Hill v. R + L Carriers Inc

Filing 211

ORDER re 206 Granting Stipulation SHORTENTING TIME. Signed by Judge Claudia Wilken on 9/28/2010. (ndr, COURT STAFF) (Filed on 9/28/2010)

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Hill v. R + L Carriers Inc Doc. 211 1 LEWIS BRISBOIS BISGAARD & SMITH LLP 2 3 4 5 6 7 CHARLES O. THOMPSON, SB# 139841 Email thompsonc@lbbslaw.com JAMES Y. WU, SB# 213090 Email wu@lbbslaw.com JILL V. CARTWRIGHT, SB# 260519 Email cartwright@lbbslaw.com One Sansome Street, Suite 1400 San Francisco, CA 94104 Telephone: (415) 362-2580 Facsimile: (415) 434-0882 Attorneys for Defendants R+L CARRIERS, INC., and R+L CARRIERS SHARED SERVICES, LLC THOMPSON HINE LLP 8 ANTHONY C. WHITE, ESQ. (admitted pro hac vice) 9 O. JUDSON SCHEAF, III, ESQ. (admitted pro hac vice) 10 STEPHANIE M. CHMIEL, ESQ. (admitted pro hac vice) 11 41 South High Street, Suite 1700 12 Telephone: (614) 469-3200 Facsimile: (614) 469-3361 Columbus, OH 43215-6101 Email stephanie.chmiel@thompsonhine.com Email jud.scheaf@thomsonhine.com Email tony.white@thompsonhine.com 13 Of Counsel for Defendant R+L CARRIERS SHARED SERVICES, LLC 14 DEUTSCH KERRIGAN & STILES, LLP 15 ELLIS B. MUROV, ESQ. (admitted pro hac vice) Email emurov@dkslaw.com 755 Magazine Street 16 New Orleans, LA 70130 Telephone: (504) 581-5141 17 Facsimile: (504) 566-4055 Of Counsel for Defendant R+L CARRIERS SHARED SERVICES, LLC 18 19 20 21 22 23 24 25 26 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION GLENN HILL, and all other similarly situated, v. Plaintiff(s), CASE NO. C09-01907 CW MEJ STIPULATION FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE THE DECERTIFICATION R+L CARRIERS, INC., a corporation; R+L CARRIERS SHARED SERVICES, LLC, a HEARING corporation; Defendants. 27 /// LEWI S 28 4840-1106-0231.1 BRISBOI S BISGAAR C09-01907 CW MEJ 1 STIPULATION FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE THE DECERTIFICATION HEARING Dockets.Justia.com 1 Pursuant to Civil Local Rules 6-2 and 7-12, the parties respectfully submit this stipulated 2 request for an order shortening time to notice and brief Defendant R+L Carriers Shared Services, 3 4 5 6 7 Continue at 2:00 p.m. on October 7, 2010. The parties propose that Plaintiff's Opposition to R+L's Motion to Continue be filed and served on or before October 1, 2010, and that R+L's Reply LLC's ("R+L") Motion to Continue the Decertification Hearing (the "Motion to Continue") (filed concurrently herewith). The parties stipulate and request this Court to hear R+L's Motion to 8 brief be filed and served on or before October 5, 2010. 9 1. For the reasons stated in the following Declaration of James Y. Wu, and based on 10 the impending hearing on class certification/decertification, and in further consideration of the fact 11 12 13 14 that the parties have stipulated to shorten time to hear the Motion To Continue, the parties respectfully assert that good cause exists for the Court to grant this stipulated request to shorten notice. 15 Dated: September 27, 2010 16 17 18 19 20 21 22 23 24 25 26 27 /s/ James Y. Wu CHARLES O. THOMPSON JAMES Y. WU Attorneys for Defendant R+L CARRIERS SHARED SERVICES, LLC /s/ Robert Nelson ROBERT NELSON, ESQ. NELSON LAW GROUP Counsel for Plaintiffs GLENN HILL and all others similarly situated In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. /s/ Robert Nelson ROBERT NELSON, ESQ. NELSON LAW GROUP Counsel for Plaintiffs GLENN HILL and all others similarly situated 4840-1106-0231.1 LEWI S 28 BRISBOI S BISGAAR C09-01907 CW MEJ 2 STIPULATION FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE THE DECERTIFICATION HEARING 1 2 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. The parties' stipulated 3 request for an order shortening time to notice Defendant's Motion To Continue the Decertification 4 Hearing is granted. Plaintiff's Opposition to the Motion shall be filed and served on or before 5 October 1, 2010. Defendant's Reply in support of the Motion shall be filed and served on or 6 before October 5, 2010. The Motion to Continue will be decided on the papers. 7 8 Dated: 9/28/2010 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 By:_____________________________ Hon. Claudia Wilken United States District Court Judge LEWI S 28 4840-1106-0231.1 BRISBOI S BISGAAR C09-01907 CW MEJ 3 STIPULATION FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE THE DECERTIFICATION HEARING 1 2 3 DECLARATION OF JAMES Y. WU I, JAMES Y. WU, declare: 1. I am an attorney-at-law admitted to practice in the State of California and before 4 this Court, and am a partner in the law firm of Lewis Brisbois Bisgaard & Smith LLP, counsel for 5 Defendant and R+L CARRIERS SHARED SERVICES, LLC ("R+L") in this matter. The 6 following information is true and correct and based upon my own personal knowledge, 7 information or belief, and if called upon as a witness, I could and would competently testify 8 thereto. 9 10 11 12 13 14 October 28, 2010. 3. Pursuant to Civil Local Rule 7-2 a regularly noticed motion to continue the 2. At a Case Management Conference on June 8, 2010, this Court set a December 2, 2010 hearing date for the parties' motions to certify and decertify the class. (Dkt. # 115). Based on the December 2, 2010 hearing date, the parties' moving papers are currently due on or before 15 December 2, 2010 hearing date requires at least 35-days of notice before the hearing on such 16 motion can be heard. 17 18 19 20 21 22 4. Unless the Court grants the parties' stipulated request to shorten time to hear the Motion to Continue, R+L will be forced to seek a continuance through a regularly noticed motion which would not be heard and decided until after the current deadline of October 28, 2010, to file initial papers regarding class certification/decertification. 5. Thus, the parties request this Court to hear R+L's Motion to Continue at 2:00 p.m., 23 on October 7, 2010. The parties propose that Plaintiff's Opposition to R+L's Motion to Continue 24 be filed and served on or before October 1, 2010, and that R+L's Reply brief be filed and served 25 on or before October 5, 2010. 26 27 /// /// 4840-1106-0231.1 LEWI S 28 BRISBOI S BISGAAR C09-01907 CW MEJ 4 STIPULATION FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE THE DECERTIFICATION HEARING 1 2 3 4 5 6 7 8 9 10 11 12 13 14 6. There have been three prior time modifications in this case: a. August 28, 2009: This Court granted a stipulated continuance for Defendant R+L Carriers, Inc. to file its Motion To Dismiss For Lack of Personal Jurisdiction. (Dkt. #21). b. October 6, 2009: This Court granted a stipulated continuance of the hearing date of Defendant R+L Carrier's, Inc.'s Motion To Dismiss. (Dkt. # 33). The Court ultimately granted the Motion to Dismiss on November 9, 2009 (Dkt. # 46). c. April 23, 2010: This Court granted the parties' joint administrative motion to reschedule a Case Management Conference. (Dkt. # 113). 7. On September 22, 2010, Magistrate Judge James ("Judge James") held that R+L is entitled to production of declarations executed by the Plaintiffs (the "Declarations") as well as 15 individualized discovery. (Dkt. # 203). However, because decertification briefing is scheduled 16 for October 28, 2010, Judge James determined that R+L was only permitted to take fifteen 17 depositions in advance of the decertification briefing deadline on October 28, 2010. Id 18 19 20 21 22 23 8. If this stipulated request is granted, and if the Motion to Continue is also granted, the parties will be able to better comply with Judge James' Order concerning individualized discovery and R+L will be provided a more fair and full opportunity to conduct the discovery to which it is entitled. 9. The stipulated shortened briefing schedule will not impact the schedule of the case. 24 However, if R+L's underlying Motion to Continue is granted, the deadlines set forth in the Court's 25 Scheduling Order will be modified in accordance with the revised decertification briefing and 26 27 hearing schedule. LEWI S 28 4840-1106-0231.1 BRISBOI S BISGAAR C09-01907 CW MEJ 5 STIPULATION FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE THE DECERTIFICATION HEARING 1 I declare under penalty of perjury under the laws of the United States of America and the 2 State of California that the foregoing is true and correct. 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 Dated: September 24, 2010 JAMES Y. WU /s/ LEWI S 28 4840-1106-0231.1 BRISBOI S BISGAAR C09-01907 CW MEJ 6 STIPULATION FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE THE DECERTIFICATION HEARING

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