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

Filing 91

STIPULATION AND MODIFIED ORDER Continuing briefing schedule and hearing on Plaintiffs' motion for class certification and enlarging page limits. Motion Hearing set for 4/17/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 12/08/2014. (tmi, COURT STAFF) (Filed on 12/9/2014)

1 WHATLEY KALLAS, LLP
Alan M. Mansfield (Of Counsel)
2 (SBN 125998)
[e-mail]
3 1 Sansome Street, 35th Floor, PMB #131
San Francisco, CA 94104
4 Tel: [phone]
Fax: [phone]
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10200 Willow Creek Rd., Ste. 160
6 San Diego, CA 92131
Tel: [phone]
7 Fax: [phone]
WHATLEY KALLAS, LLP
8 Joe R. Whatley, Jr.
(Admitted Pro Hac Vice)
9 Patrick J. Sheehan
(Admitted Pro Hac Vice)
10 1180 Avenue of the Americas, 20th Floor
New York, NY 10036
11 Tel: [phone]
Fax: [phone]
12 [Additional Counsel Listed on Signature Page]
13 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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

DOLLAR THRIFTY AUTOMOTIVE
20 GROUP, INC. d/b/a DOLLAR RENT A CAR;
DOLLAR RENT A CAR, INC.; DTG
21 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
CLASS ACTION
MODIFIED
JOINT STIPULATION AND [PROPOSED]
ORDER TO: (1) MODIFY BRIEFING
AND HEARING SCHEDULE ON
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION; (2) ENLARGE PAGE
LIMIT FOR THE PARTIES’
SUPPORTING AND OPPOSING
MEMORANDA; DECLARATION OF
ALAN M. MANSFIELD IN SUPPORT
Current Hearing Date: April 3, 2015
Time:
10:00 a.m.
Judge:
Hon. Samuel Conti
Courtroom:
1
[Complaint Filed: August 24, 2012]

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-1SJR. STIP. TO MODIFY BRIEFING ON CLASS CERTIFICATION;
TO ENLARGE PAGE LIMITS FOR BRIEFING; DECL. IN SUPPORT

Case No. 12-cv-04457-SC

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Pursuant to Fed. R. Civ. P. 15(b)(4), Fed. R. Civ. P. 16(b)(4), and Civil L.R. 7-12, 6-1(b)

2 and 6-2, and the Supporting Declaration of Alan M. Mansfield, it is hereby stipulated by and
3 between the parties, through their respective counsel, as follows:
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WHEREAS, on May 2, 2014, the Court set the briefing and hearing schedule for Plaintiffs’

5 Motion for Class Certification (Dkt. No. 87), with Plaintiffs’ Opening papers due by
6 December 19, 2014; Defendants’ Opposition papers due by January 30, 2014; and Plaintiffs’
7 Reply papers due by March 6, 2015, with the Motion hearing date scheduled for Friday, April 3,
8 2015, at 10:00 a.m.;
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WHEREAS, pursuant to L.R. 7-2 a notice of motion and motion must be filed in one

10 document not exceeding 25 pages in length; pursuant to L.R. 7-3 an opposition to a motion may
11 not exceed 25 pages of text; and pursuant to L.R. 7-3(c) a reply to an opposition may not exceed
12 15 pages of text;
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WHEREAS, in a related action, Friedman, et al. v. Dollar Thrifty Automotive Group, et

14 al., U.S. District Court, District of Colorado, Case No. 12-cv-02432-WYD-KMT, the Court has
15 set the hearing on Plaintiffs’ motion for class certification for December 18, 2014 at 2:00 p.m., the
16 day before the opening class certification papers are currently due in this action, and the parties are
17 presently in discussions over a deposition schedule that would set certain depositions to take place
18 in early to mid-January 2015;
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WHEREAS, in the Friedman action, the Court permitted the parties, per several

20 stipulations and orders, to file an opening brief of 30 pages, an opposing brief of 35 pages, and a
21 reply brief of 25 pages due to the scope and complexity of the issues involved;
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WHEREAS, based on the recent scheduling order in the Friedman action, the parties

23 jointly request that the deadline for filing the Opening, Opposition and Reply papers be modified
24 as follows: Plaintiffs’ Opening papers due December 30, 2014; Defendants’ Opposition papers
25 due February 13, 2015; Plaintiffs’ Reply papers due March 13, 2015. The parties also request the
26 hearing date be moved by one week, to Friday, April 10, 2015.
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-2SJR. STIP. TO MODIFY BRIEFING ON CLASS CERTIFICATION;
TO ENLARGE PAGE LIMITS FOR BRIEFING; DECL. IN SUPPORT

Case No. 12-cv-04457-SC

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WHEREAS, based on their experience in the Friedman action, the parties also jointly

2 request that the Court permit them to file opening and opposition briefs in connection with the
3 class certification motion (including the notice of motion) up to 35 pages in length, and permit
4 Plaintiffs to file a reply brief up to 22 pages in length.
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The grounds for this stipulation are set forth in the accompanying Declaration of Alan M.

6 Mansfield.
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NOW, THEREFORE, the parties stipulate as follows:

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1.

That the Court continue the briefing deadlines for the class certification motion as

9 follows: Plaintiffs’ Opening papers due December 30, 2014; Defendants’ Opposition papers due
10 February 13, 2015; Plaintiffs’ Reply papers due March 13, 2015.
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2.

That the Court continue the hearing date on the motion for class certification by

12 one week, to Friday April 10, 2015.
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3.

That the Court permit the parties to file opening and opposition briefs in connection

14 with Plaintiffs’ class certification motion of up to 35 pages in length, and permit Plaintiffs’ reply
15 brief to be up to 22 pages in length.
16 Dated: December 5, 2014
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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]
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]
-3SJR. STIP. TO MODIFY BRIEFING ON CLASS CERTIFICATION;
TO ENLARGE PAGE LIMITS FOR BRIEFING; DECL. IN SUPPORT

Case No. 12-cv-04457-SC

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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

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Dated: December 5, 2014
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JJENNER & BLOCK LLP
By:

/s/ John F. Ward, Jr.
JOHN F. WARD, JR.
ROSS B. BRICKER (Admitted Pro Hac Vice)
[e-mail]
JOHN F. WARD, JR. (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, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
DOLLAR THRIFTY AUTOMOTIVE GROUP,
INC., DOLLAR RENT A CAR, INC. and DTG
OPERATIONS, INC.

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Filer’s Attestation: Pursuant to L.R. 5-1(i)(3), Alan M. Mansfield hereby attests that concurrence
24 in the filing of this document has been obtained from all signatories.
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-4SJR. STIP. TO MODIFY BRIEFING ON CLASS CERTIFICATION;
TO ENLARGE PAGE LIMITS FOR BRIEFING; DECL. IN SUPPORT

Case No. 12-cv-04457-SC

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that:

3

1.

That briefing deadlines for plaintiffs’ class certification motion are as follows:

4 Plaintiffs’ Opening papers due December 30, 2014; Defendants’ Opposition papers due February
5 13, 2015; Plaintiffs’ Reply papers due March 13, 2015.
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2.

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3.

The Court continues the hearing date on the motion for class certification by one
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7 week, to Friday, April 10, 2015.

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The parties may file opening and opposition briefs in connection with Plaintiffs’

class certification motion of up to 35 pages in length (including the notice of motion), and
Plaintiffs’ reply brief may be up to 22 pages in length.

11 Dated: December __, 2015
8
The Hon. Samuel Conti
United States District Judge

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-5SJR. STIP. TO MODIFY BRIEFING ON CLASS CERTIFICATION;
TO ENLARGE PAGE LIMITS FOR BRIEFING; DECL. IN SUPPORT

Case No. 12-cv-04457-SC