Jimerson v. Genco Distribution System, Inc.

Filing 25

STIPULATION AND ORDER, Set/Reset Deadlines as to 14 MOTION to Remand. Motion Hearing set for 4/24/2012 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 3/29/12. (lrc, COURT STAFF) (Filed on 3/30/2012)

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1 2 3 4 ALLISON H. GODDARD (#211098) JAMES R. PATTERSON (#211102) PATTERSON LAW GROUP 402 West Broadway, 29th Floor San Diego, California 92101 Telephone: 619.398.4760 Facsimile: 619.756.6991 Email: ali@pattersonlawgroup.com, jim@pattersonlawgroup.com 5 Attorneys for Plaintiff and the Class 6 7 8 9 10 11 12 13 14 SEYFARTH SHAW LLP Michael J. Burns (SBN 172614) Eric M. Steinert (SBN 168384) 560 Mission Street, 31st Floor San Francisco, California 94105 Telephone: 415.397.2823 Facsimile: 415.397.8549 Email: mburns@seyfarth.com, esteinert@seyfarth.com SEYFARTH SHAW LLP Christopher A. Crosman (SBN 190336) Julia Brodsky (SBN 266177) 2029 Century Park East, Suite 3500 Los Angeles, California 90067-3021 Telephone: 310.277.7200 Facsimile: 310.201.5219 Email: ccrosman@seyfarth.com, jbrodsky@seyfarth.com 15 16 17 Attorneys for Defendants GENCO I, INC. and GENCO INFRASTRUCTURE SOLUTIONS, INC. (Erroneously named herein as “GENCO DISTRIBUTION SYSTEM”) 18 IN THE UNITED STATES DISTRICT COURT 19 FOR THE NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION 20 21 22 P.E. JIMERSON, on behalf of himself and a class of similarly situated persons, 23 Case No. C 11-5157 SBA STIPULATION OF PLAINTIFF AND DEFENDANTS TO CHANGE DATE OF HEARINGS ON PLAINTIFF’S MOTION TO REMAND [DKT. #14] AND DEFENDANT’S MOTION TO TRANSFER [DKT. #11]; [PROPOSED] ORDER Plaintiff, 24 vs. 25 GENCO DISTRIBUTION SYSTEM, INC., a Pennsylvania corporation; and DOES 1 through 50, inclusive, 26 27 Defendants 28 Case No. C 11-5157 SBA 1 STIPULATION TO CHANGE HEARING DATES 1 2 WHEREAS, Plaintiff’s Motion to Remand [Dkt. #14] is pending before the Court and currently scheduled to be heard on April 10, 2012; 3 4 WHEREAS, Defendants’ Motion to Transfer [Dkt. #11] is pending before the Court and currently scheduled to be heard on April 24, 2012; 5 6 WHEREAS, the Court ordered on February 27, 2012 that Plaintiff’s Motion to Remand should be heard before Defendants’ Motion to Transfer, and reset the hearing dates for both motions; 7 WHEREAS, counsel for Plaintiff now has a conflict with the April 10, 2012 hearing date because 8 she is required to attend a claim construction hearing in a case pending in the Southern District of 9 California, SPH America, LLC v. Acer, et al., case no. 09-cv2535, that was rescheduled to 10 April 10, 2012; and 11 WHEREAS, the claim construction hearing in the SPH America case has been continued twice 12 previously, involves ten parties traveling from different parts of the country, and would be incredibly 13 difficult if not impossible to reschedule. 14 THEREFORE, the parties STIPULATE and agree as follows: 15 (1) That the hearing on Plaintiff’s Motion to Remand [Dkt. #14] scheduled for April 10, 2012 16 at 1:00 p.m. is CONTINUED to April 24, 2012 at 1:00 p.m. 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Case No. C 11-5157 SBA 2 STIPULATION TO CHANGE HEARING DATES 1 (2) That the hearing on Defendant’s Motion to Transfer [Dkt. #11] scheduled for 2 April 24, 2012 at 1:00 p.m. is CONTINUED to May 8, 2012 at 1:00 p.m., or the next date available on 3 the Court’s calendar. 4 5 IT IS SO STIPULATED. Dated: March 27, 2012 PATTERSON LAW GROUP 6 By: /s/ Allison H. Goddard ALLISON H. GODDARD 7 8 Attorneys for Plaintiff and the Class 9 10 Dated: March 27, 2012 SEYFARTH SHAW LLP 11 By: /s/ Christopher A. Crosman CHRISTOPHER A. CROSMAN 12 Attorneys for Defendants GENCO I, INC. and GENCO INFRASTRUCTURE SOLUTIONS, INC. (Erroneously named herein as “GENCO DISTRIBUTION SYSTEM, INC.”) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C 11-5157 SBA 3 STIPULATION TO CHANGE HEARING DATES 1 2 3 4 5 6 7 8 ORDER PURSUANT TO THE STIPULATION OF THE PARTIES, and finding good cause therein, IT IS HEREBY ORDERED that: (1) The hearing on Plaintiff’s Motion to Remand [Dkt. #14] scheduled for April 10, 2012 at 1:00 p.m. is CONTINUED to April 24, 2012 at 1:00 p.m.; and (2) The hearing on Defendant’s Motion to Transfer [Dkt. #11] scheduled for April 24, 2012 at 1:00 p.m. is CONTINUED to [May 8, 2012 at 1:00 p.m.]. IT IS SO ORDERED. 9 10 DATED:_3/29/12 11 _______________________________________ HON. SAUNDRA BROWN ARMSTRONG UNITED STATED DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C 11-5157 SBA 4 STIPULATION TO CHANGE HEARING DATES 1 2 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on all parties via CM/ECF on March 27, 2012. 4 5 /s/ Allison H. Goddard 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C 11-5157 SBA 5 STIPULATION TO CHANGE HEARING DATES

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