Ambrosia et al v. Cogent Communications, Inc.

Filing 35

STIPULATION AND ORDER TO REVISE SCHEDULING ORDER FOR FLSA COLLECTIVE ACTION AND RULE 23 CLASS ACTION CERTIFICATION MOTIONS. Motion Hearing set for 8/20/2015 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 1/2/15. (cl, COURT STAFF) (Filed on 1/2/2015)

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HAYNES AND BOONE, LLP
Tamara I. Devitt/Bar No. 209683
[e-mail]
Matthew E. Costello/Bar No. 295062
[e-mail]
600 Anton Boulevard, Suite 700
Costa Mesa, California 92626
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant
COGENT COMMUNICATIONS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOAN AMBROSIA, JANE LACAP,
KEITH SWICK, BILL CHAN, COSMIN
BANU, SHAHID RAHMATULLAH,
DANA ROGERS, TONY TRINH,
CHRISTIAN HALLORAN, NOVELETT
WITT, ART BAIMKIN, ANGELITO
MUYOT JR., JASON RUIS, KESHAV
LILBURN KAMATH, PEET SAPSIN, and
ALICIA ERBY

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Plaintiffs,

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vs.

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COGENT COMMUNICATIONS, INC.,

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Defendant.

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Case No. 3:14-cv-02182-RS
Assigned to:
Hon. Richard Seeborg
STIPULATION TO REVISE
SCHEDULING ORDER FOR FLSA
COLLECTIVE ACTION AND RULE 23
CLASS ACTION CERTIFICATION
MOTIONS; [PROPOSED] ORDER

Complaint Filed: May 12, 2014

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STIPULATION TO REVISE SCHEDULING ORDER FOR FLSA COLLECTIVE ACTION AND RULE 23
CLASS ACTION CERTIFICATION MOTIONS; [PROPOSED] ORDER
Case No. 3:14-cv-02182-RS

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This stipulation is entered into by and between Plaintiffs Joan Ambrosio, et al.

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(“Plaintiffs”) and Defendant Cogent Communications, Inc. (“Defendant”) (collectively, the

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“Parties”) through their counsel of record as follows:

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WHEREAS, following the Rule 16(b) Case Management Conference, on October 9,

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2014, this Court set forth the following briefing schedule for Plaintiffs’ intended FLSA collective

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action and Rule 23 class action certification motions (Dkt. 30):

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May 29, 2015.

Deadline for Plaintiffs to file their motion for Rule 23 class

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certification and FLSA collective action certification;

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June 12, 2015.

Deadline for Defendant to file its opposition to Rule 23 class

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certification and FLSA collective action certification;

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June 19, 2015. Deadline for Plaintiffs to file their reply, if any, to Defendant’s

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opposition;

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June 26, 2015.

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collective action certification.

Hearing on Plaintiffs’ motion for class certification and FLSA

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WHEREAS, at the Rule 16(b) Case Management Conference, this Court advised that the

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Parties could agree to a different briefing schedule than that set forth by the Court’s October 9,

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2014 Order.

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WHEREAS, in order for the Parties to adequately brief the issue of collective action and

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class action certification, the Parties hereby request an order to extend the time between

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Plaintiffs’ deadline to file their moving briefs and Defendant’s deadline to file its opposition

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briefs and between Defendant’s deadline to file its opposition briefs and Plaintiffs’ deadline to

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file their reply briefs, if any.
WHEREAS, the Parties have not previously requested any time modifications regarding

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the scheduling of Plaintiffs’ intended certification motions.
WHEREAS, neither Party will suffer any prejudice should the Court extend the time for

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Defendant to file its opposition briefs and Plaintiffs to file their reply briefs, if any.

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STIPULATION TO REVISE SCHEDULING ORDER FOR FLSA COLLECTIVE ACTION AND RULE 23
CLASS ACTION CERTIFICATION MOTIONS; [PROPOSED] ORDER
Case No. 3:14-cv-02182-RS

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NOW, THEREFORE, pursuant to Local Civil Rules 6-1, 6-2, and 7-12, the Parties

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hereby stipulate to the following briefing schedule for Plaintiffs’ intended FLSA collective

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action certification motion and Rule 23 class action certification motion:

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June 5, 2015.

Deadline for Plaintiffs to file their motion for Rule 23 class

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certification and their motion for FLSA collective action certification;

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July 10, 2015. Deadline for Defendant to file its opposition to Plaintiffs’ Rule 23

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class certification and FLSA collective action certification motions;

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August 7, 2015.

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oppositions;

Deadline for Plaintiffs to file a reply, if any, to Defendant’s

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August 20, 2015. Hearing on Plaintiffs’ motion for Rule 23 class certification and

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motion for FLSA collective action certification.

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IT IS SO STIPULATED.

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Date: December 31, 2014

DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
SHELLIST | LAZARZ | SLOBIN LLP

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By: /s/ Monique Olivier
Monique Olivier
Attorneys for Plaintiffs

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Date: December 31, 2014

HAYNES AND BOONE, LLP

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By: /s/ Tamara I. Devitt
Tamara I. Devitt
Attorneys for Defendant
COGENT COMMUNICATIONS, INC.

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STIPULATION TO REVISE SCHEDULING ORDER FOR FLSA COLLECTIVE ACTION AND RULE 23
CLASS ACTION CERTIFICATION MOTIONS; [PROPOSED] ORDER
Case No. 3:14-cv-02182-RS

ORDER

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The Parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED that:

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a.

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On or before June 5, 2015, Plaintiffs will file their motion for Rule 23 class

certification and motion for FLSA collective action certification;
b.

On or before July 10, 2015, Defendant will file its opposition to Plaintiffs’

motions for Rule 23 class certification and FLSA collective action certification;

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c.

On or before August 7, 2015, Plaintiffs will file a reply, if any, to Defendant’s

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oppositions; and

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d.

Plaintiff’s motion for Rule 23 class certification and motion for FLSA collective

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action certification shall be heard on August 20, 2015, at 1:30 p.m. in Courtroom 3, 17th Floor,

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United States Courthouse, 450 Golden Gate Avenue, San Francisco, California 94102.

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IT IS SO ORDERED.

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1/2/15
Dated: ________________________

____________________________________
Richard Seeborg
United States District Court Judge

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STIPULATION TO REVISE SCHEDULING ORDER FOR FLSA COLLECTIVE ACTION AND RULE 23
CLASS ACTION CERTIFICATION MOTIONS; [PROPOSED] ORDER
Case No. 3:14-cv-02182-RS