Melgar v. CSK Auto, Inc.

Filing 106

STIPULATION AND ORDER re 105 STIPULATION WITH PROPOSED ORDER Re Plaintiffs' Proposed Class Notice filed by Karo Khatchadoorian, Osmin Melgar. Case Management Statement due by 3/17/2016. Further Case Management Conference set for 3/24/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 2/18/16. (bpf, COURT STAFF) (Filed on 2/18/2016)

1
2
3
4
5

MICHAEL MALK (Bar No. 222366)
[e-mail]
MICHAEL MALK, ESQ., APC
1180 South Beverly Drive, Suite 302
Los Angeles, CA 90035
Telephone:
310.203.0016
Facsimile:
310.499.5210
Attorneys for Plaintiff OSMIN MELGAR
and KARO KHATCHADOORIAN

6
7
8
9
10
11
12

JAMES M. PETERSON (Bar No. 137837)
[e-mail]
EDWIN M. BONISKE (Bar No. 265701)
[e-mail]
HIGGS FLETCHER & MACK LLP
401 West “A” Street, Suite 2600
San Diego, CA 92101-7913
Telephone:
619.236.1551
Facsimile:
619.696.1410
Attorneys for Defendant CSK AUTO, INC.
n/k/a O’Reilly Auto Enterprises, LLC

13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16
17

OSMIN MELGAR, individually and on
behalf of all others similarly situated,

18
19
20
21
22

Plaintiff,

Case No. C 13-03769 (EMC)
STIPULATION RE PLAINTIFFS’
PROPOSED CLASS NOTICE;
[PROPOSED] ORDER

v.
CSK AUTO, INC., an Arizona
Corporation, and DOES 1-100,
Defendants.

23
24
25
26
27
28

STIPULATION RE PLAINTIFFS’ PROPOSED CLASS NOTICE

1

Plaintiffs OSMIN MELGAR and KARO KHATCHADOORIAN (“Plaintiffs”),

2

individually and on behalf of all others similarly situated and Defendant CSK AUTO, INC. n/k/a

3

O’Reilly Auto Enterprises, LLC (“Defendant”) (collectively, the “Parties”), by and through their

4

respective attorneys of record, hereby stipulate and agree as follows:

5

1.

On December 22, 2015, the Court granted the Motion for Class Certification in

6

part, and ordered the parties to meet and confer regarding the time for issuance of the class notice,

7

the content of the class notice, and to file a joint proposed class notice within sixty days (the

8

sixtieth day would be February 22, 2016).

9

2.

Defendant’s counsel are both appearing in trial right now in the case of

10

Leidenheimer v. CSK Auto, Inc., Case No. 13-cv-9568-DDP-VBKx, before the Honorable Dean

11

D. Pregerson in the Central District of California, and will not be available to continue meeting

12

and conferring with Plaintiffs’ counsel until after the trial, which is expected to end on February

13

24, 2016.

14

3.

After meeting and conferring, and subject to the Court’s approval, the Parties have

15

stipulated to a brief continuance of the deadline to file a proposed class notice. The Parties are

16

agreeable to a two-week extension of the filing deadline for the joint proposed class notice to

17

ensure that they can fully exhaust their meet and confer efforts, and will still be able to file the

18

joint proposed class notice before the March 17, 2016 Further Status Conference. To the extent

19

the Court desires additional time following their submission regarding the proposed class notice,

20

the Parties are also amenable to a brief continuance of the March 17, 2016 Further Status

21

Conference, to a date convenient to the Court.

22

///

23

///

24

///

25

///

26

///

27

///

28

2
STIPULATION RE PLAINTIFFS’ PROPOSED CLASS NOTICE

1

4.

As such, the Parties hereby jointly request that the Court continue the deadline to

2

file their submissions regarding a proposed class notice from to March 7, 2016. To the extent the

3

Court

4
5

IT IS SO STIPULATED.

6
7

DATED: February 17, 2016

MICHAEL MALK, ESQ., APC

8
By: /s/ Michael Malk
MICHAEL MALK.
Attorneys for Plaintiff OSMIN MELGAR

9
10
11

DATED: February 17, 2016

HIGGS FLETCHER & MACK, LLP

12
13
14
15

By: /s/ Edwin M. Boniske
JAMES M. PETERSON, ESQ.
EDWIN BONISKE, ESQ.
Attorneys for Defendant CSK AUTO, INC. n/k/a
O’REILLY AUTO ENTERPRISES, LLC

16
17
18
19
20
21

In accordance with the above stipulation, and for good cause shown, it is hereby ordered
that the Parties time to file a joint proposed class notice is extended until ___________________.
The parties shall file their proposed class notice by March 7, 2016. The further
______________________________
status conference is continued from March 17, 2016, to March 24, 2016.

Hon. EdwardRM. Chen
IST IC
ES D
TC
A
UnitedTStates District Judge
T

24

S

RT
U
O

23

UNIT
ED

22

[PROPOSED] ORDER

RT

ER

28

. Chen

A

H

27

R NIA

dward M

Judge E

FO

NO

26

LI

25

ERED
O ORD D
IT IS S
ODIFIE
AS M

N

F
D IS T IC T O
R

C

3
STIPULATION RE PLAINTIFFS’ PROPOSED CLASS NOTICE