Melgar v. CSK Auto, Inc.

Filing 153

STIPULATION AND ORDER re 152 to file supplemental pleading by 6/7/18 filed by Karo Khatchadoorian, Osmin Melgar. Signed by Judge Edward M. Chen on 6/1/18. (bpfS, COURT STAFF) (Filed on 6/1/2018)

1
2
3
4
5
6
7
8
9
10
11
12
13

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
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

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

Case No. C 13-03769 (EMC)
STIPULATION TO CONTINUE
DEADLINE FOR SUPPLEMENTAL
BRIEF RE: PRELIMINARY APPROVAL
OF CLASS SETTLEMENT; [PROPOSED]
ORDER

Defendants.

23
24

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

25

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

26

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

27

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

28

STIPULATION RE SUPPLEMENTAL PLEADING

1

1.

On May 25, 2018, just before the Memorial Day holiday weekend, this Court

2

issued an extensive Order Re: Supplemental Briefing for Plaintiffs’ Motion for Preliminary

3

Approval ordering the Parties to brief ten separate issues for the court by June 1, 2018.

4

2.

The offices of both Plaintiffs’ and Defendant’s counsel were closed on Monday,

5

May 28, 2018. Since they returned to the office on Tuesday, May 29, counsel for both sides have

6

spoken several times, and have been exchanging drafts of a joint pleading to respond to the

7

Court’s Order. Although the Parties are fairly far along with their draft, they have not had the

8

opportunity to complete the brief to date, and are in the process of meeting and conferring about

9

several distinct points therein. The Parties believe that, with an additional week of time, they will

10

be able to resolve their respective concerns and file a comprehensive brief to address all of the

11

Court’s concerns.

12

3.

The Parties have stipulated and agreed, and hereby request a one-week extension,

13

to June 8, 2018, so that they can complete their meet and confer discussions, finalize their joint

14

pleading, and obtain client approval before filing it. With that extension, the Court will receive

15

the filing nearly two weeks before the June 21, 2018 hearing date.

16
17

IT IS SO STIPULATED.

18
19

DATED: June 1, 2018

MICHAEL MALK, ESQ., APC

20
21
22

By: s/ Michael Malk
MICHAEL MALK.
Attorneys for Plaintiffs OSMIN MELGAR and
KARO KHATCHADOORIAN

23
24
25
26
27
28

2
STIPULATION RE SUPPLEMENTAL PLEADING

1

DATED: June 1, 2018

HIGGS FLETCHER & MACK, LLP

2
3

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

4
5
6
7
8
9
10
11
12
13
14
15
16

ATTESTATION
I, Michael Malk, am the ECF user whose User ID and Password are being used to file this

17

Stipulation To Continue Deadline For Supplemental Brief Re: Preliminary Approval Of Class

18

Settlement; [Proposed] Order. In compliance with applicable Local Rules, I hereby attest that

19

concurrence in the filing of this Stipulation To Continue Deadline For Supplemental Brief Re:

20

Preliminary Approval Of Class Settlement; [Proposed] Order has been obtained from signatory

21

Edwin Boniske, Esq.

22
23
24
25
26

DATED: June 1, 2018

MICHAEL MALK, ESQ., APC

By: s/ Michael Malk
MICHAEL MALK.
Attorneys for Plaintiffs OSMIN MELGAR and
KARO KHATCHADOORIAN

27
28

3
STIPULATION RE SUPPLEMENTAL PLEADING

1
2
3
4
5

[PROPOSED] ORDER
In accordance with the above stipulation, and for good cause shown, it is hereby ordered
that the Parties’ time to file a joint pleading responsive to the Order Re: Supplemental Briefing
7

for Plaintiffs’ Motion for Preliminary Approval is extended until June 8, 2018.

7

S

ER

N

F
D IS T IC T O
R

15
16
17
18
19
20
21
22
23
24
25
26
27
28

R NIA

dwar
Judge E

H

14

RT

13

en

d M. Ch

NO

12

D
RDERE
S SO O IED
IT I
DIF
AS MO

FO

11

United States District Judge

LI

10

UNIT
ED

9

RT
U
O

8

ISTRIC
______________________________
ES D
TC
THon. Edward M. Chen
TA

A

6

4
STIPULATION RE SUPPLEMENTAL PLEADING

C