Berry v. Urban Outfitters Wholesale, Inc. et al

Filing 89

ORDER GRANTING 88 NOTICE OF WITHDRAWAL OF 45 STIPULATION Regarding Briefing and Hearing Any Motions Relating to Class Certification filed by David Berry, Urban Outfitters Wholesale, Inc. Signed by Judge JEFFREY S. WHITE on 2/23/15. (jjoS, COURT STAFF) (Filed on 2/23/2015)

1
2
3
4
5
6
7
8

RAUL PEREZ (SBN 174687)
[e-mail]
MELISSA GRANT (SBN 205633)
[e-mail]
ARNAB BANERJEE (SBN 252618)
[e-mail]
ALEXANDRIA WITTE (SBN 273494)
[e-mail]
CAPSTONE LAW APC
1840 Century Park East, Ste. 450
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]

NORMAN B. BLUMENTHAL (SBN 068687)
KYLE R. NORDREHAUG (SBN 205975)
APARAJIT BHOWMIK (SBN 248066)
BLUMENTHAL, NORDREHAUG & BHOWMIK
2255 Calle Clara
La Jolla, CA 92037
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff JASMIN PEREZ and Liaison
Counsel

Attorneys for Plaintiff DAVID BERRY
and Lead Counsel

9
10
11
12
13

CHERYL D. ORR (SBN 143196)
[e-mail]
JAIME D. WALTER (SBN 281066)
[e-mail]
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
Telephone:
[phone]
Facsimile:
[phone]

14
15
16

Attorneys for Defendants
URBAN OUTFITTERS INC., URBAN
OUTFITTERS WHOLESALE, INC., and
URBAN OUTFITTERS WEST, LLC

17
UNITED STATES DISTRICT COURT

18

NORTHERN DISTRICT OF CALIFORNIA

19

OAKLAND DIVISION

20
21
22

DAVID BERRY, individually as an aggrieved
employee, and on behalf of others similarly
situated,
Plaintiff,

23
24
25
26
27
28

Lead Case No. 13-cv-02628-JSW
Case No. 14-cv-00024-JSW
Case No. 14-cv-01580-JSW
Case No. 14-002601-JSW
Related Case: 13-cv-02245-JSW

vs.
URBAN OUTFITTERS WHOLESALE,
INC., a Pennsylvania corporation; and DOES
1 through 100, inclusive,
Defendants.
JASMIN PEREZ and KYLE MILLER,
individuals, on behalf of themselves, on
NOTICE OF WITHDRAWAL OF STIP. RE:
MOTIONS RELATED TO CLASS CERT.

NOTICE OF WITHDRAWAL OF
STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING AND
HEARING ANY MOTIONS RELATING
TO CLASS CERTIFICATION (DOC.
NO. 45); STIPULATION TO PROPOSE
NEW DATES AND ORDER THEREON

LEAD CASE NO. 4:13-CV-02628

1

behalf of all persons similarly situated, and as
the representative of the State of California,

2
3
4
5

Plaintiff,
vs.
URBAN OUTFITTERS, INC., a Corporation,
and DOES 1 through 50, inclusive,
Defendants.

6
7

ZAYDA SANTIZO, individually, as an
aggrieved employee, and on behalf of others
similarly situated,

8
9
10
11

Plaintiff,
vs.
URBAN OUTFITTERS WHOLESALE,
INC., a Pennsylvania corporation; and DOES
1 through 100, inclusive,

12
13

Defendants.
FLOR KHAN, individually, and on behalf of
all others similarly situated,

14

Plaintiff,

15

vs.

16

URBAN OUTFITTERS WEST, LLC, and
DOES 1 through 100, inclusive,
Defendants.

17
18
19
20
21
22
23
24
25
26
27
28

NOTICE OF WITHDRAWAL OF STIP. RE:
MOTIONS RELATED TO CLASS CERT.

-2-

LEAD CASE NO. 4:13-CV-02628

1

PLEASE TAKE NOTICE that plaintiffs David Berry, Jasmin Perez, Zayda Santizo, and

2

Flor Khan and defendants Urban Outfitters, Inc., Urban Outfitters Wholesale, Inc., and Urban

3

Outfitters West, LLC, by and through their undersigned counsel, hereby withdraw the Stipulation

4

and [Proposed] Order Regarding Briefing and Hearing Any Motions Relating to Class

5

Certification (Doc. No. 45), filed on April 3, 2014, on the grounds that an order regarding the

6

matter has not yet been entered by the Court and at least some of the proposed dates have passed.

7

The parties further agree to file with the Court an Amended Stipulation and [Proposed] Order

8

Regarding Briefing and Hearing Any Motions Relating to Class Certification within thirty (30)

9

calendar days of the April 15, 2015, settlement conference, provided that the parties are not

10
11

otherwise able to reach a resolution in the matter by that time.
IT IS SO STIPULATED.

12
13

Dated: February 19, 2015

CAPSTONE LAW APC

14
By: /s/ Alexandria Witte
Raul Perez
Melissa Grant
Arnab Banerjee
Alexandria Witte

15
16
17

Attorneys for Plaintiff DAVID BERRY and
Lead Counsel

18
19
20

Dated: February 19, 2015

BLUMENTHAL NORDREHAUG & BHOWMIK

21
By: /s/ Aparajit Bhowmik
Norman B. Blumenthal
Kyle R. Nordrehaug
Aparajit Bhowmik

22
23
24

Attorneys for Plaintiff
JASMIN PEREZ

25
26
27
28
NOTICE OF WITHDRAWAL OF STIP. RE:
MOTIONS RELATED TO CLASS CERT.

-3-

LEAD CASE NO. 4:13-CV-02628

1

Dated: February 19, 2015

DRINKER BIDDLE & REATH LLP

2
By: /s/ Cheryl D. Orr
Cheryl D. Orr

3
4

Attorneys for Defendants
URBAN OUTFITTERS INC., URBAN
OUTFITTERS WHOLESALE, INC., and
URBAN OUTFITTERS WEST, LLC

5
6
7
8

Attestation Pursuant to Local Rule 5.1(i)

9

Pursuant to Local Rule 5.1(i), I, Alexandria Witte, hereby attest that I have obtained

10
11
12

concurrence in the filing of this document from all other signatories to this document.
I declare under penalty of perjury under the law of the United States of America that the
foregoing is true and correct. Executed on February 19, 2015, in Los Angeles, California.

13
14
/s/ Alexandria Witte
Alexandria Witte

15
16
17
18

PURSUANT TO STIPULATION, IT IS SO ORDERED.

19
20

Dated: February 23, 2015
THE HONORABLE JEFFREY S. WHITE

21
22
23
24

78749096.1

25
26
27
28
NOTICE OF WITHDRAWAL OF STIP. RE:
MOTIONS RELATED TO CLASS CERT.

-4-

LEAD CASE NO. 4:13-CV-02628