Keilholtz et al v. Superior Fireplace Company et al

Filing 120

ORDER re 118 granting STIPULATION Setting New Briefing and Hearing Schedule on Class Certification Motion. Class Certification Motion Hearing set for 11/12/2009 02:00 PM.. Signed by Judge Claudia Wilken on 7/21/09. (scc, COURT STAFF) (Filed on 7/21/2009)

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DOWNEY BRAND LLP WILLIAM R. WARNE (Bar No. 141280) MICHAEL J. THOMAS (Bar No. 172326) MEGHAN M. BAKER (Bar No. 243765) 621 Capitol Mall, 18th Floor Sacramento, CA 95814-4731 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendants LENNOX HEARTH PRODUCTS INC.; LENNOX INTERNATIONAL INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

KIRK KEILHOLTZ and KOLLEEN KEILHOLTZ for themselves and on behalf of those similarly situated, Plaintiffs, v. LENNOX HEARTH PRODUCTS INC.; LENNOX INTERNATIONAL INC. and DOES 1 through 25, Inclusive, Defendants.

Case No. 4:08-cv-00836-CW (JCS) STIPULATION AND ORDER SETTING NEW BRIEFING AND HEARING SCHEDULE ON CLASS CERTIFICATION MOTION

TO THE COURT AND ALL ATTORNEYS OF RECORD: By and through their counsel of record, Defendants Lennox Hearth Products Inc. and Lennox International Inc. ("Defendants"), and Plaintiffs Kirk Keilholtz and Kolleen Keilholtz ("Plaintiffs"), hereby stipulate as follows: 1. At the Status (Pre-Trial Scheduling) Conference conducted on May 14, 2009, and

as confirmed in the Minute Order issued on May 21, 2009, the court ordered that any hearing on class certification and subject matter jurisdiction issues would be conducted on Thursday, October 8, 2009, at 2:00 p.m. The court ordered the following briefing schedule to address these issues:
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STIPULATION AND ORDER

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/// Party Plaintiffs Defendants Filing Motion for Class Certification Opposition to Motion for Class Certification and Cross-Motion Addressing Class Certification and Subject Matter Jurisdiction ("Cross-Motion") Reply in Support of Motion for Certification and Opposition to Cross-Motion Surreply Deadline July 31, 2009 August 28, 2009

Plaintiffs Defendants 2.

September 11, 2009 September 25, 2009

Plaintiffs and Defendants have agreed, and hereby stipulate, to extend the hearing

date and briefing schedule on the Motion for Class Certification and Cross-Motion by approximately one month. Specifically, the stipulation proposes that the court, subject to its availability, reschedule the hearing on the Motion for Class Certification and Cross-Motion for Thursday, November 12, 2009, at 2:00 p.m., with the following revised briefing schedule: Party Plaintiffs Defendants Plaintiffs Defendants 3. Filing Motion for Class Certification Opposition to Motion for Class Certification and Cross-Motion Reply in Support of Motion for Certification and Opposition to Cross-Motion Surreply Deadline August 28, 2009 September 28, 2009 October 12, 2009 October 26, 2009

Defendants requested this extension after discussion of defense scheduling

conflicts. Specifically, Defendants advised Plaintiffs that lead defense counsel, William Warne, will begin a four-week jury trial in Stanislaus Superior court on August 4, 2009 which will greatly impact his ability to participate in the briefing on the Motion for Class Certification and CounterMotion. In addition, Defendants will file (on July 9, 2009), a motion to dismiss Plaintiffs' Second Amended Complaint. Under the current briefing schedule, this motion would not be resolved until after Plaintiffs are required to file their Motion for Class Certification. Finally, the brief
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STIPULATION AND ORDER

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/// extension will facilitate the parties' efforts to informally resolve discovery issues which may impact certification briefing. 4. Defendants note that their counsel Megan Baker, who will participate significantly

in Defendants' class action briefing, will be unavailable due to maternity leave from October 30, 2009, through March 1, 2010.

IT IS HEREBY STIPULATED:

DATED: July 10, 2009

DOWNEY BRAND LLP By: /s/ Meghan M. Baker MEGHAN M. BAKER Attorney for Defendants LENNOX HEARTH PRODUCTS INC. and LENNOX INTERNATIONAL INC.

DATED: July 10, 2009

ARNOLD LAW FIRM

By: /s/ Kirk J. Wolden (as authorized on 7/9/2009) KIRK J. WOLDEN Attorney for Plaintiffs KIRK KEILHOLTZ and KOLLEEN KEILHOLTZ for themselves and on behalf of those similarly situated

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IT IS SO ORDERED: The court, having considered the Stipulation of the parties and good cause appearing, hereby orders that the Motion for Class Certification and Cross-Motion be heard on Thursday, November 12, 2009, at 2:00 p.m. in Courtroom 2, before the Honorable Claudia Wilken. The court hereby orders the following briefing schedule on the Motion for Class Certification and Cross-Motion:

Party Plaintiffs Defendants

Filing Motion for Class Certification Opposition to Motion for Class Certification; Cross-Motion on Class Certification and Subject Matter Jurisdiction ("Cross-Motion") Reply in Support of Motion for Certification and Opposition to Cross-Motion Surreply

Deadline August 28, 2009 September 28, 2009

Plaintiffs Defendants 7/21/09

October 12, 2009 October 26, 2009

Dated: __________________

By: HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE, NORTHERN DISTRICT OF CALIFORNIA

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