Helton et al v. Factor 5, Inc. et al

Filing 61

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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1 2 3 4 5 6 -814-0405 (t) 415-217-7011 (f) 7 8 9 10 11 12 13 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 14 UNITED STATES DISTRICT COURT 400 Montgomery Street, Suite 501 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 18 JESSE HELTON; ALISHA PICCIRILLO; CHAD LOWE; individually and on behalf of all others similarly situated, 19 20 21 22 23 24 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. 25 26 27 28 Plaintiffs Jesse Helton, Alisha Piccirillo, and Chad Lowe (“Plaintiffs” ) and Defendants WhiteHarvest, LLC, Julian Eggebrecht, Holger Schmidt, and Thomas Engel (collectively 1 STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND RELATED MATTERS 1 “Defendants”) hereby jointly apply, by way of stipulation, for an Order concerning a briefing 2 schedule for (1) Defendants’ Motion for Summary Adjudication and related scheduling issues, 3 and (2) Plaintiffs’ Motion for Collective Certification. The individual Defendants’ filed their Motion for Summary Adjudication on October 20, 5 2011. Defendant WhiteHarvest, LLC subsequently joined in the motion. The Motion for 6 Summary Adjudication is scheduled for a hearing on March 6, 2012. Plaintiffs’ opposition to 7 -814-0405 (t) 415-217-7011 (f) 4 the motion is currently scheduled for January 9, 2012. 8 Due to scheduling conflicts, Plaintiffs will be unable to complete certain discovery prior 9 to the current deadline for opposing the summary adjudication motion. Plaintiffs served the 10 following: • Deposition notice for Andrea Horn (November 18, 2011) 12 • Deposition subpoena for Summit State Bank (December 2, 2011) 13 • Deposition notice for Katja Reitemeyer (December 9, 2011) 14 • Deposition subpoena for Electronic Arts, Inc. (December 16, 2011) 15 400 Montgomery Street, Suite 501 11 • Deposition subpoena for Netflix, Inc. (December 19, 2011) 16 On October 31, 2011, Plaintiffs served written discovery requests to the individual 17 Defendants. 18 discovery requests for December 8, 2011, and the individual Defendants have not yet responded 19 to Plaintiffs’ discovery requests. 20 21 22 23 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. 24 On October 26, 2011, Plaintiffs filed a Motion for Conditional Certification of a 25 Collective Action under the Fair Labor Standards Act (“FLSA”), with a hearing date of March 26 20, 2012. On December 15, 2011, Defendants requested a briefing schedule to respond to this 27 Motion. 28 It is hereby stipulated and agreed by and between the parties, through their respective 2 STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND RELATED MATTERS 1 attorneys of record, as follows: 2 1. 3 vacated. 4 2. 5 Opposition to Defendants’ Motion for Summary Adjudication shall be filed and served no later than February 2, 2012. 6 3. 7 -814-0405 (t) 415-217-7011 (f) 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. 8 4. 9 Defendants’ Opposition to Plaintiffs’ Motion for Conditional Collective FLSA Certification shall be filed no later than February 2, 2012. 10 5. 11 Plaintiffs’ Reply in support of the Motion for Conditional Collective FLSA Certification shall be filed no later than February 16, 2012. 12 6. The parties agree that this stipulation (including the proposed briefing schedule) does not waive Plaintiffs’ ability to argue that Defendants’ 14 opposition to the Motion for Conditional Collective FLSA Certification is 15 400 Montgomery Street, Suite 501 13 untimely. 16 17 The parties to this stipulation believe that good cause exists and agree to this briefing schedule. 18 19 IT IS SO STIPULATED: 20 21 Dated: December 23, 2011 SMITH LILLIS PITHA LLP 22 23 By: 24 /s/ JAMES SMITH 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND RELATED MATTERS 1 Dated: December 23, 2011 BARTLETT, LEADER-PICONE & YOUNG 2 3 By: 4 /s/ MALCOLM LEADER-PICONE 5 6 Dated: December 23, 2011 LAW OFFICES OF KEITH MCALLISTER -814-0405 (t) 415-217-7011 (f) 7 8 By: 9 /s/ KEITH MCALLISTER 10 11 12 IT IS SO ORDERED 13 14 400 Montgomery Street, Suite 501 15 16 28 Dated: December ___, 2011 SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND RELATED MATTERS

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