Parker v. J.M. Smucker Co.
Filing
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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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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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION
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DIANA PARKER, individually and on
behalf of all others similarly situated,
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Plaintiff,
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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
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Current Filing Deadline: May 30, 2014
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Continued Filing Deadline: June 25, 2014
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Case No. 3:13-cv-00690-SC
STIP AND [PROPOSED] ORDER CONTINUING CERTIFICATION DEADLINES
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WHEREAS, on March 26, 2014, the Court granted a Stipulation and Proposed Order to
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Continue the briefing and hearing schedule on Plaintiff’s Motion to Certify a Class in this
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action (the “Motion”) (Docket No. 39), pursuant to which Plaintiff’s Motion currently is due
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on or before May 30, 2014; Defendant’s Opposition to that Motion is due on or before July 25,
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2014; Plaintiff’s Reply is due on or before August 22, 2014, and the hearing on the Motion is
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scheduled for September 19, 2014;
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WHEREAS, since the Court entered that Order on March 26, 2014, the parties
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continued to meet and confer regarding discovery, Plaintiff deposed two employees of
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Defendant on three different topics pursuant to Federal Rule of Civil Procedure 30(b)(6) on
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May 13 and 20, 2014, respectively, and the parties have scheduled a third such deposition of
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another employee on three additional topics to be conducted on June 11, 2014;
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WHEREAS, the dates of the depositions described above have been dictated by the
witnesses’ schedules;
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WHEREAS, the Parties previously stipulated to continue the certification and briefing
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deadlines as described above (Docket No. 39), to enlarge Defendant’s time to respond to the
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Complaint in this action (Docket Nos. 5, 7), to enlarge Defendant’s time to respond to the
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Amended Complaint (Docket No. 16), to continue the case management conference and set a
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briefing schedule for Defendant’s motion to dismiss that Amended Complaint (Docket Nos.
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18-19), and to extend Defendant’s time to answer the Amended Complaint following the
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Court’s denial of the motion to dismiss (Docket No. 30); and
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WHEREAS, the Parties agree that the schedule previously proposed by the Parties and
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adopted by the Court for briefing and hearing Plaintiff’s Motion should be continued as set
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forth below to allow the discovery described above, including the June 11 deposition of
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Defendant, to proceed in advance of that briefing;
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IT IS HEREBY STIPULATED, subject to the approval of the Court, that:
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1.
Plaintiff’s Motion to Certify a Class should be due on or before June 25, 2014
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Case No. 3:13-cv-00690-SC
STIP AND [PROPOSED] ORDER CONTINUING CERTIFICATION DEADLINES
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2.
Defendant’s Opposition to that Motion should be due on or before August 20,
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Plaintiff’s Reply in Support of that Motion should be due on or before
2014.
September 17, 2014.
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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.
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Dated: May 27, 2014
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AHDOOT & WOLFSON, P.C.
By: /s/ Theodore W. Maya
Theodore W. Maya
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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
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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
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Attorneys for Plaintiff
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(Signatures continued on following page)
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Case No. 3:13-cv-00690-SC
STIP AND [PROPOSED] ORDER CONTINUING CERTIFICATION DEADLINES
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Dated: May 27, 2014
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JENNER & BLOCK LLP
By: /s/ Kenneth K. Lee
Kenneth K. Lee
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DEAN N. PANOS (pro hac vice)
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353 N. Clark Street
Chicago, IL 60654
Telephone: 312/222-9350
312/527-0484 (fax)
dpanos@jenner.com
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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
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[PROPOSED] ORDER
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Having reviewed the above Stipulation to Continue the briefing and hearing schedule
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on Plaintiff’s Motion to Certify a Class in this action, and good cause appearing therefore, the
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Stipulation is GRANTED, and the schedule proposed by the Parties above is adopted by the
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Court..
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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05/28/2014
DATED: ___________________
THE HONORABLE SAMUEL CONTI
UNITED STATES DISTRICT COURT JUDGE
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Case No. 3:13-cv-00690-SC
STIP AND [PROPOSED] ORDER CONTINUING CERTIFICATION DEADLINES
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