Godhigh et al-v-Savers, LLC

Filing 52

ORDER granting 49 Stipulation to Reset Deadlines as to 45 MOTION to Certify Class. Response due by 10/19/2016. Reply due by 11/2/2016. Motion Hearing set for 11/30/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick.Signed by Judge William H. Orrick on 10/14/2016. Case Management Conference is also continued to 11/30/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco.Case Management Statement due by 11/23/2016. (jmdS, COURT STAFF) (Filed on 10/14/2016)

1
2
3
4
5
6
7

Fraser A. McAlpine (State Bar No. 248554)
Douglas G.A. Johnston (State Bar No. 268880)
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, California 94111-4615
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendants
TVI, INC. d/b/a SAVERS and VALUE
VILLAGE; and SAVERS, LLC

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12
13
14

EARL GODHIGH, and ANGELA OSGOOD,
individually and on behalf of all other members
of the general public similarly situated and on
behalf of other similarly aggrieved employees
pursuant to the California Private Attorneys
General Act,

15
Plaintiffs,
16

Case No. 3:16-cv-02874-WHO
JOINT STIPULATION AND
ORDER TO EXTEND
THE TIME TO FILE DEFENDANTS’
OPPOSITION AND PLAINTIFFS’
REPLY TO PLAINTIFFS’ MOTION
FOR CONDITIONAL CERTIFICATION

v.
17
18

TVI, INC. D/B/A SAVERS and VALUE
VILLAGE; and SAVERS, LLC.,

19
Defendants.

Ctrm:
Judge:

2, 17th Floor
William H. Orrick,
District Judge

Complaint Filed: 05/27/2016
Trial Date: None Set

20
21

Pursuant to Civil Local Rule 6-1(a), Defendants TVI, INC. D/B/A SAVERS and Value

22

Village and SAVERS, LLC and Plaintiffs Earl Godhigh and Angela Osgood and, by and through

23

their respective counsel of record, hereby stipulate as follows:

24
25
26
27
28

WHEREAS, Plaintiffs served their Notice of Motion and Motion for Conditional FLSA
Collective Action Certification and Issuance of Notice on September 21, 2016;
WHEREAS, Defendants currently have until October 5, 2016 to answer or respond to
Plaintiffs’ Motion for Conditional Certification;
WHEREAS, Defendants have requested and Plaintiffs have consented to an additional 14
1
JOINT STIP. TO EXTEND TIME RE: OPPO.
AND REPLY TO MOTION FOR COND. CERT.
Case No. 3:16-cv-02874-WHO

1
2

days for Defendants’ to file their opposition to Plaintiffs’ Motion for Conditional Certification;
WHEREAS, Defendants agree to toll the Fair Labor Standards Act claims, and only those

3

claims, for the prospective members of the collective action for an additional 14 days from

4

October 5 to 19, 2016;

5

WHEREAS, the parties agree that Plaintiffs’ reply for the Motion for Conditional

6

Certification shall be due 14 days following Defendants’ filing of their opposition to Plaintiffs’

7

Motion for Conditional Certification;

8
9
10
11

WHEREAS, an additional 14 days for Defendants’ opposition and an additional 14 days
for Plaintiffs’ reply to the Motion for Conditional Certification will not alter the date of any event
or any deadline already fixed by Court order;
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties,

12

through their respective counsel, that: (1) Defendants shall file their opposition to Plaintiffs’

13

Motion for Conditional Certification no later than October 19, 2016; (2) Plaintiffs shall file their

14

reply to Plaintiffs’ Motion for Conditional Certification no later than November 2, 2016; (3) the

15

Fair Labor Standards Act claims, and only those claims, for the prospective members of the

16

collective action for an additional 14 days to October 19, 2016; and (4) the hearing on Plaintiffs’

17

Motion be set for November 16, 2016, at 2:00 p.m., or as soon thereafter as the Court is available.

18

Dated: October 5, 2016

JACKSON LEWIS P.C.

19
20

By:

21
22
23
24

Dated: October 5, 2016

/s/ Douglas G.A. Johnston
Fraser A. McAlpine
Douglas G.A. Johnston
Attorneys for Defendant
TVI, INC. d/b/a SAVERS and VALUE
VILLAGE; and SAVERS, LLC

OUTTEN & GOLDEN LLP

25
26
By:
27

/s/ Jahan C. Sagafi
Jahan C. Sagafi
Attorneys for Plaintiffs

28
2
JOINT STIP. TO EXTEND TIME RE: OPPO.
AND REPLY TO MOTION FOR COND. CERT.

Case No. 3:16-cv-02874-WHO

1
2

CERTIFICATION OF CONCURRENCE FROM ALL SIGNATORIES
I, Douglas G.A. Johnston, am the ECF user whose ID and password are being used

3

to file this Joint Stipulation Regarding the Extension of Time to Oppose and Reply to Plaintiff’s

4

Motion for Conditional Certification. In compliance with N.D. Cal. Civ. L.R. 5-1(i)(3), I hereby

5

attest that I have obtained the concurrence of each signatory to this document and have obtained

6

authorization to use their electronic signature to sign this document.

7
8

Dated: October 5, 2016

JACKSON LEWIS P.C.

9
10

By:

11

/s/ Douglas G.A. Johnston
Douglas G.A. Johnston

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
JOINT STIP. TO EXTEND TIME RE: OPPO.
AND REPLY TO MOTION FOR COND. CERT.

Case No. 3:16-cv-02874-WHO

1

Having considered the above stipulation by the parties, the Court Orders as follows:

2

1) Defendants shall file their opposition to Plaintiffs’ Motion for Conditional Certification no

3

later than October 19, 2016; (2) Plaintiffs shall file their reply to Plaintiffs’ Motion for

4

Conditional Certification no later than November 2, 2016; (3) the Fair Labor Standards Act

5

claims, and only those claims, for the prospective members of the collective action for an

6

additional 14 days to October 19, 2016; and (4) the hearing on Plaintiffs’ Motion be set for

7

November 16, 2016, at 2:00 p.m., or as soon thereafter as the Court is available.
November 30, 2016

8
9

IT IS SO ORDERED

10
11

14
Date: October ____, 2016
THE HONORABLE WILLIAM ORRICK
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
JOINT STIP. TO EXTEND TIME RE: OPPO.
AND REPLY TO MOTION FOR COND. CERT.

Case No. 3:16-cv-02874-WHO