Munguia-Brown et al v. Equity Residential et al

Filing 340

ORDER by Judge Jeffrey S. White Granting 339 STIPULATION REGARDING BRIEFING SCHEDULE FOR MOTION TO DECERTIFY THE CLASS. Response due by 4/29/2022. Reply due by 5/20/2022. Motion Hearing set for 6/3/2022 09:00 AM before Judge Jeffrey S. White. (dts, COURT STAFF) (Filed on 4/4/2022)

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Margaret McBride (SBN 294066)
[e-mail]
COMMUNITY LEGAL SERVICES IN EAST PALO ALTO
1861 Bay Road
East Palo Alto, CA 94303
Tel: [phone]
Fax: [phone]
Linda M. Dardarian (SBN 131001)
[e-mail]
Andrew P. Lee (SBN 245903)
[e-mail]
Anne P. Bellows (SBN 293722)
[e-mail]
Katharine L. Fisher (SBN 305413)
[e-mail]
GOLDSTEIN, BORGEN, DARDARIAN & HO
155 Grand Avenue, Suite 900
Oakland, CA 94612
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs and the Certified Classes
(Additional Counsel for Plaintiffs and the
Certified Classes listed on following page)

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UNITED DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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JAVANNI MUNGUIA-BROWN, ANGELINA
MAGAÑA, NORMA RODRIGUEZ, DAVID
BONFANTI, and SHANNAH SMITH individually
and on behalf of others similarly situated,
Plaintiffs,

vs.

EQUITY RESIDENTIAL, a real estate investment
trust, ERP OPERATING LIMITED
PARTNERSHIP, a partnership, EQUITY
RESIDENTIAL MANAGEMENT, L.L.C., EQRWOODLAND PARK A LIMITED
PARTNERSHIP, and EQR-WOODLAND PARK
B LIMITED PARTNERSHIP,

CLASS ACTION
Case No.: 4:16-cv-01225-JSW-TSH
STIPULATION AND [PROPOSED] ORDER
REGARDING BRIEFING SCHEDULE FOR
MOTION TO DECERTIFY THE CLASS
Date:
Time:
Dept:
Before:

April 29, 2022
9:00 a.m.
Courtroom 5
Hon. Jeffrey S. White

Trial Date:

November 7, 2022

Defendants.

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STIPULATION & [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DECERTIFY THE CLASS
CASE NO. 4:16-CV-01225-JSW-TSH

853215.1

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Craig Nicholas (SBN 178444)
[e-mail]
Alex Tomasevic (SBN 245595)
[e-mail]
NICHOLAS & TOMASEVIC, LLP
225 Broadway, 19th Floor
San Diego, CA 92101
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs and the Certified Classes

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STIPULATION & [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DECERTIFY THE CLASS
CASE NO. 4:16-CV-01225-JSW-TSH

853215.1

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This Stipulation is hereby entered into by and between Plaintiffs Javanni Munguia-Brown,

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Angelina Magaña, Norma Rodriguez, and David Bonfanti, on behalf of themselves and the certified

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classes (“Plaintiffs”), and Defendants Equity Residential, ERP Operating Limited Partnership, Equity

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Residential Management, LLC, EQR-Woodland Park A Limited Partnership and EQR-Woodland Park

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B Limited Partnership (“Defendants”) by and through their respective counsel of record, as follows:

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WHEREAS, Defendants filed a Motion to Decertify the Class on March 24, 2022;

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WHEREAS, Plaintiffs’ Opposition is currently due for filing no later than April 7, 2022,

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Defendants’ Reply is due for filing no later than April 14, 2022, and the hearing is set for April 29,

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2022 at 9:00 a.m.

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WHEREAS, several members of Class Counsel will be out of the office or otherwise
unavailable during the first half of April;

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WHEREAS, the Parties have met and conferred, and have agreed to a briefing schedule that
works for both Class Counsel and Defendants’ Counsel;

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NOW THEREFORE, IT IS HEREBY STIPULATED as follows:

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1.

Plaintiffs’ Opposition shall be filed no later than April 29, 2022;

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2.

Defendants’ Reply shall be filed no later than May 20, 2022;

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3.

The hearing set for April 29, 2022 shall be vacated and reset for June 3, 2022 at 9:00

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a.m., or as soon thereafter as the Court’s schedule will allow.

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The Parties respectfully request that the Court approve the foregoing deadlines in the Proposed

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Order below.

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STIPULATION & [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DECERTIFY THE CLASS
CASE NO. 4:16-CV-01225-JSW-TSH

853215.1

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Dated: April 4, 2022

Respectfully submitted,

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GOLDSTEIN, BORGEN, DARDARIAN & HO

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/s/ Anne P. Bellows
Anne P. Bellows

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Attorneys for Plaintiffs and the Classes

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Dated: April 4, 2022

DUANE MORRIS LLP
/s/ Karen L. Alexander
Karen L. Alexander

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Attorney for Defendants

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SIGNATURE ATTESTATION

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I, Anne P. Bellows, am the ECF User whose ID and Password are being used to file this

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Stipulation and [Proposed] Order Regarding Briefing Schedule for Motion to Decertify the Class. I

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attest that concurrence in the filing of this document has been obtained from the other signatory,

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Defense Counsel Karen L. Alexander.

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Dated: April 4, 2022

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/s/ Anne P. Bellows
Anne P. Bellows

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: April 4

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, 2022
Hon. Jeffrey S. White
United States District Judge

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STIPULATION & [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DECERTIFY THE CLASS
CASE NO. 4:16-CV-01225-JSW-TSH

853215.1