Neu v. Terminix International, Inc. et al

Filing 86

ORDER re 85 GRANTING AS MODIFIED Regarding Case Management Deadlines. Further Case Management Conference set for 4/8/2010 02:00 PM. Class Certification Motion Hearing set for 4/8/2010 02:00 PM. Signed by Judge CLAUDIA WILKEN on 6/11/09. (scc, COURT STAFF) (Filed on 6/11/2009) Modified on 6/12/2009 (cjl, COURT STAFF).

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CHRISTOPHER J. BORDERS (SBN 135901) HINSHAW & CULBERTSON LLP One California Street, 18th Floor San Francisco, California 94111 Telephone: [phone] DAVID R. CREAGH (Admitted Pro Hac Vice) DAVID J. RICHARDS (Admitted Pro Hac Vice) STEVEN M. PUISZIS (Admitted Pro Hac Vice) CLIFFORD E. YUKNIS (Admitted Pro Hac Vice) HINSHAW & CULBERTSON LLP 222 North LaSalle Street, Suite 300 Chicago, Illinois 60601-1081 Telephone: [phone] Attorneys for Defendants TERMINIX INTERNATIONAL, INC., ET AL. H. TIM HOFFMAN, ESQ. (SBN 49141) HOFFMAN & LAZEAR 180 Grand Avenue, Suite 1550 Oakland, California 94612 Telephone: [phone] Attorney for Plaintiff BARBARA NEU UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BARBARA NEU on behalf of herself and all others similarly situated, ) ) ) ) Plaintiff, ) ) ) vs. ) ) TERMINIX INTERNATIONAL, INC., THE ) TERMINIX INTERNATIONAL COMPANY, ) THE SERVICEMASTER COMPANY, ) SERVICEMASTER CONSUMER SERVICES, ) SERVICEMASTER CONSUMER SERVICES ) LIMITED PARTNERSHIP, ) ) ) Defendants. ) ) Case No.: C 07-06472-CW STIPULATION AND ORDER AS MODIFIED REGARDING CASE MANAGEMENT DEADLINES

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STIPULATION AND PROPOSED ORDER Case No. C 07-06472 CW
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Plaintiff, BARBARA NEU, on behalf of herself and all others similarly situated ("Plaintiff"), and Defendants, TERMINIX INTERNATIONAL, INC., THE TERMINIX INTERNATIONAL COMPANY, THE SERVICEMASTER COMPANY, SERVICEMASTER CONSUMER SERVICES, INC., and SERVICEMASTER CONSUMER SERVICES LIMITED PARTNERSHIP ("Defendants"), hereby agree and stipulate to amending the Court's Case Management Order deadlines as follows: 1. On May 5, 2008, this Court amended certain Case Management deadlines and the hearing date for the Plaintiff's motion regarding class certification in this matter, including setting the date for completing the inspection of the Neu property and plaintiff's deposition for June 5, 2009. 2. The parties are currently exploring the possibility of settlement and would like to avoid incurring further litigation expenses while settlement is being considered. Accordingly, the parties propose further amending the case management deadlines and hearing date for the plaintiff's class certification motion to allow the parties more time to discuss settlement. 3. The parties stipulate to the following amended discovery schedule: Complete inspection of Neu property and Plaintiff's deposition: Disclosure of identities and reports of expert witnesses: Plaintiff disclose: October 15, 2009 Depose before: November 15, 2009 Defendant disclose: December 15, 2009 Depose before: January 15, 2010 Completion of Fact Discovery: Class certification motion filed by Plaintiff: Opposition to motion filed by Defendants: Reply filed by Plaintiff: Court Hearing on motion: January 15, 2010 February 4, 2010 March 4, 2010 March 18, 2010 April 1, 2010, 2:00 p.m. September 11, 2009

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STIPULATION AND PROPOSED ORDER Case No. C 07-06472 CW
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WHEREFORE, the parties respectfully request this Honorable Court to enter an Order granting this Motion and revising the discovery schedule in accordance with the parties' agreement as set forth herein.

DATED: June 5, 2009

HINSHAW & CULBERTSON LLP /s/ Christopher J. Borders CHRISTOPHER J. BORDERS Attorneys for Defendants TERMINIX INTERNATIONAL, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP (erroneously sued herein as The Terminix International Company), THE SERVICEMASTER COMPANY, SERVICEMASTER CONSUMER SERVICES, and SERVICEMASTER CONSUMER SERVICES LIMITED PARTNERSHIP

DATED: June 5, 2009

HOFFMAN & LAZEAR /s/ H. Tim Hoffman H. TIM HOFFMAN, ESQ. Attorney for Plaintiff BARBARA NEU

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STIPULATION AND PROPOSED ORDER Case No. C 07-06472 CW
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ORDER Upon stipulation of the parties hereto, IT IS HEREBY ORDERED THAT the Court's Case Management Order is amended to adopt the foregoing stipulated revised deadlines and hearing date, EXCEPT THAT THE HEARING AND FCMC WILL BE HELD ON APRIL 8, 2010, AT 2:00 P.M.

_________________________________________ THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND PROPOSED ORDER Case No. C 07-06472 CW
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