Soto v. Safeway Inc.

Filing 80

STIPULATION AND ORDER re 78 TO CONTINUE THE JANUARY 26, 2017 CLASS CERTIFICATION FILING DATE TO FEBRUARY 9, 2017 filed by Ehder Soto, Dan Shiner, Mauri Sanders, Julie Whitson, Heney Shihad. Signed by Judge Edward M. Chen on 1/24/17. (bpfS, COURT STAFF) (Filed on 1/24/2017)

ROSEMARY M. RIVAS (Bar No. 209147)

1 [e-mail]

QUENTIN A. ROBERTS (Bar No. 306687)

2 [e-mail]
FINKELSTEIN THOMPSON LLP

3 1 California Street, Suite 900

San Francisco, California 94111

4 Telephone: [phone]
5

Facsimile: [phone]

Interim Counsel for Plaintiffs Ehder Soto, Heney

6 Shihad, Dan Shiner, and Mauri Sanders
7 Clark R. Nichols (pro hac vice)
[e-mail]

8 PERKINS COIE LLP

The PSE Building 10885 N.E. Fourth Street, Suite 700

9 Bellevue, WA 98004-5579
Telephone: [phone]

10 Facsimile: 425.635.2400

11 Sunita Bali (Bar No. 274108)
[e-mail]

12 PERKINS COIE LLP

505 Howard Street, Suite 1000

13 San Francisco, CA 94105-3204
Telephone: [phone]

14 Facsimile: 415.344.7050

15 Attorneys for Defendants

SAFEWAY INC. and THE VONS COMPANIES,

16 INC.
17
18

UNITED STATES DISTRICT COURT

19

NORTHERN DISTRICT OF CALIFORNIA

20
21

IN RE SAFEWAY TUNA CASES

22

Case No. 15-cv-05078 EMC
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE THE JANUARY 26, 2017
CLASS CERTIFICATION FILING DATE
TO FEBRUARY 9, 2017

23
24

Judge:
Courtroom:

25

Hon. Edward M. Chen
5, 17th Floor

26
27
28

Case No. 15-cv-05078 EMC

STIPULATION & [PROPOSED] ORDER
CONTINUING MOTION FOR CLASS
CERTIFICATION

1

WHEREAS, the Court initially set a date of January 5, 2017 for Plaintiffs to file a motion

2 for class certification;
3

WHEREAS, at the last case management conference with the Court on December 8, 2016,

4 the parties informed the Court that they were continuing with settlement discussions and that due
5 to Defendants’ witness unavailability in December 2016, they wished to continue the January 5,
6 2017 class certification filing deadline by three weeks;
7

WHEREAS, the Court continued the January 5, 2017 class certification filing deadline to

8 January 26, 2017;
9

WHEREAS, the parties have continued settlement discussions and Plaintiffs were prepared

10 to take Defendants’ deposition on January 10, 2017 and January 18, 2017 pursuant to F.R.C.P.
11 30(b)(6) except they wished to focus on settlement discussions and counsel for Defendants was ill;
12

WHEREAS, the parties have continued settlement discussions and expect those will either

13 be completed in the next week and culminate in a settlement agreement or they will proceed with
14 the litigation;
15

ACCORDINGLY, the parties by and through their counsel of record, hereby stipulate as

16 follows:
17

1)

The deadline for Plaintiffs to file their motion for class certification will be

18 February 9, 2017 and the hearing will be scheduled for March 16, 2017.
19 DATED: January 20, 2017
20

By: /s/ Rosemary M. Rivas
Rosemary M. Rivas

21

Interim Counsel for Plaintiffs Ehder Soto, Heney
Shihad, Dan Shiner and Mauri Sanders

22
23
24

DATED: January 20, 2017

PERKINS COIE LLP
By: /s/ Clark R. Nichols
Clark R. Nichols

25
26

Attorneys for Defendants SAFEWAY INC. and THE
VONS COMPANIES, INC.,

27
28

FINKELSTEIN THOMPSON LLP

Case No. 15-cv-05078 EMC

-2 -

STIPULATION & [PROPOSED] ORDER
CONTINUING MOTION FOR CLASS
CERTIFICATION

J

1

FILER’S ATTESTATION

2

Pursuant to Civil Local Rule 5-1 regarding signatures, I attest under penalty of perjury that

3

the concurrence in the filing of this document has been obtained from all signatories.
/s/
Rosemary M. Rivas
Rosemary M. Rivas
5

4
6
7

[PROPOSED] ORDER

8
9

Based on the foregoing stipulation and good cause being shown, the Court hereby

10 GRANTS the parties’ Stipulation. The Court hereby orders as follows:
11

The deadline for Plaintiffs to file their motion for class certification is continued to

12 February 9, 2017 and the hearing will be scheduled for March 16, 2017.
13

RT

18

dwa
Judge E

ER

20

A

H

19

hen

rd M. C

NO

17

R NIA

16

___________________________
RED
Hon. Edward DEChen
O OR M.
IT IS S States District Court Judge
United

FO

January 24, 2016

LI

15 Date:

UNIT
ED

S

IT IS SO ORDERED.

RT
U
O

14

S DISTRICT
TE
C
TA

N

F
D IS T IC T O
R

C

21
22
23
24
25
26
27
28

Case No. 15-cv-05078 EMC

-3 -

STIPULATION & [PROPOSED] ORDER
CONTINUING MOTION FOR CLASS
CERTIFICATION

J