Roberts-v-The TJX Companies, Inc. et al.

Filing 61

ORDER by Magistrate Judge Maria-Elena James granting 60 Stipulation to Continue Class Certification Briefing Schedule.(rmm2S, COURT STAFF) (Filed on 3/11/2016)

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MARLIN & SALTZMAN, LLP
Marcus J. Bradley, Esq. (SBN 174156)
Kiley L. Grombacher, Esq. (SBN 245960)
29229 Canwood Street, Suite 208
Agoura Hills, California 91301-1555
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
SETAREH LAW GROUP
Shaun Setareh, Esq. (SBN 204514)
9454 Wilshire Boulevard, Suite 711
Beverly Hills, California 9022
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]

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Attorneys for Plaintiff Kimberly Roberts,
Carneisha Forney and Laurie Mullen

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(Additional Plaintiffs’ Counsel on next page)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KIMBERLY ROBERTS, CARNEISHA
FORNEY, and LAURIE MULLEN, on behalf of
themselves, and all others similarly situated, and
the general public,

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Plaintiffs,

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Case No. 3:13-cv-04731-MEJ
CLASS ACTION
JOINT STIPULATION TO CONTINUE
CLASS CERTIFICATION BRIEFING
SCHEDULE; [PROPOSED] ORDER

v.
TJ MAXX OF CA, LLC, a Delaware limited
liability company; MARSHALLS OF CA, LLC,
a Delaware limited liability company;
HOMEGOODS, INC., a Delaware corporation;
and DOES 1-10, inclusive,
Defendants.

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Joint Stipulation to Continue Class Certification Briefing Schedule; [Proposed] Order
Case No. 13-CV-04731-MEJ

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Additional Plaintiffs Counsel:

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AEGIS LAW FIRM, PC
Samuel A. Wong, Esq. (SBN 217104)
Kashif Haque, Esq. (SBN 218672)
9811 Irvine Center Drive, Suite 100
Irvine, California 92618
Telephone: [phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

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THE COOPER LAW FIRM, P.C.
Scott B. Cooper, Esq. (SBN 174520)
Samantha Smith, Esq. (SBN 233331)
4000 Barranca Parkway, Suite 250
Irvine, California 92604
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
THE CARTER LAW FIRM
Roger R. Carter, Esq. (SBN 140196)
2030 Main Street, Suite 1300
Irvine, California 92614
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Attorneys for Plaintiffs Carneisha Forney
and Laurie Mullen

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Joint Stipulation to Continue Class Certification Briefing Schedule; [Proposed] Order
Case No. 13-CV-04731-MEJ

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Plaintiffs Kimberly Roberts, Carneisha Forney and Laurie Mullen (“collectively “Plaintiffs”)

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and Defendants TJ MAXX of CA, LLC, Marshalls of CA, LLC, and Homegoods, Inc. (collectively

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“Defendants”)(collectively the “Parties”), by and through their counsel of record, hereby stipulate to

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continue the deadlines set for Plaintiffs’ motion for class certification by five (5) months. Such

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deadline provides the Parties sufficient time to explore mediation and is necessary to prepare and file

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briefs on the issue of certification. The Parties enter into this joint stipulation with reference to the

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following facts:

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RECITALS

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WHEREAS, the briefing schedule for Plaintiff’s motion for class certification is presently
as follows:
Event

Deadline

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Filing of Motion for Class Certification

March 31, 2016

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Opposition to Motion for Class Certification

May 27, 2016

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Reply in Support of Motion for Class June 27, 2016
Certification

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Hearing

July 28, 2016

WHEREAS, the Parties have agreed to engage the services of Michael Dickstein to assist in
settlement negotiations of the above-captioned action;
WHEREAS, given Mr. Dickstein’s availability, the earliest mediation date that the parties
could secure was in April of 2016;

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WHEREAS, presently mediation has been set for April 12, 2016;

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WHEREAS, the Parties agree that, to permit sufficient time and allow the parties to devote

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their efforts and resources fully towards resolution and, if necessary, to permit both Parties sufficient

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time to complete certification discovery, the deadlines presently set as to Plaintiffs’ motion for class

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certification should be extended by five (5) months;

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WHEREAS, only one prior continuance of the certification schedule briefing schedule has
been requested;
WHEREAS, neither party objects to the time modifications set forth below; and,
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Joint Stipulation to Continue Class Certification Briefing Schedule; [Proposed] Order
Case No. 13-CV-04731-MEJ

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WHEREAS, counsel for both parties do not believe that the time modifications will cause
unnecessary delay or conflict with any other scheduling matters affecting the case.

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STIPULATION

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NOW, THEREFORE, it is hereby stipulated by the Parties, through their respective counsel

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of record, that the Plaintiffs shall have an additional five (5) months in which to file their motion for

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class certification, and the Parties further submit following briefing schedule for said motion:

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Event

Deadline

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Filing of Motion for Class Certification

August 26, 2016

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Opposition to Motion for Class Certification

October 28, 2016

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Reply in Support of Motion for Class November 28, 2016
Certification
Hearing

December 17, 2016

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Respectfully submitted,
DATED: March 10, 2016

MARLIN & SALTZMAN, LLP
SETAREH LAW GROUP

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By: /S/ Kiley L. Grombacher
Kiley Lynn Grombacher, Esq.
Attorneys for Plaintiff

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DATED: March 10, 2016

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LITTLER MENDELSON, P.C.
By: /S/ Joshua D. Levine
Joshua D. Levine, Esq.
Attorneys for Defendant

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SIGNATURE ATTESTATION

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In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
document has been obtained from the signatories on this e-filed document.

DATED: March 10, 2016

/S/ Kiley L. Grombacher
Kiley Lynn Grombacher
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Joint Stipulation to Continue Class Certification Briefing Schedule; [Proposed] Order
Case No. 13-CV-04731-MEJ

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(PROPOSED) ORDER

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After reviewing the Parties’ Joint Stipulation to Continue Class Certification Briefing Schedule,
and good cause appearing therefor,

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IT IS HEREBY ORDERED that the Plaintiffs shall have an additional five (5) months in
which to file their motion for class certification, and the briefing schedule for said motion is as follows:
Event

Deadline

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Filing of Motion for Class Certification

August 26, 2016

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Opposition to Motion for Class Certification

October 28, 2016

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Reply in Support of Motion for Class November 28, 2016
Certification

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Hearing

December 17, 2016

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DATED: __________________

_____________________________________
Hon. Maria-Elena James
United States Magistrate Judge

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Joint Stipulation to Continue Class Certification Briefing Schedule; [Proposed] Order
Case No. 13-CV-04731-MEJ