Embry v. ACER America Corporation

Filing 37

ORDER DENYING STIPULATION TO CONTINUE CLASS CERTIFICATION DISCOVERY CUTOFF AND BRIEFING SCHEDULE re 36 Stipulation. The Stipulation is DENIED because the dates proposed are invalid. Signed by Judge James Ware on 10/30/2009. (ecg, COURT STAFF) (Filed on 10/30/2009)

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Attorneys for Plaintiff

re mes Wa Judge Ja QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Jeffery D. McFarland (Bar No. 157628) ER [e-mail] C N Stan Karas (Bar No. 222402) OF D IS T IC T [e-mail] R A.J. Bedel (Bar No. 243603) [e-mail] 865 South Figueroa Street, 10th Floor Los Angeles, California 90017-2543 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendant ACER AMERICA CORPORATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION KEVIN EMBRY, an individual, on behalf of himself, the general public and those similarly situated Plaintiff, v. ACER AMERICA CORPORATION; AND DOES 1 THROUGH 50 Defendants CASE NO. CV-09-01808 (JW) STIPULATION TO CONTINUE CLASS CERTIFICATION DISCOVERY CUTOFF AND BRIEFING SCHEDULE

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GUTRIDE SAFIER LLP ADAM J. GUTRIDE (State Bar No. 181446) [e-mail] SETH A. SAFIER (State Bar No. 197427) 835 Douglass Street [e-mail] L. JAY KUO (State Bar No. 173293) [e-mail] San Francisco, California 94114 Telephone: [phone] Facsimile: [phone]

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TO THE COURT: WHEREAS, the Court has set the following schedule for class certification: discovery cutoff on December 4, 2009; motion due January 18, 2008; opposition due February 1, 2009; reply due February 8, 2009; hearing February 22, 2009. WHEREAS, Plaintiff served interrogatories and requests for production on August 27, 2009; WHEREAS, Defendant served objections and responses to the discovery on October 1, 2009, which included agreement to produce certain documents; WHEREAS, the parties are continuing to meet and confer about Defendants' objections and the scope and timing of production, which has not yet commenced; WHEREAS, Plaintiff contends that more time is required to resolve the discovery disputes (including, if necessary, motion practice before the Magistrate with possible review by this Court), obtain and review documents, and take depositions; WHEREAS, the parties also have been discussing the possibility of and structure for settlement and it is possible that a settlement might be reached in advance of a class certification motion; and WHEREAS, the due date for the motion for class certification is Martin Luther King, Jr. Day, a Court holiday; NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE that, if the Court approves, the dates for class certification, including the discovery cut-off date, should be extended for approximately 90 days, so that the new dates will be as follows: Discovery Cutoff: Motion Due: Opposition Due: Reply Due: Hearing: /// March 5, 2009 March 22, 2009 April 5, 2009 April 12, 2009 April 26, 2009

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STIPULATION TO CONTINUE CLASS CERT DATES ­ EMBRY V. ACER, CASE 09-1808

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IT IS SO STIPULATED. DATED: October 29, 2009 GUTRIDE SAFIER LLP

By: /s/ Adam Gutride ________________________ Adam Gutride Seth A. Safier Attorneys for Plaintiff Kevin Embry

DATED:

October 29, 2009

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP By: /s/ Stan Karas __________________________ Jeffery D. McFarland Stan Karas A.J. Bedel Attorneys for Defendant Acer America Corporation

*** ORDER CAUSE SHOWN, IT IS SO ORDERED. FOR GOOD *** The Stipulation is DENIED because the dates proposed are invalid. DATED: ______________, 2009 Date: October 30, 2009 ____________________________ _________________________________________ JAMES WARE Honorable James Ware United States United States District Court Judge District Judge

STIPULATION TO CONTINUE CLASS CERT DATES ­ EMBRY V. ACER, CASE 09-1808

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