Nielson v. TSA Stores Inc. et al

Filing 23

STIPULATION AND ORDER, Set/Reset Deadlines as to Class Certification Motion due by 1/29/13. Responses due by 2/12/2013. Replies due by 2/19/2013. Motion Hearing set for 3/19/2013 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 5/31/12. (lrc, COURT STAFF) (Filed on 5/31/2012)

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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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Scott Edward Cole, Esq. (S.B. # 160744)
Hannah R. Salassi, Esq. (S.B. # 230117)
SCOTT COLE & ASSOCIATES, APC
1970 Broadway, Ninth Floor
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Web: www.scalaw.com
Attorneys for Representative Plaintiff
and the Plaintiff Class
Steven W. Moore, State Bar No. 193068
[e-mail]
Evan R. Moses, State Bar No. 198099
[e-mail]
Erica K. Rocush, State Bar No. 262354
[e-mail],
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.442.4870
Attorneys for Defendant TSA STORES, INC. d/b/a Sports Authority

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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KHANH NIELSON, individually, and
on behalf of all others similarly
situated,

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Plaintiffs,

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vs.
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THE SPORTS AUTHORITY,
and DOES 1 through 100, inclusive,
Defendants.

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Case No. CV-11-4724 SBA
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
CONTINUING CLASS CERTIFICATION
BRIEFING SCHEDULE
Judge: Hon. Saundra Brown Armstrong

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-1Stipulation And [Proposed] Order Continuing Class Certification Briefing Schedule

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Plaintiff Khanh Nielson (“Plaintiff”) and Defendant TSA Stores, Inc. d/b/a Sports Authority

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(“Defendant”), by and through their respective counsel of record named herein, hereby stipulate as

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follows:
WHEREAS, prior to the February 22, 2012 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

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February 22, 2012 Initial Case Management Conference: Motion for Class Certification, September

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21, 2012; Opposition to the Motion for Class Certification, October 19, 2012; Reply to Motion for

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Class Certification, November 7, 2012; and, the hearing on the Motion for Class Certification,

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December 11, 2012. (see Dckt No. 18);
WHEREAS, the earliest date by which mediation can be scheduled with the parties’

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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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preferred mediator is July 2012;
WHEREAS, the parties have informally agreed to postpone resolution of outstanding

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discovery disputes until immediately after the mediation session;

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WHEREAS, should mediation prove unsuccessful, the parties will require the completion of

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substantial written discovery and depositions in preparation for Plaintiff’s Motion for Class

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Certification;
WHEREAS, the parties will have insufficient time to complete such discovery, should

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mediation fail, under the current briefing schedule;
WHEREAS, there have been no prior modifications to the class certification briefing

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schedule; and
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:

April 19, 2013;

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

Opposition to Motion for Class Certification due:

May 17, 2013;

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

Reply to Opposition to Motion for Class Certification due:

June 5, 2013; and

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

Hearing on Motion for Class Certification:

To be set by the Court

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

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IT IS SO STIPULATED.

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Dated: April 2, 2012
SCOTT COLE & ASSOCIATES, APC

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By: /s/ Hannah R. Salassi
Hannah R. Salassi, Esq.
Attorneys for the Representative Plaintiffs
and the Plaintiff Class

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OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.

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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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Dated: April 2, 2012

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By: /s/ Erica K. Rocush
Erica K. Rocush, Esq.
Attorneys for Defendant
TSA STORES, INC

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

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:

1/29/13

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Opposition to Motion for Class Certification due:

2/12/13

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Reply to Opposition to Motion for Class Certification due:

2/19/13

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Hearing on Motion:

3/19/13 at 1:00 p.m.

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

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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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Dated: 5-31-12

____________________________________
The Honorable Saundra Brown Armstrong
United States District Judge

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