Walintukan v. SBE Entertainment Group, LLC et al

Filing 68

STIPULATION AND ORDER re 67 STIPULATION WITH PROPOSED ORDER filed by Deric Walintukan. Motion Hearing set for 2/15/2018 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on September 21, 2017. (wsn, COURT STAFF) (Filed on 9/21/2017)

1
2
3
4
5
6
7
8
9
10

JAURIGUE LAW GROUP
Michael J. Jaurigue (SBN 208123)
[e-mail]
Abigail A. Zelenski (SBN 228610)
[e-mail]
David Zelenski (SBN 231768)
[e-mail]
300 West Glenoaks Boulevard, Suite 300
Glendale, California 91202
Telephone: [phone]
Facsimile: [phone]
GLANCY PRONGAY & MURRAY LLP
Lionel Z. Glancy (SBN 134180)
Mark S. Greenstone (SBN 199606)
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

11
Attorneys for Plaintiff Deric Walintukan
12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15
16
17

DERIC WALINTUKAN, as an individual and on
behalf of all others similarly situated,

18
19
20
21
22
23
24
25

Plaintiff,
v.
SBE ENTERTAINMENT GROUP, LLC, a
California limited liability company; 6021
HOLLYWOOD INVESTOR, LLC, a California
limited liability company; 6021 HOLLYWOOD
OPERATING COMPANY, LLC, a California
limited liability company; and SPOONFUL
MANAGEMENT LLC, a California limited
liability company,

Case No. 3:16-CV-01311-JST
STIPULATION AND [PROPOSED]
CONTINUING SUMMARYJUDGMENT/ADJUDICATION BRIEFING
AND HEARING SCHEDULE
Assigned to Hon. Jon S. Tigar

Defendants.

26
27
28

STIPULATION & [PROPOSED] ORDER CONTINUING BR. AND HEARING SCHEDULE – Case No. 16-CV-01311

1

Plaintiff Deric Walintukan, on the one hand, and Defendants SBE Entertainment Group, LLC;

2

6021 Hollywood Investor, LLC; 6021 Hollywood Operating Company, LLC; and Spoonful

3

Management LLC, on the other hand, submit this Stipulation seeking to continue the briefing and

4

hearing schedule for their contemplated summary-judgment motion practice in the above-captioned

5

action. Good cause exists for the Court to grant this Stipulation, for the reasons set forth herein.

6

1.

In this action, Plaintiff alleges a class-wide claim for relief against Defendants under the

7

Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227. (See generally Feb. 16, 2017, First

8

Am. Compl. [ECF 53].)

9

2.

On April 5, 2017, the Court entered an Order setting the following schedule:

10

•

September 29, 2017: Opening summary-judgment/adjudication moving papers

11

due.
•

12
13

October 31, 2017: Opposition summary-judgment/adjudication moving papers
due.

14

•

November 20, 2017: Reply summary-judgment/adjudication moving papers due.

15

•

December 7, 2017, at 2:00 p.m.: Summary-judgment/adjudication hearing.

16

(Apr. 5, 2017, Stipulation and Order Setting Summ.-J./Adjudication Briefing and Hearing Schedule

17

[ECF 63] at 3:2–6, 3:22.) The motion practice will be directed to the specific issue of consent under the

18

TCPA.

19

3.

Since the date of the Court’s Order setting the briefing and hearing schedule, Plaintiff and

20

Defendants have taken a total of four depositions focused, in part, on the consent issue: a rule 30(b)(6)

21

deposition of SBE Entertainment Group, LLC; the deposition of Plaintiff; and depositions of two third

22

parties. Defendants has since voluntarily disclosed two additional individuals on whom they intend to

23

rely in their summary-judgment/adjudication briefing, both of whom are located out of state, in Miami,

24

Florida.

25

4.

Plaintiff stated he needs to depose the two additional witnesses voluntarily disclosed

26

before completing summary-judgment/adjudication briefing. Defendants do not oppose the depositions.

27

Thus, Plaintiff and Defendants presently hope to schedule the depositions of the two Miami deponents

28

for dates in October 2017, although hurricane recovery efforts might warrant some scheduling
1
STIPULATION & [PROPOSED] ORDER CONTINUING BR. AND HEARING SCHEDULE – Case No. 16-CV-01311

1

adjustments.

2

5.

Other than the summary-judgment/adjudication deadlines set forth above, the only other

3

deadline currently set by the Court is a July 2018 mediation cut-off date. (See July 17, 2017, Stipulation

4

and Order to Extend Time to Hold ADR Session [ECF 66] at 3:1–15.) In other words, trial in this action

5

has not yet been set, and there is no class-certification deadline currently in place.

6

6.

For the reasons herein, the Parties submit that good cause exists to grant the relief sought

7

herein, and that they are not seeking the relief to unduly delay the litigation or for any other improper

8

purpose.

9

/////

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
STIPULATION & [PROPOSED] ORDER CONTINUING BR. AND HEARING SCHEDULE – Case No. 16-CV-01311

1

Based on the foregoing, as well as in light of the intervening holidays, IT IS HEREBY

2

STIPULATED that the foregoing summary-judgment/adjudication briefing and hearing schedule be

3

reset, as follows:

4

1.

November 8, 2017: Opening moving papers due.

5

2.

December 22, 2017: Opposition papers due.

6

3.

January 26, 2018: Reply papers due.

7

4.

February 15, 2018: Hearing (at 2:00 p.m.), or such other date set by the Court.

8
9

Dated: September 19, 2017

GLANCY PRONGAY & MURRAY
JAURIGUE LAW GROUP

10

/s/ David Zelenski 1
Lionel Z. Glancy
Mark S. Greenstone
Michael J. Jaurigue
Abigail A. Zelenski
David Zelenski
Attorneys for Plaintiff

11
12
13
14
15

Dated: September 19, 2017

VENABLE LLP

16

/s/ Ari Rothman
Ari A. Rothman
Witt W. Chang
Attorneys for Defendants

17
18
19

*

20

*

*

PURSUANT TO STIPULATION, IT IS SO ORDERED.

21
22

Dated:

September 21, 2017
Hon. Jon S. Tigar
U.S. District Court Judge

23
24
25
26
27

Pursuant to rule 5-1 of the Northern District of California’s Local Rules, I hereby attest that
concurrence in the filing of this document has been obtained from each of the signatories below.
1

28

3
STIPULATION & [PROPOSED] ORDER CONTINUING BR. AND HEARING SCHEDULE – Case No. 16-CV-01311