Ashley Armstrong v. Concentrix Corporation

Filing 29

ORDER granting 28 Stipulation to Extend Time. Reset Deadlines as to 15 MOTION to Certify Class. Response due by 11/4/2016. Reply due by 11/14/2016. Motion Hearing set for 12/7/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 10/17/2016. (jmdS, COURT STAFF) (Filed on 10/17/2016)

Download PDF
1 2 3 4 5 6 RONALD A. PETERS, Bar No. 169895 RPeters@littler.com ELISA NADEAU, Bar No. 199000 ENadeau@littler.com LITTLER MENDELSON, P.C. 50 West San Fernando Street, 15th Floor San Jose, CA 95113 Telephone: 408.998.4150 Fax No.: 408.288.5686 Attorneys for Defendant CONCENTRIX CORPORATION 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 ASHLEY ARMSTRONG, individually and on behalf of all others similarly situated, 13 14 15 16 17 Plaintiffs, v. CONCENTRIX CORPORATION, a New York corporation, Case No. 3:16-cv-05363-WHO STIPULATION TO EXTEND TIME FOR DEFENDANT CONCENTRIX CORPORATION TO FILE OPPOSITION TO PLAINTIFF’S MOTION FOR CONDITIONAL FLSA COLLECTIVE ACTION CERTIFICATION AND ISSUANCE OF NOTICE PURSUANT TO 29 U.S.C. § 216(b); [PROPOSED] ORDER Defendants. Assigned to the Honorable William H. Orrick 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 408.998.4150 STIPULATION TO EXTEND TIME FOR DEFENDANT CONCENTRIX CORPORATION TO FILE OPPOSITION TO PLAINTIFF’S MOTION FOR CONDITIONAL FLSA COLLECTIVE ACTION CERTIFICATION AND ISSUANCE OF NOTICE PURSUANT TO 29 U.S.C. § 216(b); [PROPOSED] ORDER 1 2 3 4 5 6 7 8 9 10 11 JAHAN C. SAGAFI (SBN 224887) jsagafi@outtengolden.com OUTTEN & GOLDEN LLP One Embarcadero Center, 38th Floor San Francisco, California 94111 Telephone: (415) 638-8800 Facsimile: (415) 638-8810 KEVIN J. STOOPS (pro hac vice) kstoops@sommerspc.com JESSE L. YOUNG (pro hac vice) jyoung@sommerspc.com SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, Michigan 48076 Telephone: (248) 355-0300 Facsimile: (248) 436-8453 Attorneys for Plaintiff and Proposed Class and Collective Members 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 408.998.4150 STIPULATION TO EXTEND TIME FOR DEFENDANT CONCENTRIX CORPORATION TO FILE OPPOSITION TO PLAINTIFF’S MOTION FOR CONDITIONAL FLSA COLLECTIVE ACTION CERTIFICATION AND ISSUANCE OF NOTICE PURSUANT TO 29 U.S.C. § 216(b); [PROPOSED] ORDER 1 2 Plaintiff ASHLEY ARMSTRONG (“Plaintiff”) and Defendant CONCENTRIX 3 CORPORATION (“Defendant”) (collectively referred to as the “Parties”), hereby submit the 4 following Stipulation and [Proposed] Order requesting an extension of the briefing schedule for 5 Plaintiffs’ Motion For Conditional FLSA Collective Action Certification And Issuance Of Notice 6 Pursuant To 29 U.S.C. § 216(b) based on the current pleadings. 7 WHEREAS, Plaintiff filed its Complaint on September 19, 2016 (“Complaint”); 8 WHEREAS, Defendant’s answer to Plaintiff’s Complaint is due on or before October 9 25, 2016; 10 WHEREAS, the Parties have met and conferred regarding the briefing schedule for 11 Plaintiff’s Motion For Conditional FLSA Collective Action Certification And Issuance Of Notice 12 Pursuant To 29 U.S.C. § 216(b), and good cause exists to extend the briefing schedule for Plaintiff’s 13 Motion pursuant to FRCP 6(b)(1) (A), due to a death in the family of defense counsel; 14 WHEREAS, the Parties have agreed to the following briefing schedule for Plaintiff’s 15 Class Certification Motion based on the current pleadings: 1) Defendant’s Opposition is due by 16 November 4, 2016; 2) Plaintiff’s Reply must be filed by November 14, 2016; and 3) the hearing on 17 class certification will remain on December 8, 2016; and 18 19 WHEREAS, this Stipulation is not entered into for purposes of delay or harassment, and the Parties would be significantly prejudiced if the Stipulation was not approved. 20 ACCORDINGLY, THE PARTIES HEREBY STIPULATE AND AGREE THAT: 1) 21 Defendant’s Opposition is now due by November 4, 2016; 2) Plaintiff’s Reply is now due by 22 November 14, 2016; and 3) the hearing on class certification will remain on December 8, 2016. 23 24 25 26 27 IT IS SO STIPULATED. Dated: October 17, 2016 /s/ Jahan C. Sagafi JAHAN C. SAGAFI OUTTEN & GOLDEN LLP Attorneys for Plaintiff and Proposed Class and Collective Members 28 2. LITTLER MENDELSON, P.C. 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 408.998.4150 STIPULATION TO EXTEND TIME FOR DEFENDANT CONCENTRIX CORPORATION TO FILE OPPOSITION TO PLAINTIFF’S MOTION FOR CONDITIONAL FLSA COLLECTIVE ACTION CERTIFICATION AND ISSUANCE OF NOTICE PURSUANT TO 29 U.S.C. § 216(b); [PROPOSED] ORDER 1 2 Dated: October 17, 2016 3 /s/ Kevin J. Stoops KEVIN J. STOOPS JESSE L. YOUNG SOMMERS SCHWARTZ, P.C. 4 5 6 Attorneys for Plaintiff and Proposed Class and Collective Members 7 8 Dated: October 17, 2016 9 /s/ Elisa Nadeau RONALD A. PETERS ELISA NADEAU LITTLER MENDELSON, P.C. 10 11 12 Attorneys for Defendant CONCENTRIX CORPORATION 13 14 15 16 17 18 19 Attestation re: Electronic Signatures I, ELISA NADEAU, attest pursuant to Northern District Local Rule 5-1(i)(3) that all other signatories to this document, on whose behalf this filing is submitted, concur in the filing’s content and have authorized this filing. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. 20 21 22 23 Dated: October 17, 2016 /s/ Elisa Nadeau ELISA NADEAU 24 25 26 27 28 3. LITTLER MENDELSON, P.C. 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 408.998.4150 STIPULATION TO EXTEND TIME FOR DEFENDANT CONCENTRIX CORPORATION TO FILE OPPOSITION TO PLAINTIFF’S MOTION FOR CONDITIONAL FLSA COLLECTIVE ACTION CERTIFICATION AND ISSUANCE OF NOTICE PURSUANT TO 29 U.S.C. § 216(b); [PROPOSED] ORDER 1 ORDER 2 3 PURSUANT TO STIPULATION, AS MODIFIEIED, IT IS HEREBY ORDERED AS 4 FOLLOWS: 5 1) Defendant’s Opposition must be filed by November 4, 2016; 6 2) Plaintiff’s Reply must be filed by November 14, 2016; and 7 3) The hearing on class certification will be set for December 7, 2016. 8 IT IS SO ORDERED. 9 Dated: October 17, 2016 10 11 HONORABLE WILLIAM ORRICK UNITED STATED DISTRICT COURT JUDGE 12 13 14 Firmwide:143396739.1 090222.1002 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. LITTLER MENDELSON, P.C. 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 408.998.4150 STIPULATION TO EXTEND TIME FOR DEFENDANT CONCENTRIX CORPORATION TO FILE OPPOSITION TO PLAINTIFF’S MOTION FOR CONDITIONAL FLSA COLLECTIVE ACTION CERTIFICATION AND ISSUANCE OF NOTICE PURSUANT TO 29 U.S.C. § 216(b); [PROPOSED] ORDER

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?