Spicher v. Aidells Sausage Company, Inc.

Filing 31

ORDER CONTINUING BRIEFING AND HEARING SCHEDULE FOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION granting 27 STIPULATION. Signed by Judge William H. Orrick on 04/29/2016. (jmdS, COURT STAFF) (Filed on 4/29/2016)

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[Names and addresses of Counsel on
signature block]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CARMEN SPICHER and DAVID FLEMING, Case No. 3:15-cv-05012-WHO
on behalf of themselves and all others
similarly situated,
STIPULATION AND ORDER
Plaintiffs,
CONTINUING BRIEFING AND HEARING
SCHEDULE FOR PLAINTIFFS’ MOTION
v.
FOR CLASS CERTIFICATION
AIDELLS SAUSAGE COMPANY, INC.,

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Honorable William H. Orrick, III.

Defendant.
/

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STIPULATION AND ORDER CONTINUING SCHEDULE FOR MOTION FOR CLASS CERTIFICATION; Case
No. 3:15-CV-05012-WHO

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WHEREAS, the process for reaching agreement on the language of a notice to class

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members notifying them of this lawsuit and giving them an opportunity to opt out if they do not

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want their names and contact information produced to Plaintiffs’ counsel has taken longer than

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expected;

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WHEREAS, the parties have been meeting and conferring and attempting to resolve
various discovery issues, and that process has taken longer than expected;
WHEREAS, the parties will be better able to brief class certification issues when they are
more fully informed about the facts of the case;
The parties, through their respective counsel of record, hereby stipulate and agree as
follows:
1. The schedule for the briefing of Plaintiffs’ motion for class certification shall be
continued as follows:
a. The date for plaintiffs to file the motion for class certification shall be
continued from June 21, 2016 to July 21, 2016;
b. The date for Defendants to oppose the class certification motion shall be
continued from July 27, 2016 to August 26, 2016;
c. The deadline for Plaintiffs to file a reply brief in support of their motion

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for class certification shall be continued from August 26, 2016 to

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September 26, 2016.

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2. The hearing on Plaintiffs’ motion for class certification shall be continued from
September 14, 2016 to October 12, 2016.

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STIPULATION AND ORDER CONTINUING SCHEDULE FOR MOTION FOR CLASS CERTIFICATION; Case
No. 3:15-CV-05012-WHO

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DATED: April 26, 2016

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/s/ John T. Mullan
JOHN T. MULLAN (SBN: 221149)
MICHELLE G. LEE (SBN: 266167)
RUDY, EXELROD, ZIEFF & LOWE, LLP
351 California Street, Suite 700
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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DATED: April 26, 2016

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/s/ James M. Finberg___________________
JAMES M. FINBERG (SBN: 114850)
EVE H. CERVANTEZ (SBN: 164709)
CONNIE K. CHAN (SBN: 284230)
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiffs CARMEN SPICHER and
DAVID FLEMING, and all others similarly
situated

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DATED: April 26, 2016
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/s/ Thomas M. McInerney__________________
THOMAS M. MCINERNEY, CA Bar No. 162055
[e-mail]
CAROLYN B. HALL, CA Bar No. 212311
[e-mail]
RINA WANG, CA Bar No. 269608
[e-mail]
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.442.4870
Attorneys for Defendant
AIDELLS SAUSAGE COMPANY, INC.
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STIPULATION AND ORDER CONTINUING SCHEDULE FOR MOTION FOR CLASS CERTIFICATION; Case
No. 3:15-CV-05012-WHO

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ORDER

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The forgoing stipulation is approved, and

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IT IS SO ORDERED as follows:

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1. The schedule for the briefing of Plaintiffs’ motion for class certification shall be
continued as follows:
a. The date for plaintiffs to file the motion for class certification shall be
continued from June 21, 2016 to July 21, 2016;
b. The date for Defendants to oppose the class certification motion shall be
continued from July 27, 2016 to August 26, 2016;
c. The deadline for Plaintiffs to file a reply brief in support of their motion

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for class certification shall be continued from August 26, 2016 to

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September 26, 2016.

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2. The hearing on Plaintiffs’ motion for class certification shall be continued from
September 14, 2016 to October 12, 2016.

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DATED: April 29, 2016

HON. WILLIAM H. ORRICK III
DISTRICT COURT JUDGE

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ECF CERTIFICATION

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Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that he has obtained
concurrence regarding the filing of this document from the signatories to the document.
DATED: April 26, 2016
/s/ James M. Finberg
James M. Finberg
Attorney for Plaintiffs

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STIPULATION AND ORDER CONTINUING SCHEDULE FOR MOTION FOR CLASS CERTIFICATION; Case
No. 3:15-CV-05012-WHO