Lopez v. PW Stephens

Filing 24

ORDER by Magistrate Judge Maria-Elena James granting 23 Stipulation to Change Time Pursuant to Local Rule 6-2. (rmm2S, COURT STAFF) (Filed on 8/21/2015)

JOHN E. LATTIN(SBN 167876)
Email: lattin laborlaw e~rs.com
2 FISHER & P ILLIP LLP
2050 Main Street, Suite 1000
3 Irvine, California 92614
Tel: [phone]
4 Fax: [phone]
1

AARON F. OLSEN SBN 224947)
Email: aolsen laborlaw_yers.com
l
6 FISHER & PHILLIP LLP
4747 Executive Drive, Suite 1000
7 San Diego, CA 92101
5

8

Attorneys for Defendant P.W. STEPHENS ENVIRONMENTAL,INC.

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12
13
14

AHED LOPEZ, on Behalf of Himself Case No.3:15-cv-03579-MEJ
and Others Similarly Situated,
JOINT STIPULATED REQUEST
AND PROPOSED ORDER TO
Plaintiff,
CHANGE TIME PURSUANT TO
LOCAL RULE 6-2
v.

15
P.W. STEPHENS
16 ENVIRONMENTAL,INC. a Delaware
Corporation, and DOES 1-10 inclusive
17
Defendants.
18
19
20

Pursuant to Defendant's request, the Parties have stipulated that the briefing

21

deadlines on Plaintiff's Motion to Facilitate Collective Action Notice, D.I. No. 11

22 (the "Motion") be extended by one additional week. Good cause exists for the
23 following reasons:
24

Plaintiff filed her Complaint on August 4, 2015. Plaintiff served the

25

Complaint on or about August 12, 2015. Defendant has not made an appearance

26 in the case.
27
28

Case No.: 3:15-cv-03579-MEJ
JOINT STIPULATED REQUEST AND PROPOSED ORDER TO CHANGE TIME
PURSUANT TO LOCAL RULE 6-2
FPDOCS 30974762.1

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

Plaintiff filed the Motion on Friday, August 14, 2015. As Defendant had
not yet made an appearance in the case, Plaintiff served the Motion via Federal
Express and sent a courtesy copy via e-mail to Defendant's attorney, John Lattin.
According to the Court's docket entry for August 14, 2015, Defendant's deadline
to file an opposition brief is August 28, 2015.
John Lattin, who is a partner at Fisher &Phillips and lead counsel for
Defendant, has been out of the country on a family vacation since Friday, August
14, 2015. He is scheduled to return to the office on Wednesday, August 26,
2015. Aaron Olsen, who is of counsel for Fisher &Phillips will be assisting Mr.
Lattin in this case. However, Mr. Olsen is scheduled to be out of town from
Tuesday, August 25, 2015 through Friday, August 28, 2015 in order to take his
daughter to college.
Accordingly, Defendant respectfully requests that the deadline to respond to
Plaintiff's Motion and the corresponding deadline to file a reply brief be extended
by one additional week.
Furthermore, Defendant respectfully requests that, pursuant to the Court's
August 17, 2015 docket entry (D.I. No. 20), Defendant be permitted to file its
consent or declination to proceed before a Magistrate Judge by 8/28/2015.
There have been no other requests for time modifications in this case.
The parties are not aware of any effect that this change in schedule would
have in the case.

22
23
24
25
26
27
28

Case No. 3:15-cv-03579-MEJ
2
STIPULATED REQUEST AND PROPOSED ORDERTO CHANGE TIME
JOINT
PURSUANT TO LOCAL RULE 6-2
FPDOCS 30974762.1

1

Respectfully submitted,

2
~ Dated: August 21, 2015

FISHER &PHILLIPS LLP

3
4
By: /s/-AARON F. OLSEN
J HN E. L TTIN IV
AARON F. OLSEN
Attorneys for Defendants)
P.W.STEPHENS
ENVIRONMENTAL,INC.

5
C7
7
8
9
~ Dated: August 21, 2015

LEONARD CARDER LLP

10
11
By: /s/-AARON D. KAUFMANN
UFM NN
R N D.
Attorneys for Plaintiff and Proposed
Class

12
13
14
15
16

PURSUANT TO STIPULATION,IT IS SO ORDERED.
17
18
DATED

August 21, 2015

HONORABLE MARIA-ELENA DAME

[L•l
20
21
22
23
24 I
25 I
26
27
28

3
Case No.3:15-cv-03579-MEJ
STIPULATED REQUEST AND PROPOSED ORDERTO CHANGE TIME
JOINT
PURSUANT TO LOCAL RULE 6-2
FPDOCS 30974762.1