Keilholtz et al v. Superior Fireplace Company et al

Filing 257

ORDER re 255 Granting Stipulation re Case Management. Further Case Management Conference set for 10/21/2010 02:00 PM. Jury Trial set for 1/24/2011 08:30 AM. Motion Hearing set for 10/21/2010 02:00 PM. Pretrial Conference set for 1/11/2011 02:00 PM. Signed by Judge Claudia Wilken on 04/21/2010. (scc, COURT STAFF) (Filed on 4/21/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Clayeo C. Arnold, SBN 65070 Kirk J. Wolden, SBN 138902 CLAYEO C. ARNOLD A PROFESSIONAL CORPORATION 865 Howe Avenue, Suite 300 Sacramento, CA 95825 Telephone: (916) 924-3100 Facsimile: (916) 924-1829 Email: kwolden@justice4you.com Ernest Cory (ASB-2279-Y83E) F. Jerome Tapley (ASB-0583-A56T) Hirlye R. "Ryan" Lutz, III (ASB-6641-E59L) CORY WATSON CROWDER & DEGARIS, P.C. 2131 Magnolia Avenue Birmingham, AL 35205 Telephone: (205) 328-2200 Facsimile: (205) 324-7896 Email: ecory@cwcd.com;jtapley@cwcd.com; rlutz@cwcd.com Michael F. Ram (SBN 104805) mram@ramolson.com RAM & OLSON, LLP 555 Montgomery Street, Suite 820 San Francisco, CA 94111 Telephone: (415) 433-4949 Facsimile: (415) 433-7311 Attorneys for Plaintiffs and the National Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION) KIRK KEILHOLTZ and KOLLEEN KEILHOLTZ for themselves and on behalf of those similarly situated, Plaintiffs, vs. SUPERIOR FIREPLACE COMPANY; LENNOX HEARTH PRODUCTS, INC.; LENNOX INTERNATIONAL, INC. and DOES 1 through 25, Inclusive; Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1 Case No.: 4:08-CV-00836CW AMENDED STIPULATION AND PROPOSED ORDER RE CASE MANAGEMENT AS MODIFIED Amended Stip and Proposed Order re Case Management 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties, through their counsel, submit the following stipulation and proposed order to modify the Court's Minute Order and Case Management Order dated May 17, 2009, as amended by the Court on February 23, 2010:. WHEREAS, in light of the Court's February 16, 2010 Order on class certification and the work necessary to diligently prepare for trial, and to afford the parties the opportunity to attempt to resolve this matter prior to the sending of class notice, the parties agree that certain deadlines in the Court's Case Management Order should be modified and that the trial should be continued as specified below. Based upon the stipulation of the parties AND GOOD CAUSE APPEARING THEREFORE, the deadlines set forth in the Court's Minute Order and Case Management Order entered on May 23, 2009, as amended by the Court on February 23, 2010, are hereby amended as follows: The parties will submit a further Stipulation and Proposed Order for appointment of an agreed mediator no later than April 21, 2010. If the parties can not agree on a mediator by this date the Court shall appoint the mediator. Parties to hold initial mediation session with appointed mediator by: June 16, 2010 Disclosure of identities and reports of expert witnesses Initial: Rebuttal: Hearing date for all dispositive motions: Completion of fact discovery: Completion of expert discovery: Final Pre-Trial Conference: 10 day Jury Trial: October 1, 2010 November 1, 2010 October 21, 2010 November 15, 2010 December 15, 2010 January 11, 2011 January 24, 2010 2011 Amended Stip and Proposed Order re Case Management 2 1 2 3 4 5 6 7 8 9 10 IT IS SO ORDERED, Dated:______21/___0 _______ 4/ __ 201_ ____________________________________ JUDGE CLAUDIA WILKEN SO STIPULATED AND AGREED: Date: April ____, 2010 CLAYEO C. ARNOLD A Professional Law Corporation By: __________________________ Kirk J. Wolden Attorney for the National Class McKOOL SMITH, P.C. 11 Date: April ____, 2010 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Amended Stip and Proposed Order re Case Management By: __________________________ Robert Elkin Attorney for Defendants 3

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