Harris et al v. Best Buy Stores, L.P.

Filing 76

ORDER by Judge Haywood S. Gilliam, Jr. Granting 75 Stipulation Relating to Class Certification Motion. Motions due by 10/26/2017; Responses due by 11/16/2017; Replies due by 11/30/2017; Motion Hearing set for 12/14/2017 02:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 9/20/2017)

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WOODALL LAW OFFICES
100 PINE STREET, SUITE 1250
SAN FRANCISCO, CALIFORNIA 94111
TELEPHONE: [phone]
FACSIMILE: [phone]
[e-mail]
KEVIN F. WOODALL, BAR NO. 180650
BARNES LAW OFFICES TH
580 CALIFORNIA ST., 16 FLOOR
SAN FRANCISCO, CA 94104
TELEPHONE: [phone]
FACSIMILE: [phone]
[e-mail]
PAGE R. BARNES, BAR NO. 153539
ATTORNEYS FOR PLAINTIFF, STARVONA HARRIS,
JONATHAN STRICKLAND AND THOSE SIMILARLY SITUATED

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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STARVONA HARRIS AND JONATHAN ) CASE NO. 4:17-CV-00446 HSG
STRICKLAND, INDIVIDUALLY AND ON )
BEHALF OF THOSE SIMILARLY SITUATED,
) STIPULATION RELATING TO CLASS
CERTIFICATION MOTION; ORDER
) THEREON
PLAINTIFFS,
V.

BEST BUY STORES, L.P., A LIMITED
PARTNERSHIP,
DEFENDANT.

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STIPULATION RELATING TO CLASS CERTIFICATION MOTION; ORDER THEREON

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In June, 2017, the parties submitted a Joint Case Management Conference

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Statement, in which both parties requested that Plaintiffs file their class certification

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motion in October, 2017. [Dkt. No. 42.] In response, the Court set a deadline for a

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hearing relating to the class certification motion of November 30, 2017, along with a

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normal briefing schedule. [Dkt. No. 44.] Thus, the contemplated filing date was October

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26, 2017 (35 days prior to November 30, 2017). The Court also set other deadlines,

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including a discovery deadline of September 29, 2017. Plaintiffs’ counsel noticed that as

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of late last week, the Court’s scheduling notes indicate that no hearing dates are available

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prior to November 30, 2017. Consequently, Plaintiffs are concerned the November 30,

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2017 hearing date will be taken well before it is prepared to file a class certification

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motion by late October, 2017.

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Magistrate Judge Westmore also ordered Defendant to produce documents and

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information that Plaintiffs intend to use for class certification, which is due on September

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22, 2017. [Dkt. No. 72.] The parties also have a number of discovery issues that, if not

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resolved very soon, will need to be addressed by Magistrate Judge Westmore.

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Given the above and the parties’ desire for additional time to file opposition and
reply briefs relating to the class certification motion, the parties enter into this stipulation.

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IT IS HEREBY STIPULATED as follows:

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1. Plaintiffs shall have until October 26, 2017 to file their motion for class

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certification;
2. Defendant shall have three weeks after Plaintiffs’ class certification motion is
filed to file their opposition to Plaintiffs’ motion for class certification;
3. Plaintiffs shall have two weeks after Defendant’s opposition to class

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certification is filed to file their reply brief in support of class certification;

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4. The hearing date shall be the first available date on the Court’s calendar, which

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takes into consideration the briefing schedule above and is at least two weeks

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after Plaintiffs’ reply brief is filed.

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STIPULATION RELATING TO CLASS CERTIFICATION; ORDER THEREON

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WOODAL LAW OFFICES
LL
BARNES LAW OFFICES

DATE: SEPTEMBER 19, 2017
D
E

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BY: /S/ PAGE R. BARNES
PAG R. BARN
GE
RNES
ATTORNEY FOR PLA
YS
AINTIFFS, ST
TARVONA
HARRIS, JO
ONATHAN STRICKLAND AND
D
SIMILARLY SITUATED FORMER A
Y
D
AND
CURRENT EMPLOYEE OF DEFEN
ES
NDANT

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MORGAN, L
LEWIS & BO
OCKIUS LLP
P

DATE: SEPTEMBER 19, 2017
D
E

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BY: /S/ BRYAN L. JA
ARRETT
BRYA L. JARRE
AN
ETT
ATTORNEY FOR DEF
YS
FENDANT BE BUY
EST
STORES, L
L.P.

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ORD
DER

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For good cause shown, the Court hereb orders as follows:
s
by
s
1. Plaint
tiffs shall have until October 26, 2
h
O
2017 to file their motio for class
e
on
s
certif
fication;
2. Defen
ndant shall have until November 16, 2017 to file their o
N
o
opposition to Plaintiffs’
motio for class certificatio
on
on;
3. Plaint
tiffs shall have until November 30 2017 to f their rep brief in support of
h
N
0,
file
ply
class certification;
4. The last day to hear the mot
h
tion for clas certificat
ss
tion is Dece
ember 14, 2
2017 at 2:00
0
p.m.

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Dated: Sept
D
tember 20, 2017
2
Hay
ywood S. G
Gilliam, Jr.
U.S District C
S.
Court Judge

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STIPULATIO RELATIN TO CLASS CERTIFICAT
ON
NG
S
TION; ORDER THEREON
R