Ordick v. Unionbancal Corporation et al

Filing 31

STIPULATION AND ORDER, Set/Reset Deadlines as to Motion due 3/1/12. Responses due by 3/29/2012. Replies due by 4/12/2012. Motion Hearing set for 5/3/2012 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 10/12/11. (lrc, COURT STAFF) (Filed on 10/13/2011)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

SEYFARTH SHAW LLP
Eric M. Steinert, State Bar No. 168384
Justin T. Curley, State Bar No. 233287
560 Mission Street, Suite 3100
San Francisco, California 94105
Telephone: [phone]; Facsimile: [phone]
E-mail: [e-mail]; [e-mail]
Attorneys for Defendants
UNIONBANCAL CORPORATION
and UNION BANK, N.A.
ALEXANDER KRAKOW + GLICK LLP
Marvin E. Krakow, State Bar No. 81228
Michael S. Morrison, State Bar No. 205320
401 Wilshire Boulevard, Suite 1000
Santa Monica, California 90401
Telephone: [phone]; Facsimile: [phone]
E-mail: [e-mail]; [e-mail]
HURWITZ, ORIHUELA & HAYES LLP
Cory H. Hurwitz, State Bar No. 222026
Douglas B. Hayes, State Bar No. 232709
10 Universal City Plaza, 20th Floor
Universal City, California 91608
Telephone: [phone]; Facsimile: [phone]
E-mail: [e-mail]; [e-mail]
Attorneys for Plaintiff
LYNN ODRICK

16
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

17
18
19
20

LYNN ODRICK, an individual, on behalf of
all others similarly situated and the general
public,

21
22
23
24
25
26

Plaintiff,
v.
UNIONBANCAL CORPORATION, a
Corporation, UNION BANK, N.A., a
corporation, and DOES 1-10,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 10-CV-5565-SBA
STIPULATION TO AMEND BRIEFING
AND HEARING DATES FOR
PLAINTIFF’S MOTION FOR CLASS
CERTIFICATION AND ORDER

27
28
1.
STIP. TO AMEND SCHEDULE AND [PROPOSED] ORDER

Case No. 10-CV-5565-SBA

1

Plaintiff LYNN ODRICK (“Plaintiff”) and Defendants UNION BANK, N.A. and

2

UNIONBANCAL CORPORATION (“Defendants”) (collectively, “the Parties”), by and through

3

their respective counsel, hereby stipulate as follows respecting an amended briefing schedule and

4

hearing date for Plaintiff’s Motion for Class Certification pursuant to Rule 23 of the Federal

5

Rules of Civil Procedure 23 and 29 U.S.C. § 216(b) (“Motion”):

6
7

WHEREAS, the Parties participated in a private mediation on September 26, 2011, and,
the Parties are currently considering a mediator’s proposal;

8

WHEREAS, Plaintiff now seeks to amend her complaint to add new named plaintiffs;

9

WHEREAS, Defendants will need to conduct individual discovery on the new plaintiffs

10

before filing their opposition to Plaintiff’s Motion;

11
12

WHEREAS, Plaintiff also needs to conduct several Rule 30(b)(6) depositions in advance
of filing her Motion;

13
14

WHEREAS, defense counsel had an arbitration scheduled this month that hindered
scheduling Rule 30(b)(6) depositions in October;

15

WHEREAS, due to complexity of the issues in this hybrid Rule 23/§ 216(b) action,

16

Defendants require more time than the two-week turnaround currently provided to prepare an

17

opposition to Plaintiff’s Motion;

18

WHEREAS, Plaintiff’s Motion is currently due November 1, 2011, Dkt. No. 22;

19

WHEREAS, Defendants’ opposition to Plaintiff’s Motion is currently due November 15,

20
21
22
23
24

2011;
WHEREAS, Plaintiff’s reply brief in support of her Motion is currently due November
22, 2011, Dkt. No. 22;
WHEREAS, Plaintiff’s Motion is currently set for hearing before this Court on December
13, 2011 at 1:00 p.m., Dkt. No. 22;

25

WHEREAS, counsel for the parties have planned vacations in December 2011; and

26

WHEREAS, defense counsel has a two-week trial scheduled in mid-February 2012.

27
28
2.
STIP. TO AMEND SCHEDULE AND [PROPOSED] ORDER

Case No. 10-CV-5565-SBA

1

NOW THEREFORE, it is hereby stipulated and agreed by the Parties as follows:

2

1.

3

The Parties shall file a stipulation to amend the complaint to add the new

plaintiffs by November 11, 2011;

4

2.

Plaintiff’s Motion will be due on March 1, 2012;

5

3.

Defendants’ opposition to Plaintiff’s Motion will be due on March 29, 2012;

6

4.

Plaintiff’s reply brief in support of her Motion will be due on April 12, 2012; and

7

5.

All other dates in this case shall remain the same.

8

NOW THEREFORE, the Parties request that the Court reset the December 13, 2011

9
10
11

hearing on Plaintiffs’ Motion to May 3, 2012 or the first available hearing date thereafter.
IT IS SO STIPULATED.
DATED: October 11, 2011

SEYFARTH SHAW LLP

12
By

13
14
15

s/ Eric M. Steinert
Eric M. Steinert
Justin T. Curley

Attorneys for Defendants
UNIONBANCAL CORPORATION
and UNION BANK, N.A.

16
17
18

DATED: October 11, 2011

ALEXANDER KRAKOW + GLICK LLP

19
20

By

21

s/ Michael S. Morrison
Marvin E. Krakow
Michael S. Morrison

22
HURWITZ, ORIHUELA & HAYES LLP

23
24

By

25
26
27

s/ Douglas B. Hayes
Cory H. Hurwitz
Douglas B. Hayes

Attorneys for Plaintiff
LYNN ODRICK

28
3.

STIP. TO AMEND SCHEDULE AND [PROPOSED] ORDER

Case No. 10-CV-5565-SBA

1

ORDER

2
3

GOOD CAUSE APPEARING, it is hereby ORDERED, ADJUDGED, and DECREED
that:

4
5

1.

The Parties shall file a stipulation to amend the complaint to add the new

plaintiffs by November 11, 2011;

6

2.

Plaintiff’s Motion for Class Certification shall be due on March 1, 2012;

7

3.

Defendants’ opposition to Plaintiff’s Motion for Class Certification shall be due

8

on March 29, 2012;

9
10

4.

on April 12, 2012; and

11
12

Plaintiff’s reply brief in support of her Motion for Class Certification shall be due

5.

Plaintiff’s Motion for Class Certification shall be heard on May 8, 2012 at 1:00

p.m..

13

IT IS SO ORDERED.

14

Dated: 10/12/11

________________________________
Hon. Saundra Brown Armstrong

15
16
17
18
19
20
21
22
23
24
25
26
27
28
4.

STIP. TO AMEND SCHEDULE AND [PROPOSED] ORDER

Case No. 10-CV-5565-SBA