Helton et al v. Factor 5, Inc. et al
Filing
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STIPULATION AND ORDER, Set/Reset Deadlines as to 34 MOTION to Certify Class, 31 MOTION for Partial Summary Judgment. Responses due by 2/2/2012. Replies due by 2/16/2012.. Signed by Judge ARMSTRONG on 12/28/11. (lrc, COURT STAFF) (Filed on 12/28/2011)
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-814-0405 (t) 415-217-7011 (f)
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James Smith (SBN 190050)
Damien P. Lillis (SBN 191258)
Martin L. Pitha (SBN 192447)
SMITH LILLIS PITHA LLP
400 Montgomery Street, Suite 501
San Francisco, California 94104
Telephone: (415) 814-0405
Facsimile: (415) 217-7011
jsmith@slplawfirm.com
Attorneys for Plaintiffs
JESSE HELTON, ALISHA PICCIRILLO,
CHAD LOWE, individually and on behalf
of all others similarly situated
Malcolm Leader-Picone
BARTLETT, LEADER-PICONE &
YOUNG LLP
2201 Broadway, Suite 803
Oakland, CA 94612
Telephone: (510) 444-2404
Facsimile: (510) 444-1291
Attorneys for Defendants
JULIAN EGGEBRECHT, HOLGER SCHMIDT
and THOMAS ENGEL
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UNITED STATES DISTRICT COURT
400 Montgomery Street, Suite 501
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NORTHERN DISTRICT OF CALIFORNIA
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JESSE HELTON; ALISHA PICCIRILLO;
CHAD LOWE; individually and on behalf
of all others similarly situated,
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Case No. 4:10-cv-4927 SBA
STIPULATION AND XXXXXXXXXX
[PROPOSED]
ORDER FOR SCHEDULING
MATTERS RELATED TO PENDING
MOTIONS
Plaintiffs,
v.
FACTOR 5, INC.; FACTOR 5, LLC;
BLUHARVEST, LLC; WHITEHARVEST,
LLC; JULIAN EGGEBRECHT; HOLGER
SCHMIDT; THOMAS ENGEL; and DOES
1-100,
Defendants.
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Plaintiffs Jesse Helton, Alisha Piccirillo, and Chad Lowe (“Plaintiffs” ) and Defendants
WhiteHarvest, LLC, Julian Eggebrecht, Holger Schmidt, and Thomas Engel (collectively
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STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND RELATED MATTERS
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“Defendants”) hereby jointly apply, by way of stipulation, for an Order concerning a briefing
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schedule for (1) Defendants’ Motion for Summary Adjudication and related scheduling issues,
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and (2) Plaintiffs’ Motion for Collective Certification.
The individual Defendants’ filed their Motion for Summary Adjudication on October 20,
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2011. Defendant WhiteHarvest, LLC subsequently joined in the motion. The Motion for
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Summary Adjudication is scheduled for a hearing on March 6, 2012. Plaintiffs’ opposition to
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-814-0405 (t) 415-217-7011 (f)
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the motion is currently scheduled for January 9, 2012.
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Due to scheduling conflicts, Plaintiffs will be unable to complete certain discovery prior
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to the current deadline for opposing the summary adjudication motion. Plaintiffs served the
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following:
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Deposition notice for Andrea Horn (November 18, 2011)
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•
Deposition subpoena for Summit State Bank (December 2, 2011)
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•
Deposition notice for Katja Reitemeyer (December 9, 2011)
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•
Deposition subpoena for Electronic Arts, Inc. (December 16, 2011)
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400 Montgomery Street, Suite 501
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•
Deposition subpoena for Netflix, Inc. (December 19, 2011)
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On October 31, 2011, Plaintiffs served written discovery requests to the individual
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Defendants.
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discovery requests for December 8, 2011, and the individual Defendants have not yet responded
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to Plaintiffs’ discovery requests.
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Counsel for the individual Defendants has indicated he was unaware of the
Counsel for the individual Defendants has indicated that he will be out of the country on
vacation from December 20, 2011 until January 5, 2012.
Due to scheduling conflicts, the parties have been unable to complete the discovery
(above) and do not anticipate resuming depositions before January 11, 2012.
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On October 26, 2011, Plaintiffs filed a Motion for Conditional Certification of a
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Collective Action under the Fair Labor Standards Act (“FLSA”), with a hearing date of March
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20, 2012. On December 15, 2011, Defendants requested a briefing schedule to respond to this
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Motion.
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It is hereby stipulated and agreed by and between the parties, through their respective
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STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND RELATED MATTERS
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attorneys of record, as follows:
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1.
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vacated.
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2.
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Opposition to Defendants’ Motion for Summary Adjudication shall be filed
and served no later than February 2, 2012.
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3.
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Current deadlines for Defendants’ Motion for Summary Adjudication are
Defendants’ Reply in support of the Motion for Summary Adjudication
shall be filed and served no later than February 16, 2012.
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4.
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Defendants’ Opposition to Plaintiffs’ Motion for Conditional Collective
FLSA Certification shall be filed no later than February 2, 2012.
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5.
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Plaintiffs’ Reply in support of the Motion for Conditional Collective FLSA
Certification shall be filed no later than February 16, 2012.
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6.
The parties agree that this stipulation (including the proposed briefing
schedule) does not waive Plaintiffs’ ability to argue that Defendants’
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opposition to the Motion for Conditional Collective FLSA Certification is
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400 Montgomery Street, Suite 501
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untimely.
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The parties to this stipulation believe that good cause exists and agree to this briefing
schedule.
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IT IS SO STIPULATED:
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Dated: December 23, 2011
SMITH LILLIS PITHA LLP
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By:
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/s/
JAMES SMITH
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STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND RELATED MATTERS
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Dated: December 23, 2011
BARTLETT, LEADER-PICONE & YOUNG
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By:
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/s/
MALCOLM LEADER-PICONE
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Dated: December 23, 2011
LAW OFFICES OF KEITH MCALLISTER
-814-0405 (t) 415-217-7011 (f)
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By:
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/s/
KEITH MCALLISTER
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IT IS SO ORDERED
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400 Montgomery Street, Suite 501
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Dated: December ___, 2011
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE
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STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND RELATED MATTERS
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