Gluck et al v. A Place For Mom

Filing 43

STIPULATION AND ORDER CONTINUING CLASS CERTIFICATION MOTION FILING DEADLINE re 42 Stipulation filed by A Place For Mom. Signed by Judge Phyllis J. Hamilton on 5/15/09. (nah, COURT STAFF) (Filed on 5/15/2009)

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René L. Barge, Esq. ­ State Bar No.182317 Katherine J. Odenbreit ­ State Bar No. 184619 CLASS ACTION LITIGATION GROUP, APC 11111 Santa Monica Boulevard, Suite 1000 Los Angeles, California 90025-3344 Telephone: [phone] Facsimile: 310-481-9854 E-mail: [e-mail] [e-mail] Lee Feldman, Esq. ­ State Bar No. 171268 THE FELDMAN LAW FIRM, APC 10100 Santa Monica Blvd,., Suite 2490 Los Angeles, CA 90067 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiffs, WILLIAM ALAN GLUCK, MONA SANCHEZ AND JANI BIELENBERG, individually and on behalf of all employees similarly situated UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA WILLIAM ALAN GLUCK, MONA ) SANCHEZ and JANI BIELENBERG, ) individually and on behalf of all employees ) similarly situated, ) ) Plaintiffs, ) ) vs. ) ) A PLACE FOR MOM, a Washington ) corporation; and does 1 to 100, inclusive. ) ) Defendants. ) ) ) ) ) Case No.: CV 08-00030 PJH CLASS ACTION
STIPULATION FOR ORDER CONTINUING CLASS CERTIFICATION MOTION FILING DEADLINE; PROPOSED ORDER

Complaint Filed: November 21, 2007 Date of Removal: January 3, 2008

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Stipulation Continuing Deadline For Class Certification Motion Filing

CV08-00030 PJH

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TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: STIPULATION Plaintiffs WILLIAM ALAN GLUCK, MONA SANCHEZ AND JANI BIELENBERG, individually and on behalf of others similarly situated ("Plaintiffs"), and Defendant, A PLACE FOR MOM ("Defendant") (collectively the "Parties") hereby stipulate as follows: WHEREAS, this case was commenced on November 21, 2007 in the Superior Court of California, County of Alameda, alleging various wage-and-hour law violations under the FLSA and the California Labor Code and thereafter on January 3, 2008, Defendants removed the action to this Court, and filed their Answer. WHEREAS, the Complaint alleges both a nationwide "opt-in class" for claims under the FLSA and a California state-wide "opt-out class" for claims under the California state laws. WHEREAS, under the FLSA, a putative class member must affirmatively opt in to a pending action to become a member of the class. WHEREAS, on January 29, 2009, the Court, pursuant to stipulation, approved a Notice under 29 U.S.C. § 216(b) and set a deadline of March 24, 2009 for putative class members to opt-in to the pending FLSA action. WHEREAS, on April 10, 2009, the parties mediated this case before Honorable William J. Cahill (Ret.). That mediation was productive, but not yet successful. WHEREAS, the parties have agreed that they need to take depositions of representative plaintiffs and certain employees of defendant before resuming settlement efforts. WHEREAS, the parties intend to re-engage in settlement efforts after conducting such depositions WHEREAS, the Court had previously set a deadline for plaintiffs to file the motion for class certification of June 30, 2009 which is prior to the time the parties will be able to take the necessary depositions and resume their negotiations. 2
Stipulation Continuing Deadline For Class Certification Motion Filing

CV08-00030 PJH

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WHEREAS, the parties continue to believe that they should exhaust settlement efforts before undertaking the expense and time, as well as the use of this Court's resources, of contested class certification proceedings. THEREFORE, the Parties have agreed, subject to the Court's approval that: 1. The Court continue the deadline for Plaintiffs to file their class certification motions from June 30, 2009 to October 30, 2009 in the event the parties do not settle, so that the parties have the opportunity to pursue further class certification discovery.
SO STIPULATED:

Dated: May 12, 2009

CLASS ACTION LITIGATION GROUP, APC By: __/s Rene L. Barge________________ Rene L. Bargé Attorneys for Plaintiffs WILLIAM ALAN GLUCK, MONA SANCHEZ, and JANI BIELENBERG, individually and on behalf of all employees similarly situated

Dated: May 12, 2009

THE FELDMAN LAW FIRM, APC By: __/s Lee Feldman___________________ Lee R. Feldman Attorneys for Plaintiffs WILLIAM ALAN GLUCK, MONA SANCHEZ, and JANI BIELENBERG, individually and on behalf of all employees similarly situated

Dated: May 12, 2009

KERR & WAGSTAFFE, LLP By: __/s Michael von Loewenfeldt____ Michael von Loewenfeldt Attorneys for Defendant, A PLACE FOR MOM, INC. 3

Stipulation Continuing Deadline For Class Certification Motion Filing

CV08-00030 PJH

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5/15/09 Dated: _________________

ORDER

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that:
1. The Court continues the deadline for Plaintiffs to file their class certification motions from June 30, 2009 to October 30, 2009. IT IS SO ORDERED:

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Stipulation Continuing Deadline For Class Certification Motion Filing

CV08-00030 PJH

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S DISTRICT TE C TA ___________________________________ Hon. Phyllis J. Hamilton ERED O ORD SStates District Court United IT IS

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W KERR ­­­­­ & ­­­­­
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I, Michael von Loewenfeldt, am the ECF User whose ID and password are being used to file this STIPULATION FOR ORDER CONTINUING CLASS CERTIFICATION MOTION FILING DEADLINE; PROPOSED ORDER. In compliance with General Order 45, X.B., I hereby attest that Rene L. Barge and Lee Feldman, co-lead counsel for plaintiffs, have concurred in this filing.

DATED: May 12, 2009

KERR & WAGSTAFFE LLP By ______/s/________________________________ MICHAEL VON LOEWENFELDT Attorneys for Plaintiffs

AGSTAFFE

CASE NO. CV 08-00030 PJH

STIP. FOR ORDER CONTINUING CLASS CERT. MTN. FILING DEADLINE; PROPOSED ORDER