Ross et al v. Trex Company, Inc.

Filing 120

STIPULATION AND ORDER EXTENDING TIME (approving 106 ). Signed by Judge Jeremy Fogel on 10/22/2009. (jflc2, COURT STAFF) (Filed on 10/28/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the deadline for any objections or oppositions to the motion for final approval of the proposed Settlement or the motion for attorney's fees and costs was October 9, 2009; WHEREAS, the Court permitted plaintiffs in a related case, Okano, et al. v. Trex Company, Inc., No. 5:09-cv-1878 (N.D. Cal.), to file their objections on Tuesday, October 13, 2009, with electronic service to the parties in the above-captioned case on Monday, October 12, 2009; WHEREAS, by three separate emails to accommodate the size of the files, Okano counsel served the Elizabeth A. Alexander, counsel for Ross plaintiffs, and Patrick Perrone, counsel for Trex, with their objection and supporting papers on Monday, October 12, 2009
843071.1

**E-Filed 10/28/2009**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

ERIC ROSS and BRADLEY S. HURETH, Plaintiffs, v. TREX COMPANY, INC., a Delaware corporation, Defendant.

Case No. 5:09-CV-00670-JF

----------------STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME CASE NO. 5:09-CV-00670-JW

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between 5:14 CST/6:14 EST and 5:23 CST/6:23 EST, and filed the papers on the morning of October 13, 2009; WHEREAS, the deadline for any reply memorandum in support of the motion for final approval is Friday, October 16, 2009, which is four Court days from the service of the Okano objection and only three days from its filing; WHEREAS, Counsel for the Plaintiffs and Trex seek a one court day extension of the deadline for the filing of any reply memoranda, taking the deadline to Monday, October 19, 2009, which would allow one week to respond to the objection, as contemplated by the Local Rules and the Settlement Agreement; WHEREAS, the undersigned counsel, on behalf of their respective clients, do not object to the extension; IT IS SO STIPULATED THAT the deadline for the filing of any reply memoranda in support of the motions for final approval and attorneys' fees and costs shall be extended to Monday, October 19, 2009.

Dated: October 13, 2009

LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP /s/ Jonathan D. Selbin Jonathan D. Selbin LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 30th Floor San Francisco, CA 94111-3336 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Eric Ross and Bradley Hureth and the Proposed Class

843071.1

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME CASE NO. 5:09-CV-00670-JW

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Dated: October 13, 2009

HAGENS BERMAN SOBOL SHAPIRO, LLP /s/ Robert F. Lopez Robert F. Lopez 1301 Fifth Avenue, Suite 2900 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Mark Okano and Sharon Ding

Dated: October 13, 2009

K&L GATES, LLP /s/ Patrick J. Perrone Patrick J. Perrone One Newark Center, 10th Floor Newark, NJ 07102 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant

PURSUANT TO SUCH STIPULATION, IT IS SO ORDERED.

22 Dated: October ____, 2009

HONORABLE JEREMY FOGEL United States District Court Judge

843071.1

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME CASE NO. 5:09-CV-00670-JW