Mendez v. C-Two Group, Inc.

Filing 70

ORDER by Judge Haywood S. Gilliam,Jr. Granting 66 Stipulation To Extend Class Certification Deadlines for the Opposition and Reply. (ndr, COURT STAFF) (Filed on 4/13/2015)

1 LAURIE E. SHERWOOD, State Bar No. 155312
[e-mail]
2 ALEXANDER F. PEVZNER, State Bar No. 221606
[e-mail]
3 WFBM, LLP
601 Montgomery Street, Ninth Floor
4 San Francisco, California 94111-2612
Telephone:
[phone]
5 Facsimile:
[phone]
6 Attorneys for Defendant
C-TWO GROUP, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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TEL [phone] • FAX [phone]

SAN FRANCISCO, CALIFORNIA 94111-2612

Walsworth

601 MONTGOMERY STREET, NINTH FLOOR

11 JAMIE MENDEZ,

Case No. 3:13-cv-05914 HSG (KAW)

12

STIPULATION TO EXTEND CLASS
CERTIFICATION DEADLINES FOR
THE OPPOSITION AND REPLY AND
DECLARATION OF LAURIE E.
SHERWOOD (LOCAL RULE 6-2);
ORDER;

13

Plaintiff,
v.

14 C-TWO GROUP, INC.; MOBILESTORM,
INC.; and DOES 1-40,
15
Defendants.
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1.

On September 12, 2014, the parties agreed to a 90 day continuance of the filing

19 deadlines and hearing date on plaintiff's motion for class certification to allow for the parties to
20 participate in a settlement conference with Magistrate Judge Kandis Westmore and to conduct
21 discovery following the settlement conference. On September 15, 2015, Judge Edward Chen executed
22 the order, and indicated that no further continuance would be granted. The order set the following
23 schedule:
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 March 13, 2015: deadline for filing Plaintiff's Motion for Class Certification

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 April 10, 2015: deadline for filing Defendants' Opposition to Plaintiff's Motion for

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3107379.1
3902-3.3422

Class Certification
 May 1, 2015: deadline for filing Reply to Defendants' Opposition to Plaintiff's Motion
for Class Certification
Case No. 3:13-cv-05914-HSG (KAW)
-1STIPULATION TO EXTEND CLASS CERTIFICATION DEADLINES FOR THE OPPOSITION AND REPLY AND
[PROPOSED] ORDER

1

2.

On December 1, 2015, the parties participated in a settlement conference with

2 Magistrate Judge Westmore. The matter did not settle but counsel for all parties have continued to
3 communicate with Magistrate Judge Westmore, and continue to explore possible resolution of the
4 case.
5

3.

On March 13, 2015, plaintiff filed her motion for class certification. On March 31,

6 2015, defendants deposed plaintiff Jamie Mendez. The deposition raised facts requiring additional
7 investigation by defendant C-Two Group, Inc. Additionally, one of C-Two Group, Inc.'s witnesses is
8 out of the country and will not return until next week.
9

4.

In light of the above and to continue settlement discussions, the parties have agreed,

10 subject to court approval, to a two week extension to file the opposition and reply. The parties do not

TEL [phone] • FAX [phone]

SAN FRANCISCO, CALIFORNIA 94111-2612

Walsworth

601 MONTGOMERY STREET, NINTH FLOOR

11 seek to continue the hearing date of May 28, 2015, on Plaintiff's Motion for Class Certification.
12

IT IS THEREFORE STIPULATED by and between Plaintiff and Defendants, through their

13 respective counsel, and subject to Court approval, as follows:
14

1.

The deadline to file Defendants' Opposition to Plaintiffs' Motion for Class Certification

15 is extended from April 10, 2015, to April 24, 2015;
16

2.

The deadline to file Plaintiffs' Reply to Defendants' Opposition to Plaintiff's Motion for

17 Class Certification is extended from May 1, 2015, to May 15, 2015; and
18

3.

The hearing date on Plaintiff's Motion for Class Certification will not be continued and

19 will remain on May 28, 2015.
20

IT IS SO STIPULATED:

21
22 Dated: April 8, 2015

KEARNEY LITTLEFIELD LLP

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By:

/s/ Prescott W. Littlefield
THOMAS A. KEARNEY
PRESCOTT W. LITTLEFIELD
Attorneys for JAMIE MENDEZ AND THE
PURPORTED CLASS

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3107379.1
3902-3.3422

Case No. 3:13-cv-05914-HSG (KAW)
-2STIPULATION TO EXTEND CLASS CERTIFICATION DEADLINES FOR THE OPPOSITION AND REPLY AND
[PROPOSED] ORDER

1 Dated: April 8, 2015

STONEBARGER LAW, APC

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3

By:

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5
6
7 Dated: April 8, 2015

/s/ Richard D. Lambert
GENE J. STONEBARGER
RICHARD D. LAMBERT
Attorneys for JAMIE MENDEZ AND THE
PURPORTED CLASS

AKAWIE & LAPIETRA

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9

By:

10

TEL [phone] • FAX [phone]

SAN FRANCISCO, CALIFORNIA 94111-2612

Walsworth

601 MONTGOMERY STREET, NINTH FLOOR

11
12 Dated: April 8, 2015

/s/ Gregory S. Nerland
GREGORY S. NERLAND
Attorneys for Defendant
C&L ASSOCIATES, INC.

WFBM, LLP

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14
By:
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/s/ Laurie E. Sherwood
LAURIE E. SHERWOOD
ALEX F. PEVZNER
Attorneys for Defendant
C-TWO GROUP, INC.

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3107379.1
3902-3.3422

Case No. 3:13-cv-05914-HSG (KAW)
-3STIPULATION TO EXTEND CLASS CERTIFICATION DEADLINES FOR THE OPPOSITION AND REPLY AND
[PROPOSED] ORDER

1

DECLARATION OF LAURIE E. SHERWOOD

2

1.

I am an attorney at law, duly licensed to practice in the State of California and a partner

3 with the firm of Walsworth, Franklin, Bevins & McCall, LLP, counsel of record for defendant C-Two
4 Group, Inc. I have personal knowledge of the facts set forth in this Declaration and, if called as a
5 witness, could and would testify competently to such facts under oath.
6

2.

On September 12, 2014, the parties agreed to a 90 day continuance of the filing

7 deadlines and hearing date on plaintiff's motion for class certification to allow for the parties to
8 participate in a settlement conference with Magistrate Judge Kandis Westmore and to conduct
9 discovery following the settlement conference. On September 15, 2015, Judge Edward Chen executed
10 the order, and indicated that no further continuance would be granted. The order set the following

TEL [phone] • FAX [phone]

SAN FRANCISCO, CALIFORNIA 94111-2612

Walsworth

601 MONTGOMERY STREET, NINTH FLOOR

11 schedule:
12

 March 13, 2015: deadline for filing Plaintiff's Motion for Class Certification

13

 April 10, 2015: deadline for filing Defendants' Opposition to Plaintiff's Motion for

14

Class Certification
 May 1, 2015: deadline for filing Reply to Defendants' Opposition to Plaintiff's Motion

15
16

for Class Certification

17

3.

On December 1, 2015, the parties participated in a settlement conference with

18 Magistrate Judge Westmore. The matter did not settle but counsel for all parties have continued to
19 communicate with Magistrate Judge Westmore, and continue to explore possible resolution of the
20 case.
21

4.

On March 13, 2015, plaintiff filed her motion for class certification. On March 31,

22 2015, defendants deposed plaintiff Jamie Mendez. The deposition raised facts requiring additional
23 investigation by defendant C-Two Group, Inc. Additionally, one of C-Two Group, Inc.'s witnesses is
24 out of the country and will not return until next week.
25

5.

In light of the above and to continue settlement discussions, the parties have agreed,

26 subject to court approval, to a two week extension to file the opposition and reply. The parties do not
27 seek to continue the hearing date of May 28, 2015, on Plaintiff's Motion for Class Certification. The
28 requested extension will not affect the case schedule.
3107379.1
3902-3.3422

Case No. 3:13-cv-05914-HSG (KAW)
-4STIPULATION TO EXTEND CLASS CERTIFICATION DEADLINES FOR THE OPPOSITION AND REPLY AND
[PROPOSED] ORDER

1

I declare under penalty of perjury under the laws of the State of California that the foregoing is

2 true and correct.
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Executed on this 8th day of April, 2015, at San Francisco, California.

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/s/Laurie E. Sherwood
LAURIE E. SHERWOOD

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8

ATTORNEY ATTESTATION

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TEL [phone] • FAX [phone]

SAN FRANCISCO, CALIFORNIA 94111-2612

Walsworth

601 MONTGOMERY STREET, NINTH FLOOR

11

I hereby attest that all counsel have consented to the use of any signatures indicated by a
conformed signature (/s/) within this e-filed document.

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/s/Laurie E. Sherwood
LAURIE E. SHERWOOD

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3107379.1
3902-3.3422

Case No. 3:13-cv-05914-HSG (KAW)
-5STIPULATION TO EXTEND CLASS CERTIFICATION DEADLINES FOR THE OPPOSITION AND REPLY AND
[PROPOSED] ORDER

1

ORDER

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3

IT IS ORDERED as follows:

4

1.

The deadline to file Defendants' Opposition to Plaintiffs' Motion for Class Certification

5 is extended from April 10, 2015, to April 24, 2015;
6

2.

The deadline to file Plaintiffs' Reply to Defendants' Opposition to Plaintiff's Motion for

7 Class Certification is extended from May 1, 2015, to May 15, 2015; and
8

3.

The hearing date on Plaintiff's Motion for Class Certification will not be continued and

9 will remain on May 28, 2015.
10

TEL [phone] • FAX [phone]

SAN FRANCISCO, CALIFORNIA 94111-2612

Walsworth

601 MONTGOMERY STREET, NINTH FLOOR

11
12 DATED: April 13, 2015
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THE HONORABLE HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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3107379.1
3902-3.3422

Case No. 3:13-cv-05914-HSG (KAW)
-6STIPULATION TO EXTEND CLASS CERTIFICATION DEADLINES FOR THE OPPOSITION AND REPLY AND
[PROPOSED] ORDER