Parker v. J.M. Smucker Co.

Filing 41

STIPULATION AND ORDER CONTINUING CERTIFICATION BRIEFING AND HEARING DATES. Motion Hearing set for 10/10/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 05/28/2014. (tmi, COURT STAFF) (Filed on 5/28/2014)

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1 2 3 4 5 6 7 8 9 10 11 12 AHDOOT & WOLFSON, P.C. TINA WOLFSON (174806) ROBERT AHDOOT (172098) THEODORE W. MAYA (223242) 1016 Palm Avenue West Hollywood, California 90069 Telephone: 310/474-9111 310/474-8585 (fax) twolfson@ahdootwolfson.com rahdoot@ahdootwolfson.com tmaya@ahdootwolfson.com BLOOD HURST & O’REARDON, LLP TIMOTHY G. BLOOD (149343) LESLIE E. HURST (178432) 701 B Street, Suite 1700 San Diego, CA 92101 Telephone: 619/338-1100 619/338-1101 (fax) tblood@bholaw.com lhurst@bholaw.com Attorneys for Plaintiff 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION 16 17 DIANA PARKER, individually and on behalf of all others similarly situated, 18 Plaintiff, 19 20 21 22 v. J. M. SMUCKER CO., an Ohio corporation, Defendant. Case No.: 3:13-cv-00690-SC STIPULATION AND [PROPOSED] ORDER CONTINUING CERTIFICATION BRIEFING AND HEARING DATES CLASS ACTION JURY TRIAL DEMANDED Judge: Courtroom: Hon. Samuel Conti 1, 17th Floor 23 Current Filing Deadline: May 30, 2014 24 Continued Filing Deadline: June 25, 2014 25 26 27 28 Case No. 3:13-cv-00690-SC STIP AND [PROPOSED] ORDER CONTINUING CERTIFICATION DEADLINES 1 WHEREAS, on March 26, 2014, the Court granted a Stipulation and Proposed Order to 2 Continue the briefing and hearing schedule on Plaintiff’s Motion to Certify a Class in this 3 action (the “Motion”) (Docket No. 39), pursuant to which Plaintiff’s Motion currently is due 4 on or before May 30, 2014; Defendant’s Opposition to that Motion is due on or before July 25, 5 2014; Plaintiff’s Reply is due on or before August 22, 2014, and the hearing on the Motion is 6 scheduled for September 19, 2014; 7 WHEREAS, since the Court entered that Order on March 26, 2014, the parties 8 continued to meet and confer regarding discovery, Plaintiff deposed two employees of 9 Defendant on three different topics pursuant to Federal Rule of Civil Procedure 30(b)(6) on 10 May 13 and 20, 2014, respectively, and the parties have scheduled a third such deposition of 11 another employee on three additional topics to be conducted on June 11, 2014; 12 13 WHEREAS, the dates of the depositions described above have been dictated by the witnesses’ schedules; 14 WHEREAS, the Parties previously stipulated to continue the certification and briefing 15 deadlines as described above (Docket No. 39), to enlarge Defendant’s time to respond to the 16 Complaint in this action (Docket Nos. 5, 7), to enlarge Defendant’s time to respond to the 17 Amended Complaint (Docket No. 16), to continue the case management conference and set a 18 briefing schedule for Defendant’s motion to dismiss that Amended Complaint (Docket Nos. 19 18-19), and to extend Defendant’s time to answer the Amended Complaint following the 20 Court’s denial of the motion to dismiss (Docket No. 30); and 21 WHEREAS, the Parties agree that the schedule previously proposed by the Parties and 22 adopted by the Court for briefing and hearing Plaintiff’s Motion should be continued as set 23 forth below to allow the discovery described above, including the June 11 deposition of 24 Defendant, to proceed in advance of that briefing; 25 IT IS HEREBY STIPULATED, subject to the approval of the Court, that: 26 1. Plaintiff’s Motion to Certify a Class should be due on or before June 25, 2014 27 28 1 Case No. 3:13-cv-00690-SC STIP AND [PROPOSED] ORDER CONTINUING CERTIFICATION DEADLINES 1 2 3 4 5 6 2. Defendant’s Opposition to that Motion should be due on or before August 20, 3. Plaintiff’s Reply in Support of that Motion should be due on or before 2014. September 17, 2014. 4. The Hearing on Plaintiff’s Motion should be set for October 10, 2014, or such other date as the Court may deem appropriate and convenient. 7 8 Dated: May 27, 2014 9 AHDOOT & WOLFSON, P.C. By: /s/ Theodore W. Maya Theodore W. Maya 10 TINA WOLFSON (174806) ROBERT AHDOOT (172098) THEODORE W. MAYA (223242) 1016 Palm Ave. West Hollywood, California 90069 Telephone: 310/474-9111 310/474-8585 (fax) twolfson@ahdootwolfson.com rahdoot@ahdootwolfson.com tmaya@ahdootwolfson.com 11 12 13 14 15 16 20 BLOOD HURST & O’REARDON, LLP TIMOTHY G. BLOOD (149343) LESLIE E. HURST (178432) 701 B Street, Suite 1700 San Diego, CA 92101 Telephone: 619/338-1100 619/338-1101 (fax) tblood@bholaw.com lhurst@bholaw.com 21 Attorneys for Plaintiff 17 18 19 22 23 24 25 26 27 28 (Signatures continued on following page) 2 Case No. 3:13-cv-00690-SC STIP AND [PROPOSED] ORDER CONTINUING CERTIFICATION DEADLINES 1 Dated: May 27, 2014 2 JENNER & BLOCK LLP By: /s/ Kenneth K. Lee Kenneth K. Lee 3 DEAN N. PANOS (pro hac vice) 4 353 N. Clark Street Chicago, IL 60654 Telephone: 312/222-9350 312/527-0484 (fax) dpanos@jenner.com 5 6 7 JENNER & BLOCK LLP KENNETH K. LEE (264296) KATE T. SPELMAN (269109) 633 West 5th Street, Suite 3600 Los Angeles, CA 90071-2054 Telephone: 213/239-5100 213/239-5199 (fax) klee@jenner.com kspelman@jenner.com 8 9 10 11 12 13 14 [PROPOSED] ORDER 15 Having reviewed the above Stipulation to Continue the briefing and hearing schedule 16 on Plaintiff’s Motion to Certify a Class in this action, and good cause appearing therefore, the 17 Stipulation is GRANTED, and the schedule proposed by the Parties above is adopted by the 18 Court.. 19 PURSUANT TO STIPULATION, IT IS SO ORDERED. 20 21 22 05/28/2014 DATED: ___________________ THE HONORABLE SAMUEL CONTI UNITED STATES DISTRICT COURT JUDGE 23 24 25 26 27 28 3 Case No. 3:13-cv-00690-SC STIP AND [PROPOSED] ORDER CONTINUING CERTIFICATION DEADLINES

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