Golloher et al v. Todd Christopher International, Inc.

Filing 50

STIPULATION AND ORDER FOR ADMINISTRATIVE RELIEF TO RESET CLASS CERTIFICATION AND DISCOVERY DEADLINES IN LIGHT OF PENDING MEDIATION. Pretrial Conference set for 10/30/2014 10:00 AM; Jury Selection set for 11/10/2014 09:00 AM; Jury Trial set for 11/10/2014 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 5/31/13. (cl, COURT STAFF) (Filed on 5/31/2013)

LEXINGTON LAW GROUP
1 Mark N. Todzo (State Bar No. 168389)
2 Howard Hirsch (State Bar No. 213209)
503 Divisadero Street
3 San Francisco, CA 94117
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
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6 Attorneys for Plaintiffs
ANDREA GOLLOHER, MARISA FREEMAN, ROBERTA CHASE, MICHAEL SHAPIRO, and
BRENDA BROWN
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8 Simon J. Frankel (State Bar No. 171552)
Kieran G. Doyle (Pro Hac Vice) [e-mail]
[e-mail]
Eric S. Shimanoff (Pro Hac Vice) [e-mail]
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COVINGTON & BURLING LLP
COWAN LIEBOWITZ & LATMAN, P.C.
1133 Avenue of the Americas
10 One Front Street
San Francisco, CA 9411
New York, NY 10036
Telephone: [phone]
11 Telephone: [phone]
Facsimile: [phone]
Facsimile: [phone]
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Attorneys for Defendant
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TODD CHRISTOPHER INTERNATIONAL, INC. DBA VOGUE INTERNATIONAL
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ANDREA GOLLOHER, MARISA
19 FREEMAN, ROBERTA CHASE, MICHAEL
SHAPIRO and BRENDA BROWN, on behalf
20 of themselves and all others similarly situated,
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Plaintiffs,
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Case No. 12-cv-06002-RS
STIPULATED MOTION FOR
ADMINISTRATIVE RELIEF TO RESET
CLASS CERTIFICATION AND
DISCOVERY DEADLINES IN LIGHT OF
PENDING MEDIATION AND [PROPOSED]
ORDER (N.D. Cal. Local Rule 7-11)

vs.
Judge: Hon. Richard Seeborg
Courtroom 3, 17th Floor

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24 TODD CHRISTOPHER INTERNATIONAL,
INC. DBA VOGUE INTERNATIONAL, a
25 Florida Corporation, and DOES 1-100,
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Defendants.
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STIPULATED MOT. FOR ADMIN RELIEF – Case No. 12-cv-06002-RS

Pursuant to Local Rule 7-11, Plaintiffs Andrea Golloher, Marisa Freeman, Roberta Chase,

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2 Michael Shapiro, and Brenda Brown (collectively, “Plaintiffs”) and defendant Todd Christopher
3 International, Inc. dba Vogue International (“Defendant”) (collectively, the “Parties”) hereby
4 request that the Court reset the class certification and other deadlines in the March 7, 2013 case
5 management scheduling order [ECF, No. 35] (the “Scheduling Order”) in order to accommodate
6 the Parties’ upcoming mediation. The parties recently scheduled a mediation for July 30, 2013 1,
7 and request an extension of the class certification and discovery deadlines of approximately 70
8 days in order to allow the parties to concentrate on the possible resolution of Plaintiffs’ claims
9 without simultaneously engaging in potentially unnecessary litigation.
The current deadline for Plaintiffs to file their motion for class certification is July 19,

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11 2013, which is eleven days prior to the scheduled mediation. The Parties propose postponing this
12 deadline until September 30, 2013, which is sixty days following the date of the scheduled
13 mediation. The parties further propose postponing other deadlines in the Scheduling Order for a
14 commensurate seventy day period as set forth herein. Other than the deadlines specifically
15 referenced below, all other matters set forth in the Scheduling Order shall remain intact.
This is the first request by the parties to continue the case management deadlines and is not

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17 made for the purpose of delay. Rather, the Parties believe that postponing the deadlines in
18 accordance with their proposal will facilitate the economical litigation of Plaintiffs’ claims.
19 Accordingly, the Parties respectfully request that the Court adopt the schedule set forth below.
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The Scheduling Order requires the Parties to engage in Private Mediation following
resolution of Defendant’s Motion to Dismiss. Although the Court has not yet ruled on such
26 motion, the Parties scheduled the mediation for July 30 as the parties’ chosen mediator, Randall
Wulff, has very limited availability. Moreover, the Parties are hopeful that they will still receive
27 guidance from the Court concerning Defendant’s motion to dismiss prior to the scheduled
mediation.
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-1STIPULATED MOT. FOR ADMIN RELIEF – Case No. 12-cv-06002-RS

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Event

Current Deadline
Per 3/7/13
Scheduling Order

New Deadline
Proposed by Parties

Opening brief for class
certification

7/19/2013

9/30/2013

Opposition brief for class
certification

60 days following
filing of motion

60 days following
filing of motion

Reply brief for class
certification

40 days following
filing of opposition

40 days following
filing of opposition

Hearing on motion for class
certification

On or after14 days
following filing of
reply brief

On or after 14 days
following filing of
reply brief

Fact discovery completion
date

1/3/2014

3/14/2014

Initial Expert disclosures

1/31/2014

4/11/2014

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Rebuttal expert disclosures

3/14/2014

5/27/2014

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Expert discovery completion
date

4/14/2014

6/27/2014

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6/12/2014 at 1:30
p.m.

On or after 8/28/2014

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Last date for hearing on
pretrial motions

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Final Pretrial Conference

7/31/2014 at 10:00
a.m.

10/30/14 at 10:00 am
On or after 10/16/2014

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Trial

8/18/2014 at 9:00
a.m.

11/10/14 at 9:00 am
On or after 11/3/2014

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Respectfully Submitted,

24 Dated: May 28, 2013

LEXINGTON LAW GROUP

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/s/ Mark N. Todzo
Mark N. Todzo
Attorneys for Plaintiffs
Andrea Golloher, Marisa Freeman, Roberta Chase,
Michael Shapiro and Brenda Brown
-2STIPULATED MOT. FOR ADMIN RELIEF – Case No. 12-cv-06002-RS

1 Dated: May 28, 2013

COWAN LIEBOWITZ & LATMAN, P.C.

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/s/ Kieran G. Doyle
Attorneys for Defendant
Todd Christopher International, Inc.

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IT IS SO ORDERED.

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5/31/13
DATED:_____________________
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__________________________________________
Hon. Richard Seeborg
United States District Judge

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-3STIPULATED MOT. FOR ADMIN RELIEF – Case No. 12-cv-06002-RS