Gilhuly v. KMART Corporation

Filing 38

STIPULATION AND ORDER CONTINUING CLASS CERTIFICATION BRIEFING SCHEDULE re 36 Stipulation filed by Michael Gilhuly. Signed by Judge Phyllis J. Hamilton on 5/10/11. (nah, COURT STAFF) (Filed on 5/10/2011)

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ATTORNEY’S AT LAW
THE WACHOVIA TOWER
1970 BROADWAY, NINTH FLOOR
OAKLAND, CA 94612
TEL: [phone]

SCOTT COLE & ASSOCIATES, APC

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Matthew R. Bainer, Esq. (S.B. #220972)
Molly A. DeSario, Esq. (S.B. #230763)
SCOTT COLE & ASSOCIATES, APC
1970 Broadway, Ninth Floor
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Web: www.scalaw.com
Attorneys for Representative Plaintiff
and the Plaintiff Class
Gayle M. Athanacio (S.B. #130068)
Virginia K. Young (S.B. #174384)
Sharon Rossi (S.B. # 232725)
SNR DENTON US LLP
525 Market Street, 26th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
KMART CORPORATION

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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MICHAEL GILHULY, individually,
and on behalf of all others similarly
situated,

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Plaintiffs,

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vs.

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KMART CORPORATION, and DOES
1 through 100, inclusive,

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Defendants

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Case No. 4:10-cv-0360-PJH
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
CONTINUING CLASS CERTIFICATION
BRIEFING SCHEDULE AS MODIFIED
Date: Not Applicable
Time: Not Applicable
Dept.: Courtroom 3, 3rd Floor
Judge: Hon. Phyllis J. Hamilton

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Plaintiff Michael Gilhuly (“Plaintiff”) and Defendant Kmart Corporation (“Defendant”), by
and through their respective counsel of record named herein, hereby stipulate as follows:
-1Stipulation and [Proposed] Order Continuing Class Certification Briefing Schedule

WHEREAS, prior to the May 6, 2010 Initial Case Management Conference, the parties

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agreed to attend private mediation;

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WHEREAS, this Court set the following deadlines regarding class certification at the May 6,

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2010 Initial Case Management Conference: discovery regarding class certification, May 6, 2011;

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Motion for Class Certification, August 1, 2011; Opposition to the Motion for Class Certification,

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September 14, 2011; Reply to Motion for Class Certification, October 5, 2011; and, the hearing on

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the Motion for Class Certification, October 26, 2011 at 9:00 a.m. (see Dckt No. 20);
WHEREAS, the parties intended to complete the mediation session by October 4, 2010 (see

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Dckt. No. 25);
WHEREAS, the parties informally agreed to postpone resolution of outstanding discovery

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disputes until after the mediation session;

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ATTORNEY’S AT LAW
THE WACHOVIA TOWER
1970 BROADWAY, NINTH FLOOR
OAKLAND, CA 94612
TEL: [phone]

SCOTT COLE & ASSOCIATES, APC

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WHEREAS, unforeseen circumstances delayed the mediation session until January 7, 2011;

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WHEREAS, the parties failed to resolve this matter at the January 7, 2011 mediation session

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or during approximately two months of subsequent negotiations;
WHEREAS, there have been no prior modifications to the class certification briefing

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schedule or the class certification discovery cutoff date; and

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WHEREAS, the parties have not yet completed class certification related discovery;

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THEREFORE, the parties, through their undersigned respective counsel, stipulate and

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request that the Court hereby continue the class certification briefing schedule as follows:

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Motion for Class Certification due:

January 11, 2012;

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Opposition to Motion for Class Certification due:

February 24, 2012;

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Reply to Opposition to Motion for Class Certification due:

March 16, 2012; and

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Class Certification Discovery Cutoff Date:

March 15, 2012.

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Hearing on Motion for Class Certification:

To be set by the Court

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IT IS SO STIPULATED.

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-2Stipulation and [Proposed] Order Continuing Class Certification Briefing Schedule

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Dated: May 6, 2011

SCOTT COLE & ASSOCIATES, APC

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By:

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/s/ Molly A. DeSario
Molly A. DeSario, Esq.
Attorneys for Representative Plaintiff
and the Plaintiff Class

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Dated: May 6, 2011

SNR DENTON US LLP

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/s/Gayle M. Athanacio
Gayle M. Athanacio, Esq.
Attorneys for Defendant
KMART CORPORATION

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ATTORNEY’S AT LAW
THE WACHOVIA TOWER
1970 BROADWAY, NINTH FLOOR
OAKLAND, CA 94612
TEL: [phone]

SCOTT COLE & ASSOCIATES, APC

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By:

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-3Stipulation and [Proposed] Order Continuing Class Certification Briefing Schedule

[PROPOSED] ORDER

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IT IS HEREBY ORDERED that:
The Class Certification briefing schedule is hereby continued as follows:

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Motion for Class Certification due:

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Opposition to Motion for Class Certification due:

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Reply to Opposition to Motion for Class Certification due:

January 11, 2012;
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February 24, 2012;
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March 16, 2012;

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Class Certification Discovery Cutoff Date:

March 15, 2012; and,

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Hearing on Motion for Class Certification:

April 11

, 2012

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For good cause shown, PURSUANT TO STIPULATION, IT IS SO ORDERED.

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hyllis
Judge P

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United States District Judge

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S DISTRICT
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The Hon. Phyllis J. Hamilton
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Dated: May 10, 2011

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ATTORNEY’S AT LAW
THE WACHOVIA TOWER
1970 BROADWAY, NINTH FLOOR
OAKLAND, CA 94612
TEL: [phone]

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SCOTT COLE & ASSOCIATES, APC

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-4Stipulation and [Proposed] Order Continuing Class Certification Briefing Schedule