Fiori et al v. Dell, Inc, et al

Filing 157

ORDER GRANTING STAY; TERMINATING PENDING MOTIONS ON CLASS CERTIFICATION re 156 Stipulation. The hearing on the current class certification motions are vacated and terminated from the docket. Plaintiffs may renotice its motions after the 60 day sta y for any available fall date. ***Deadlines terminated, Motions terminated: 102 MOTION to Certify Class, 113 SEALED MOTION, 114 SEALED MOTION, 103 MOTION to Certify Class. Signed by Judge James Ware on 4/13/2010. (ecg, COURT STAFF) (Filed on 4/13/2010)

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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 RANDALL S. ROTHSCHILD (SBN 101301) randy.rothschild@verizon.net RANDALL S. ROTHSCHILD, A P.C. 12100 Wilshire Blvd., Suite 800 Los Angeles, CA 90025 Telephone: 310-806-9245 Fax: 310-988-2723 ER N D IS T IC T R OF Attorneys for Plaintiffs Vivian Fiori Ariza and Roggie Trujillo UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION VIVIAN FIORI ARIZA and ROGGIE TRUJILLO, on behalf of themselves and all others similarly situated, Plaintiffs, vs. DELL INC., a corporation; BANCTEC, INC., a corporation; WORLDWIDE TECHSERVICES, LLC, an entity; DELL CATALOG SALES, L.P., an entity; DELL PRODUCTS, L.P., an entity; DELL MARKETING L.P., an entity; DELL MARKETING L.P., LLC, an entity; DELL MARKETING G.P., LLC, an entity; DELL USA, L.P., an entity; and DOES 1 Through 10, Defendants. Case No. C09 01518 JW STIPULATION TO STAY CASE; [PROPOSED] ORDER CLASS ACTION Assigned to the Honorable James Ware, Courtroom 8 Action filed on April 7, 2009 1 Case No. C09 01518 JW ­ Stipulation to Stay Case; [Proposed] Order A C LI 4/13/2010 FO BRIAN R. STRANGE (SBN 103252) lacounsel@earthlink.net GRETCHEN CARPENTER (SBN 180525) gcarpenter@strangeandcarpenter.com STRANGE & CARPENTER 12100 Wilshire Blvd., Suite 1900 Los Angeles, CA 90025 Telephone: 310-207-5055 Fax: 310-826-3210 UNIT ED S S DISTRICT TE C TA m Judge Ja es Ware R NIA DERED SO OR ED IT IS DIFI AS MO RT U O NO RT H 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 parties have recently agreed to participate in mediation in order to discuss the possibility of settlement; WHEREAS, the parties anticipate that it will take some time to agree on a mediator and make necessary arrangements and preparations for mediation; WHEREAS, Plaintiffs have filed a motion for class certification, which is currently set for hearing on June 21, 2010; WHEREAS, under the current schedule, Defendants' oppositions to Plaintiffs' motion for class certification are due by May 28, 2010, and Plaintiffs' replies are due by June 7, 2010; WHEREAS, this Court has also set a hearing on Defendants' anticipated motions for summary judgment on the same day, June 21, 2010; WHEREAS, under the current schedule, Defendants' motions for summary judgment are due by May 17, 2010; Plaintiffs' oppositions are due by May 28, 2010; and Defendants' replies are due by June 7, 2010; WHEREAS, the parties are diligently litigating this case, including conducting substantial discovery, in anticipation of briefing and hearing of these two motions; and WHEREAS, in order to conserve the resources of the Court and the parties while the parties discuss the possibility of settlement, the parties request that the June 21, 2010 hearing date on Plaintiffs' motion for class certification and Defendants' anticipated motions for summary judgment be vacated (to be rescheduled at a later date, if necessary) and that this case be stayed for a period of 60 days, at which time the parties will update the Court on the status of settlement discussions and request a further stay, if appropriate. THEREFORE, the parties hereby stipulate, subject to Court approval, that the June 21, 2010 hearing date on Plaintiffs' motion for class certification and Defendants' anticipated motions for summary judgment be vacated (to be rescheduled at a later date, if necessary) and /// /// /// /// 2 Case No. C09 01518 JW ­ Stipulation to Stay Case; [Proposed] Order 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 that this case be stayed for a period of 60 days, at which time the parties will update the Court on the status of settlement discussions and request a further stay, if appropriate. DATED: April ___, 2010 Respectfully Submitted, STRANGE & CARPENTER By: _____/s/_____________________ Brian R. Strange Gretchen Carpenter Attorneys for Plaintiffs DATED: April ___, 2010 REEVES & BRIGHTWELL, LLP By: _____/s/_____________________ Paul Schlaud Attorneys for Dell Defendants DATED: April ___, 2010 ROBERTS RASPE & BLANTON, LLP By: _____/s/_____________________ Michael Blanton Attorneys for Defendants Banctec, Inc. and Worldwide Techservices, LLC, IT IS SO ORDERED AS MODIFIED: 17 The hearing on the current class certification motions are vacated and terminated from the docket (Docket Item Nos. 102, 103, 113, 114). Plaintiffs may renotice its motions after the 60 day stay PURSUANT TO STIPULATION THE ABOVE-REFERENCED STAY IS SO ORDERED: 18 for any available fall date on the Court's calendar. 19 Dated: April 13, 2010 ______________________________ DATED: _____________________, 2010 United States District Judge 20 Hon. James Ware United States District Court Judge 21 22 23 24 25 26 27 28 By: _____/s/_____________________ Gretchen Carpenter FILER'S ATTESTATION Pursuant to General Order No. 45, Section X(B) regarding signatures, I, Gretchen Carpenter, attest that concurrence in the filing of this document has been obtained from Paul Schlaud and Michael Blanton. 3 Case No. C09 01518 JW ­ Stipulation to Stay Case; [Proposed] Order 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 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the county of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 12100 Wilshire Boulevard, Suite 1900 Los Angeles, California 90025 On April 12, 2010, I served the forgoing document, described as: STIPULATION TO STAY CASE; [PROPOSED] ORDER on the interested parties in this action: [ X ] ECF or [ ] by placing [ ] the original [ ] a true copy thereof to in an envelope addressed only as follows: Sean P. DeBruine, Esq. C. Augustine Rakow, Esq. ALSTON & BIRD LLP Two Palo Alto Square 3000 El Camino Real, Suite 400 Palo Alto, CA 94306 Tel: 650-838-2000 Fax: 650-838-2001 sean.debruine@alston.com augie.rakow@alston.com Kristine M. Brown, Esq. Matthew D. Richardson, Esq. ALSTON & BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309 Tel: 404-881-7000 Fax: 404-881-7777 kristy.brown@alston.com matt.richardson@alston.com Paul W. Schlaud, Esq. Matthew Frederick, Esq. REEVES & BRIGHTWELL LLP 221 West 6th Street, Suite 1000 Austin, TX 78701-3410 Tel: 512-334-4504 Fax: 512-334-4492 pschlaud@reevesbrightwell.com mfrederick@reevesbrightwell.com Counsel for Defendants Dell Inc.; Dell Catalog Sales, L.P.; Dell Products, L.P.; Dell Marketing L.P.; Dell Marketing L.P., LLC; Dell Marketing G.P., LLC; and Dell USA, L.P.; Michael Blanton, Esq. Roberts Raspe & Blanton, LLP 445 S. Figueroa, Suite 3200 Los Angeles, California 90071 mblanton@rrbllp.com Counsel for Defendants BancTec, Inc. and QualxServ LLC 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 Randall S. Rothschild, Esq. randy.rothschild@verizon.net 12100 Wilshire Blvd., Suite 800 Los Angeles, CA 90025 Tel: 310-806-9245 Fax: 310-988-2723 Co-Counsel for Plaintiffs [X] [] VIA ECF VIA U.S. FIRST CLASS MAIL [ ] I deposited such an envelope in the mail at Los Angeles, California. The envelope was mailed with postage thereon fully prepaid. [ X ] As follows: I am ?readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, California. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] BY PERSONAL SERVICE I delivered such envelope by hand to the addressee. Executed on April 12, 2010, at Los Angeles, California. [ X ] (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Carlo Aguilar -2-

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