Melgar v. CSK Auto, Inc.

Filing 85

STIPULATION AND ORDER re 84 STIPULATION WITH PROPOSED ORDER RE Plaintiff's Reply Brief Regarding Class Certification filed by Osmin Melgar. Signed by Judge Edward M. Chen on 10/16/15. (bpf, COURT STAFF) (Filed on 10/16/2015)

1

4

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

5

Attorneys for Plaintiff OSMIN MELGAR

2
3

6
7
8
9
10

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

11
12

Attorneys for Defendant CSK AUTO, INC.
n/k/a O’Reilly Auto Enterprises, LLC

13
UNITED STATES DISTRICT COURT
14
NORTHERN DISTRICT OF CALIFORNIA
15
16
17

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

18
19

Case No. C 13-03769 (EMC)
STIPULATION RE PLAINTIFF’S REPLY
BRIEF REGARDING CLASS
CERTIFICATION; [PROPOSED] ORDER

v.

20

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

21

Defendants.

22
23
24

Plaintiff OSMIN MELGAR (“Plaintiff”), individually and on behalf of all others similarly

25

situated and Defendant CSK AUTO, INC. n/k/a O’Reilly Auto Enterprises, LLC (“Defendant”)

26

(collectively, the “Parties”), by and through their respective attorneys of record, hereby stipulate

27

and agree as follows:

28
STIPULATION RE CONTINUANCE OF PLAINTIFF’S REPLY BRIEF RE CLASS CERTIFICATION

1

1.

Plaintiff filed his Motion for Class Certification August 6, 2015.

2

2.

Defendant filed its Opposition to Plaintiff’s Motion on September 21, 2015.

3

Defendant supported its Opposition with, among other things, 116 class member declarations and

4

an expert declaration.

5

3.

The parties are working together cooperatively to allow Plaintiff to depose some of

6

Defendant’s declarants. Plaintiff took four depositions on October 13, 2015, and is scheduled to

7

take three depositions on October 20, 2015.

8
9

4.

The scheduled filing date for Plaintiff’s Reply Brief is currently October 19, 2015.

In order to allow time to obtain the deposition transcripts from the declarant depositions and to

10

make use of them for his Reply Brief, the Parties agree that Plaintiff may have until November 6,

11

2015 to file his Reply Brief.

12
13
14

5.

The hearing on Plaintiff’s Motion for Class Certification is scheduled for

December 10, 2015, and the Parties request that the hearing date remain unchanged.
IT IS SO STIPULATED.

15
16

DATED: October 15, 2015

MICHAEL MALK, ESQ., APC

17
By: /Michael Malk
MICHAEL MALK.
Attorneys for Plaintiff OSMIN MELGAR

18
19
20

DATED: October 15, 2015

HIGGS FLETCHER & MACK, LLP

21
22
23

______________________________________
Hon. Edward M. Chen
Chen
United States Districtge Edward M.
Judge
Jud
2

LI

RT

FO

NO

H

ER
STIPULATION RE CONTINUANCE OF CLASS CERTIFICATION HEARING AND BRIEFING SCHEDULE
C
A

28

10/16/15
DATED: ____________

O ORD

IT IS S

R NIA

PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED.
ERED

26
27

UNIT
ED

25

S

24

RT
U
O

By: /Edwin Boniske
JAMES M. PETERSON, ESQ.
EDWIN BONISKE,RICT
S DIST ESQ.
TE Defendant CSK AUTO, INC. n/k/a
C
Attorneys for
TA
O’REILLY AUTO ENTERPRISES, LLC

N

F
D IS T IC T O
R