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

Filing 74

STIPULATION AND ORDER, Set/Reset Deadlines as to 34 MOTION to Certify Class, 31 MOTION for Partial Summary Judgment. Responses due by 2/3/2012. Replies due by 2/16/2012.. Signed by Judge ARMSTRONG on 2/15/12. (lrc, COURT STAFF) (Filed on 2/15/2012)

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400 Montgomery Street, Suite 501 ▪ San Francisco, CA 94104 ▪ 415-814-0405 (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: [phone]
Facsimile: [phone]
[e-mail]
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: [phone]
Facsimile: [phone]
Attorneys for Defendants
JULIAN EGGEBRECHT, HOLGER SCHMIDT
and THOMAS ENGEL

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UNITED STATES DISTRICT COURT

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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 ORDER FOR
SLIGHLY MODIFIED SCHEDULING
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 SLIGHTLY MODIFIED 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.
It is hereby stipulated and agreed by and between the parties, through their respective

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attorneys of record, to make the following slight modification to the Court’s previous

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scheduling Order as follows:

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400 Montgomery Street, Suite 501 ▪ San Francisco, CA 94104 ▪ 415-814-0405 (t) 415-217-7011 (f)

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1.

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Current deadlines for Defendants’ Motion for Summary Adjudication are
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 3, 2012.

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3.

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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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The parties to this stipulation believe that good cause exists and agree to this briefing
schedule.

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IT IS SO STIPULATED:
Dated: February 15, 2012

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 SLIGHTLY MODIFIED BRIEFING SCHEDULE AND
RELATED MATTERS

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Dated: February 15, 2012

BARTLETT, LEADER-PICONE & YOUNG

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By:

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/s/
MALCOLM LEADER-PICONE

400 Montgomery Street, Suite 501 ▪ San Francisco, CA 94104 ▪ 415-814-0405 (t) 415-217-7011 (f)

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Dated: February 15, 2012

LAW OFFICES OF KEITH MCALLISTER

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By:

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/s/
KEITH MCALLISTER

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IT IS SO ORDERED

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Dated: February 15, 2012
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER RE SLIGHTLY MODIFIED BRIEFING SCHEDULE AND
RELATED MATTERS