John Utne v. Home Depot U.S.A., Inc.

Filing 155

STIPULATION AND ORDER RE #154 TO SET BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANT'S MOTION TO DECERTIFY. Signed by Judge Richard Seeborg on 10/25/19. (cl, COURT STAFF) (Filed on 10/25/2019)

1 Shaun Setareh (SBN 204514)
[e-mail]

2 Thomas Segal (SBN 222791)
[e-mail]
3 Farrah Grant (SBN 293898)
[e-mail]
4 SETAREH LAW GROUP
5 315 South Beverly Drive, Suite 315
Beverly Hills, California 90212

6 Telephone:
Facsimile:

[phone]
[phone]

7 Attorneys for Plaintiff,
8 JOHN UTNE and CLASS MEMBERS
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN UTNE, on behalf of himself, all others
similarly situated, and the general public,

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Plaintiff,
vs.

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Case No.3:16-cv-01854-RS

JOINT STIPULATION AND ORDER TO
SET BRIEFING SCHEDULE AND
HEARING DATE FOR DEFENDANT’S
MOTION TO DECERTIFY

HOME DEPOT U.S.A., INC., a Delaware
corporation; and DOES 1-50, inclusive,
Action Filed: March 8, 2016
Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE AND HEARING DATE
FOR DEFENEDANT’S MOTION TO DECERTIFY

JOINT STIPULATION

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This Joint Stipulation to set a briefing schedule and hearing date for Defendant’s Motion to
Decertify is made by and between Plaintiff John Utne (“Plaintiff”) and Defendant Home Depot
U.S.A., Inc. (“Defendant”), through their respective counsel of record, with reference to the
following facts:
1. Defendant filed their Motion to Decertify (“Motion”) on October 16, 2019. ECF No. 152.
Responses to the Motion are due by October 30, 2019. Replies are due by November 6, 2019.
The hearing date for the Motion is December 12, 2019.
2. In order to have sufficient time to draft an opposition, including taking the deposition of the
expert witness whose declaration is submitted in support of the motion and due to other preexisting deadlines and appearances in other matters, Plaintiff’s counsel requested an extension
of time to file an opposition to Defendant’s Motion to Decertify.
3. To date, the following deadlines in this action have been modified: (1) Stipulation to Continue
Initial Case Management Conference and Order granting same (Dkt Nos. 17 and 18);
Stipulation to Continue Class Certification Briefing and Hearing and Order granting same (Dkt
Nos. 35 ad 36); Stipulation to Continue Briefing and Hearing and Order granting same (Dkt
Nos. 110 and 111); Defendant’s Motion to Enlarge Time to Oppose Plaintiff’s Motion for
Partial Summary Judgment and Order granting same (Dkt Nos. 122 and 124); Stipulation to
Extend Plaintiff’s Deadline to Oppose Motion for Partial Summary Judgment and Order
Granting Same (Dkt 130); Stipulation to Extend Expert Deadlines, Defendant’s Decertification
Motion Deadline, Pretrial Conference and Trial Date (Dkt 144); and Stipulation to Extend
Expert Deadlines, Decertification Motion Deadline, Pretrial Conference and Trial Date. (Dkt
151).
4. The Parties propose the following schedule for Defendant’s Decertification Motion Briefing and
the hearing date:
EVENT

PROPOSED DATE

Plaintiff’s Opposition to Defendant’s Decertification Motion Deadline

December 2, 2019

Defendant’s Reply ISO Defendant’s Decertification Motion Deadline

January 9, 2020
January 23, 2020 at 1:30 p.m.
or as soon thereafter as the

Hearing Date for Defendant’s Decertification Motion Deadline

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JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE

Court is available

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IT IS SO STIPULATED.

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Dated: October 23, 2019

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By:___/s/ Shaun Setareh_____________
Shaun Setareh
Attorneys for Plaintiff,
John Utne

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SETAREH LAW GROUP

Dated: October 23, 2019

AKIN GUMP STRAUSS HAUER & FELD LLP

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By:

/s/ Liz Bertko
Liz Bertko
Attorneys for Defendant,
Home Depot U.S.A., Inc.

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Pursuant to Civil Local Rule 5-1(i)(3), the filer attests that concurrence in the filing of this
document has been obtained from each of the above signatories.

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-2JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE

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ORDER
GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the following deadlines

3 and hearing date are entered:
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EVENT

DATE

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Plaintiff’s Opposition to Defendant’s Decertification Motion Deadline

December 2, 2019

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Defendant’s Reply ISO Defendant’s Decertification Motion Deadline

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Hearing Date for Defendant’s Decertification Motion Deadline

January 9, 2020
January 23, 2020 at 1:30 p.m.
or as soon thereafter as the
Court is available

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10/25/19
Dated: ___________________

______________________________

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Honorable Richard Seeborg
United States District Judge

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JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE