McKinnon v. Dollar Thrifty Automotive Group, Inc. et al

Filing 158

STIPULATION AND ORDER [AS MODIFIED BY THE COURT] re 157 Joint Stipulation. Set/Reset Deadlines as to 133 Second MOTION to Certify Class . Replies due by 1/26/2016. Motion Hearing set for 2/23/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Case Management Conference set for 2/23/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland. Signed by Judge Yvonne Gonzalez Rogers on 1/12/16(fs, COURT STAFF) (Filed on 1/12/2016)

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WHATLEY KALLAS, LLP
Alan M. Mansfield (Of Counsel)
(SBN 125998)
[e-mail]
1 Sansome Street, 35th Floor, PMB #131
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
10200 Willow Creek Rd., Ste. 160
San Diego, CA 92131
Tel: [phone]
Fax: [phone]

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WHATLEY KALLAS, LLP
Joe R. Whatley, Jr.
(Admitted Pro Hac Vice)
Patrick J. Sheehan
(Admitted Pro Hac Vice)
1180 Avenue of the Americas, 20th Floor
New York, NY 10036
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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SANDRA McKINNON and KRISTEN
TOOL, individually and on behalf of all others
similarly situated,

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Plaintiffs,
v.
DOLLAR THRIFTY AUTOMOTIVE
GROUP, INC. d/b/a DOLLAR RENT A CAR;
DOLLAR RENT A CAR, INC.; DTG
OPERATIONS, INC. d/b/a DOLLAR RENT
A CAR; and DOES 1-10, inclusive,

Case No. 12-cv-04457-YGR
JOINT STIPULATION AND
[PROPOSED] ORDER TO: (1) MODIFY
BRIEFING SCHEDULE ON
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION; (2) SET DATES FOR
CASE MANAGEMENT CONFERENCE
AND MOTION FOR CLASS
CERTIFICATION
*AS MODIFIED BY THE COURT*

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Current Hearing Date: February 9, 2016
Time: 2 p.m.
Judge: Hon. Yvonne Gonzalez Rogers
Courtroom:
1, 4th Floor

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[Complaint Filed: August 24, 2012]

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Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER TO: (1) MODIFY BRIEFING SCHEDULE ON PLAINTIFFS’
MOTION FOR CLASS CERTIFICATION
Case No. 12-cv-04457-MMC

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Defendants (“Dollar”) and Plaintiffs (collectively, the “Parties”) file this joint stipulation
pursuant to Fed. R. Civ. P. 16(b)(4); and Civil L.R. 7-12, 6-1(b), and 6-2 to request that the Court:

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(1) continue the date of the Case Management Conference and hearing on the pending motion for
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class certification so that both matters are heard on the same date, as set forth below, and (2) modify
the deadline for filing the reply brief related to Plaintiffs’ Amended Motion for Class Certification as
set forth below.
1.

Case Management Conference Date. On December 4, 2015, the Court entered a

Case Management Scheduling Order, providing for a Case Management Conference on February
22_, 2016 at 2 p.m. (ECF No. 151.) The Parties jointly request, for the reasons set forth in the

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attached declaration of Alan M. Mansfield, that the Court amend the Case Management Scheduling
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Order to set the Case Management Conference as the same date as the hearing on the pending
motion for class certification.
2.

Briefing and Hearing Schedule on Class Certification Motion. On November 18,

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2015, the Court granted the Parties’ motion to amend the briefing and hearing schedule for

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Plaintiffs’ Amended Motion for Class Certification (“Amended Motion”). (ECF No. 147.) Under

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the current briefing schedule, Plaintiffs’ Reply papers in support of the Amended Motion are due by

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January 12, 2016, and the hearing on the motion is set for February 9, 2016. As set forth in the
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Declaration of Alan M. Mansfield, in connection with their Opposition Dollar submitted the

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Declarations of several individuals, including three Dollar employees in Southern California. Based

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on negotiations between counsel for the parties, depositions of those Declarants have just recently

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been set for January 14, 2016. As a result, the parties are in agreement to move the deadline for

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Plaintiffs to file the reply brief for two weeks, until January 26, 2016, and continue the hearing date

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on the motion for class certification to February 22, 2016, the present date as the Case Management
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Conference.
JOINT STIPULATION AND [PROPOSED] ORDER TO: (1) MODIFY BRIEFING SCHEDULE ON PLAINTIFFS’
MOTION FOR CLASS CERTIFICATION
Case No. 12-cv-04457-MMC

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If the Court prefers to hold a hearing on this motion on February 23, 2016 on its regular

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motion calendar date, the parties would request the Case Management Conference be continued to

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take place on that date.

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Dated: January 8, 2016

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WHATLEY KALLAS LLP
By:

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/s/ Alan M. Mansfield
ALAN M. MANSFIELD
[e-mail]
1 Sansome Street, 35th Floor, PMB #131
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
10200 Willow Creek Rd., Ste 160
San Diego, CA 92131
Tel: [phone]
Fax: [phone]
JOE R. WHATLEY JR. (Admitted Pro Hac Vice)
[e-mail]
PATRICK J. SHEEHAN (Admitted Pro Hac Vice)
[e-mail]
380 Madison Avenue, 23rd Floor
New York, NY 10017
Tel: [phone]
Fax: [phone]

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S. SCOTT GARRETT (Admitted Pro Hac Vice)
[e-mail]
2001 Park Place North, Suite 1000
Birmingham, AL 35203
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs

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Dated: January 8, 2016

JENNER & BLOCK LLP
By:

/s/ Daniel J. Weiss
Daniel J. Weiss

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ROSS B. BRICKER (Admitted Pro Hac Vice)
[e-mail]
JOHN F. WARD, JR. (Admitted Pro Hac Vice)
[e-mail]
DANIEL J. WEISS (Admitted Pro Hac Vice)
[e-mail]
JENNER & BLOCK LLP
353 N. Clark Street Chicago, IL 60654-3456
Telephone: [phone]
Facsimile: 312-527-0484

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JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY SCHEDULE
cv-04457-YGR

Case No. 12-

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KENNETH E. KELLER (State Bar No. 71450)
[e-mail]
TRACY M. CLEMENTS (State Bar No. 184150)
[e-mail]
KELLER, SLOAN, ROMAN & HOLLAND LLP
555 Montgomery Street, 17th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants DOLLAR THRIFTY
AUTOMOTIVE GROUP, INC., DOLLAR RENT
A CAR, INC. and DTG OPERATIONS, INC.

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Filer’s Attestation: Pursuant to L.R. 5-1(i)(3), Alan M. Mansfield hereby attests that concurrence in
the filing of this document has been obtained from all signatories.

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JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY SCHEDULE
cv-04457-YGR

Case No. 12-

ORDER

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PURSUANT TO THE PARTIES’ STIPULATION, IT IS ORDERED that:
Plaintiffs’ Reply In Support of the Amended Motion for Class Certification is due on

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1.

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January 26, 2016.

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2.

The hearing on Plaintiffs’ class certification motion is CONTINUED to February 23,

2016 at 2 p.m.

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3.

The Case Management Conference is also CONTINUED and shall be held at the same

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date and time as the hearing on Plaintiffs’ class certification motion.
This Order terminates Docket Number 157.

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Dated: January 12, 2016
The Hon. Yvonne Gonzalez Rogers
United States District Judge

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[PROPOSED] ORDER

Case No. 12-cv-04457-MMC