery, including depositions of any Declarants proffered by Defendants
(both parties reserving the right to object to such discovery);
WHEREAS, the grounds for this stipulation are further set forth in the accompanying
Declaration of Daniel J. Weiss.
NOW, THEREFORE, the Parties stipulate as follows:
1.

That the Court enlarge the time for Defendants to respond to Plaintiffs’

Intervention Motion (ECF No. 134) to September 23, 2015, and the time for Plaintiffs to reply to
Defendants’ response to the Intervention Motion to October 14, 2015.
2.

That the Court enlarge the time for Defendants to respond to Plaintiffs’ Class

Certification Motion (ECF No. 133) to October 14, 2015, and the time for Plaintiffs to reply to
Defendants’ response to the Class Certification Motion to November 19, 2015.

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-2STIPULATION AND [PROPOSED] ORDER TO
ENLARGE TIME
Case No. 12-cv-04457-SC

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3.

That the Court continue the hearing date on both motions to December 11, 2015 or

another date available to the Court and counsel for the Parties.

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5 Dated: September 3, 2015
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JJENNER & BLOCK LLP
By:

____/s/ Daniel J. Weiss_ _________
DANIEL J. WEISS
ROSS B. BRICKER (Admitted Pro Hac Vice)
[e-mail]
JOHN F. WARD, JR. (Admitted Pro Hac Vice)
[e-mail]
DANIEL J. WEISS (Admitted Pro Hac Vice)
[e-mail]
JENNER & BLOCK LLP
353 N. Clark Street
Chicago, IL 60654-3456
Telephone: [phone]
Facsimile:
312-527-0484

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KENNETH E. KELLER (State Bar No. 71450)
[e-mail]
TRACY M. CLEMENTS (State Bar No. 184150)
[e-mail]
KELLER, SLOAN, ROMAN & HOLLAND LLP
555 Montgomery Street, 17th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
DOLLAR THRIFTY AUTOMOTIVE GROUP,
INC., DOLLAR RENT A CAR, INC. and DTG
OPERATIONS, INC.

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-3STIPULATION AND [PROPOSED] ORDER TO
ENLARGE TIME
Case No. 12-cv-04457-SC

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Dated: September 3, 2015

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WHATLEY KALLAS LLP
By:

/s/ Alan M. Mansfield_____________
ALAN M. MANSFIELD
[e-mail]
1 Sansome Street, 35th Floor, PMB #131
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
10200 Willow Creek Rd., Ste 160
San Diego, CA 92131
Tel: [phone]
Fax: [phone]

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JOE R. WHATLEY JR. (Admitted Pro Hac Vice)
[e-mail]
PATRICK J. SHEEHAN (Admitted Pro Hac Vice)
[e-mail]
380 Madison Avenue, 23rd Floor
New York, NY 10017
Tel: [phone]
Fax: [phone]

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SCOTT GARRETT (Admitted Pro Hac Vice)
[e-mail]
2001 Park Place North, Suite 1000
Birmingham, AL 35203
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs SANDRA McKINNON and
KRISTEN TOOL and Proposed Plaintiff-Intervenors
Melinda Basker and Chanh Tran

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21 Filer’s Attestation: Pursuant to L.R. 5-1(i)(3), Daniel J. Weiss hereby attests that concurrence in
the filing of this document has been obtained from all signatories.
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-4STIPULATION AND [PROPOSED] ORDER TO
ENLARGE TIME
Case No. 12-cv-04457-SC

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that:

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1.

To File Fourth Amended Complaint is due on September 23, 2015, and Plaintiffs’ reply thereto is
due on October 14, 2015.

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2.

Defendants’ Response to Plaintiffs’ Amended Motion For Class Certification is due

on October 14, 2015, and Plaintiffs’ reply thereto is due on November 19, 2015.

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Defendants’ Response to Plaintiffs’ Motion To Grant Request For Intervention And

3.

The date of the hearing for both motions is continued to December 11, 2015.

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Dated: September __, 2015
The Hon. Samuel Conti
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO
ENLARGE TIME
Case No. 12-cv-04457-SC
2384890.4