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

Filing 139

STIPULATION AND ORDER to: (1) Enlarge Time to Respond to Amended Motion for Class Certification and (2) Continue Hearing Date. Set/Reset Deadlines as to 133 Second MOTION to Certify Class. Responses due by 11/9/2015. Replies due by 12/17/2015. Motion Hearing set for 1/29/2016 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 10/01/2015. (tmiS, COURT STAFF) (Filed on 10/1/2015)

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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
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, California 94111
Telephone:
415.249-8330
Facsimile:
415.249-8333

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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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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

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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
(2) CONTINUE HEARING DATE

v.
DOLLAR THRIFTY AUTOMOTIVE
GROUP, INC. d/b/a DOLLAR RENT A CAR;
DOLLAR RENT A CAR, INC.; DTG
OPERATIONS, INC. d/b/a DOLLAR RENT
A CAR; and DOES 1-10, inclusive,

Current Hearing Date: December 11, 2015
Time:
10:00 a.m.
Judge:
Hon. Samuel Conti
Courtroom:
1
[Complaint Filed: August 24, 2012]

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Defendants.

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STIPULATION AND [PROPOSED] ORDER TO (1) ENLARGE TIME TO RESPOND TO AMENDED MOTION
FOR CLASS CERTIFICATION AND (2) CONTINUE HEARING DATE
Case No.: 12-cv-04457-SC

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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

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Supporting Declaration of Daniel J. Weiss, it is hereby stipulated by and between Plaintiffs and

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Defendants (together the “Parties”), through their respective counsel, as follows:

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WHEREAS, on July 27, 2015, the Court denied Plaintiffs’ Motion for Class Certification and

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ordered that Plaintiffs could file a new motion for class certification within 30 days, by August 26,

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2015 (ECF No. 132);
WHEREAS, on August 26, 2015, Plaintiffs filed their Amended Motion for Class

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Certification (ECF No. 133, the “Motion”);
WHEREAS, on September 3, 2015, Plaintiffs and Defendants (together, the “Parties”) filed a

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Stipulation and Proposed Order to extend the briefing schedule (ECF No. 135);

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WHEREAS, the Court entered an Order pursuant to the Parties’ Stipulation, whereby

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Dollar’s response is currently due by October 14, 2015, Plaintiffs’ reply is due, and a hearing is

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scheduled for December 11, 2015. (ECF No. 136.)
WHEREAS, Defendants submit they require further discovery to respond to the Motion

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(Plaintiffs reserving the right to object to such discovery);
WHEREAS, Plaintiffs submit they may also require further discovery to reply to Defendant’s

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opposition (Defendants reserving the right to object to such discovery);
WHEREAS, the grounds for this stipulation are further set forth in the accompanying

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Declaration of Daniel J. Weiss.

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NOW, THEREFORE, the Parties stipulate as follows:

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1.

That the Court enlarge the time for Defendants to respond to Plaintiffs’ Motion (ECF

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No. 133) to November 9, 2015, and the time for Plaintiffs to reply to Defendants’ response to the

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Motion to December 17, 2015.
2.

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That the Court continue the hearing date on both motions to the next available hearing

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date after January 11, 2016.

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///

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///

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STIPULATION AND [PROPOSED] ORDER TO (1) ENLARGE TIME TO RESPOND TO AMENDED MOTION
FOR CLASS CERTIFICATION AND (2) CONTINUE HEARING DATE
Case No.: 12-cv-04457-SC

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Dated: September 30, 2015

JENNER & BLOCK

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By:

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/s/ Daniel J. Weiss
DANIEL J. WEISS
Attorneys for Defendants
DOLLAR THRIFTY AUTOMOTIVE GROUP,
INC., DOLLAR RENT A CAR, INC. and DTG
OPERATIONS, INC.

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Dated: September 30, 2015

WHATLEY KALLAS LLP

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By:

/s/ Alan M. Mansfield
ALAN M. MANSFIELD
Attorneys for Plaintiffs
SANDRA McKINNON and KRISTEN TOOL
and Proposed Plaintiff-Intervenors Melinda
Basker and Chanh Tran

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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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STIPULATION AND [PROPOSED] ORDER TO (1) ENLARGE TIME TO RESPOND TO AMENDED MOTION
FOR CLASS CERTIFICATION AND (2) CONTINUE HEARING DATE
Case No.: 12-cv-04457-SC

ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that:

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1.

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

on November 9, 2015, and Plaintiffs’ reply thereto is due on December 17, 2015.
2.

The date of the hearing for both motions is continued to January __, 2016.
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10/01
Dated: __________ __, 2015
HON. SAMUEL CONTI
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO (1) ENLARGE TIME TO RESPOND TO AMENDED MOTION
FOR CLASS CERTIFICATION AND (2) CONTINUE HEARING DATE
Case No.: 12-cv-04457-SC