Donald v. Xanitos, Inc.

Filing 46

ORDER granting 45 STIPULATION TO CONTINUE CERTIFICATION DEADLINES. Case Management Conference set for 1/5/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 12/29/2015. Signed by Judge William H. Orrick on 08/03/2015. (jmdS, COURT STAFF) (Filed on 8/3/2015)

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HOFFMAN EMPLOYMENT LAWYERS
MICHAEL HOFFMAN (SBN 154481)
LEONARD EMMA (SBN 224483)
STEPHEN NOEL ILG (SBN 275599)
580 California Street, Suite 1600
San Francisco, CA 94104
Tel
[phone]
Fax
[phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiff PAULA DONALD

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MARK POSARD (SBN: 208790)
[e-mail]
MOLLIE BURKS (SBN: 222112)
[e-mail]
SARA A. MOORE (SBN: 294255)
[e-mail]
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
XANITOS, INC.
Attorneys for Defendant XANITOS, INC.
and KAISER FOUNDATION HOSPITALS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAULA DONALD, on behalf of herself,
all others similarly situated, and the general
public,
Plaintiff,
vs.

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Case No. 3:14-cv-05416-WHO
PUTATIVE CLASS ACTION
JOINT STIPULATION AND ORDER TO
CONTINUE CERTIFICATION
DEADLINES

XANITOS, INC., a Delaware corporation,
KAISER FOUNDATION HOSPITALS, a
California corporation, and DOES 1
through 10, inclusive,

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Defendants.

Joint Stip. and ORDER To Continue Certification Deadlines
Donald v. Xanitos, Inc. et al.

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Pursuant to Civil Local Rule 7-12 of the United States District Court for the Northern

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District of California, the Parties to the above entitled action, Plaintiff PAULA DONALD

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(“Plaintiff,”), Defendant XANITOS, INC. (“Xanitos”), and Defendant KAISER FOUNDATION

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HOSPITALS (“Kaiser”) (collectively referred to as the “Parties”), by and through their

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undersigned counsel, enter into the following Stipulation:

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WHEREAS, the Plaintiff and Defendant Xanitos have each diligently propounded and

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responded to a first set of written discovery and are presently meeting and conferring regarding

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responses as well as scheduling pre-certification depositions;

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WHEREAS, the Court granted Plaintiff’s Motion for Leave to amend to add a new claim

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and a new Defendant, KAISER FOUNDATION HOSPITALS (“Kaiser”) as an alleged joint

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employer;

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WHEREAS, Plaintiff filed a First Amended Complaint adding Kaiser on April 23, 2015;

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WHEREAS, the addition of Kaiser as a party has caused delays due to the volume of

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discovery, the amount of time required for Kaiser to compile responsive information, and the

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time required for the Parties to meet and confer regarding the same;

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WHEREAS the Parties have met and conferred regarding a stipulation to modify the
schedule in light of the delays caused by the addition of Kaiser as a new Defendant;

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WHEREAS no other modifications to the case schedule have been made in this matter;

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WHEREAS, the Parties agree it would be appropriate to continue the deadlines for

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Plaintiff’s Motion for Class Certification and Defendant’s Opposition thereto for approximately

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six (6) months to complete necessary pre-certification discovery;

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NOW THEREFORE, the Parties stipulate to continue, for six (6) months, the deadlines
for Plaintiff’s Motion for Class Certification and Defendant’s Opposition thereto:
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Plaintiff’s deadline to file a Motion for Class Certification is continued for

approximately six (6) months, to March 15, 2016.
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Deadline to file an Opposition to Plaintiff’s Motion for Class Certification is

continued for approximately six (6) months, to April 1, 2016.

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-1Joint Stip. and ORDER To Continue Certification Deadlines
Donald v. Xanitos, Inc. et al.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: July 29, 2015

GORDON REES LLP

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/s/ Sara Moore

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By

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Mark Posard
Sara Moore
Attorneys for Defendant
XANITOS, INC. AND KAISER FOUNDATION
HOSPITALS, INC.

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DATED: July 29, 2015

HOFFMAN EMPLOYMENT LAWYERS
/s/ Stephen Noel Ilg

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BY
Michael Hoffman
Leonard Emma
Stephen Noel Ilg

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Attorneys for Plaintiffs
PAULA DONALD et al.

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I, Stephen Noel Ilg, hereby attest, pursuant to N.D. Cal. Local Rule 5-1(i)(3), that
concurrence to the filing of this document has been obtained from each signatory.
By:

/s/ Stephen Noel Ilg
Attorneys for Plaintiffs
PAULA DONALD et al.

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-2Joint Stip. and ORDER To Continue Certification Deadlines
Donald v. Xanitos, Inc. et al.

PURSUANT TO STIPULATION, as modified, IT IS ORDERED AS

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FOLLOWS:

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1. Plaintiff’s deadline to file a Motion for Class Certification is continued for
approximately six (6) months, to March 15, 2016.
2. Defendant’s deadline to file an Opposition to Plaintiff’s Motion for Class
Certification is continued for approximately six (6) months, to April 1, 2016.

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3. Plaintiff’s deadline to file a Reply to the Opposition is April 15, 2016.

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4. Hearing on the motion for class certification is set for 2 pm on May 4, 2016, in

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Courtroom 2, 17th floor.

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Given that this is a lengthy continuance from a schedule initially proposed by the

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parties, no further extensions to this schedule are contemplated.

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A further Case Management Conference is set for January 5, 2016 at 2 pm in

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Courtroom 2, 17th floor. The Joint Statement is due no later than December 29,
2015.

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IT IS SO ORDERED.

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Dated: August 3, 2015

____________________________________
United States District Judge

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1102475/24472381v.1

-3Joint Stip. and ORDER To Continue Certification Deadlines
Donald v. Xanitos, Inc. et al.