Mendez v. C-Two Group, Inc.

Filing 96

ORDER by Judge Haywood S. Gilliam, Jr. Granting 94 Stipulation TO CONTINUE CERTAIN DATES. (ndrS, COURT STAFF) (Filed on 12/28/2015)

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Thomas A. Kearney, State Bar No. 90045
[e-mail]
Prescott W. Littlefield, State Bar No. 259049
[e-mail]
KEARNEY LITTLEFIELD LLP
3436 N. Verdugo Rd., Ste. 230
Glendale, CA 91208
Telephone [phone]
Facsimile [phone]

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Gene J. Stonebarger, State Bar No. 209461
[e-mail]
Richard D. Lambert, State Bar No. 251148
[e-mail]
STONEBARGER LAW
A Professional Corporation
75 Iron Point Circle, Suite 145
Folsom, CA 95630
Telephone [phone]
Facsimile [phone]

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Attorneys for Plaintiff Mendez and the Class

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JAMIE MENDEZ, an individual, on behalf
of herself and all others similarly situated

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Plaintiff,

Case No.3:13-cv-05914-HSG
STIPULATION TO CONTINUE
CERTAIN DATES AND ORDER

v.
C-TWO GROUP, INC.; MOBILESOTRM,
INC.; and DOES 1-50, inclusive,
Defendants.

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STIPULATION TO CONTINUE CERTAIN DATES AND [PROPOSED] ORDER

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TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

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Plaintiff Jamie Mendez and Defendants C-Two Group, Inc., and C & L Associates, Inc.

3 (together with C-Two Group, “Defendants” and together with Plaintiff the “Parties”) by and
4 through their respective counsel of record, hereby stipulate as follows:
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WHEREAS, pursuant to this Court’s Order, the Parties submitted a Joint Proposed Case

6 Schedule on June 9, 2015;
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WHEREAS, on June 15, 2015, the Court ordered, among other dates, the following dates:

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1) Rule 26 initial expert disclosures date is January 22, 2016;

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2) Rule 26 rebuttal expert disclosures date is February 19, 2016;

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3) And the Discovery cut off date for both fact and expert discovery is March 18, 2016;

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[Docket No. 78]

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WHEREAS, Defendants have moved for summary judgment, Plaintiff opposed, and the

13 Court held a hearing on Defendants’ motions;
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WHEREAS, the Court has Ordered that Plaintiff’s Motion for Class Certification is

15 granted, and Ordered the Parties to meet and confer to submit a stipulation regarding a notice
16 procedure;
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WHEREAS, the Parties have met and conferred and concurrently herewith are submitting

18 a stipulation regarding a notice procedure;
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WHEREAS, the Parties proposed notice procedure will likely take nearly 60 days from

20 the date the Court accepts the Parties proposed notice procedure (with or without revisions to the
21 proposal), including time for Defendants to provide a class list to the Claims Administrator; for
22 the Claims Administrator to format the list and provide notice to the Class; and for Class
23 Members to choose to opt-out or refrain from so doing;
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WHEREAS, the time for Class Members to opt-out will likely extend until the Parties’

25 previous proposed dates to close discovery and conduct expert discovery;
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WHEREAS, the Parties are desirous of waiting until the Court enters an Order regarding

27 summary judgment so that they can assess the status of the case before engaging in any potential
28 additional discovery, both fact and expert;
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STIPULATION TO CONTINUE CERTAIN DATES AND [PROPOSED] ORDER

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IT IS HEREBY STIPULATED that the period of time for the Parties to complete

2 discovery is continued as follows:
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1) Rule 26 initial expert disclosures date is 60 days after the Court’s Order regarding
summary judgment is entered;
2) Rule 26 rebuttal expert disclosures date is 90 days after the Court’s Order regarding
summary judgment is entered;
3) And the Discovery cut off date for both fact and expert discovery is 120 days after the
Court’s Order regarding summary judgment is entered.

9 Dated: December 28, 2015

KEARNEY LITTLEFIELD, LLP
STONEBARGER LAW, APC

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By: /s/ Prescott W. Littlefield
Prescott W. Littlefield
Attorneys for Plaintiff

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WALSWORTH, FRANKLIN, BEVINS &
McCALL, LLP

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

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AKAWIE & LAPIETRA

Dated: December 28, 2015
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By: /s/ Gregory S. Nerland
GREGORY S. NERLAND
Attorneys for Defendant
C&L ASSOCIATES, INC.

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I, Prescott W. Littlefield, hereby attest that pursuant to LR 5-1(i) I have on file concurrence
for any signatures indicated by a “conformed” signature (/s/) within this e-filed document.

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/s/ Prescott W. Littlefield
Prescott W. Littlefield

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STIPULATION TO CONTINUE CERTAIN DATES AND [PROPOSED] ORDER

ORD
DER

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PURSUANT TO STIPUL
LATION, IT IS SO ORD
T
DERED.

3 Dated: Decem
D
mber 28, 2015

_______
___________
__________
________
Hon. Ha
ayward S. Gi
illiam Jr.
United S
States Distric Court Judg
ct
ge
Northern District of California
n

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STIPULATIO TO CONTIN
ON
NUE CERTAI DATES AN [PROPOSE ORDER
IN
ND
ED]