Hodges v. Akeena Solar, Inc. et al

Filing 85

STIPULATION AND ORDER Granting Briefing Schedule for Class Certification re 84 Stipulation. Set/Reset Deadlines as to 84 Stipulation: Motion due 10/22/2010. Responses due by 12/8/2010. Replies due by 1/14/2011. Motion Hearing set for 2/7/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 10/14/2010. (ecg, COURT STAFF) (Filed on 10/14/2010) Modified on 10/14/2010 (cv, COURT STAFF).

Hodges v. Akeena Solar, Inc. et al

Doc. 85

1 SCOTT+SCOTT LLP ARTHUR L. SHINGLER III (181719) 2 MARY K. BLASY (211262) WALTER W. NOSS (pro hac vice) 3 DAVID H. GOLDBERGER (225869) 4 707 Broadway, Suite 1000 San Diego, CA 92101 5 Telephone: [phone] Facsimile: 619-233-0508 6 [e-mail] [e-mail] 7 [e-mail] ­ and ­ 8 DAVID R. SCOTT (pro hac vice) 9 P.O. Box 192 156 South Main Street 10 Colchester, CT 06415 11 Telephone: [phone] Facsimile: 860-537-4432 12 [e-mail] 13 Lead Counsel for Lead Plaintiff 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE FOR CLASS CERTIFICATION 09-cv-02147-JW-PVT
Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SHARON HODGES, et al., Plaintiff, vs. AKEENA SOLAR, INC., et al., Defendants. No. C-09-02147 JW-PVT STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION Hon. James Ware

1

Pursuant to stipulation executed by the parties and submitted to the Court on June 24, 2010,

2 and by Order entered by the Court on June 29, 2010, the parties agreed that Lead Plaintiffs' Motion 3 for Class Certification is due October 15, 2010, Defendants' response to Lead Plaintiffs' motion for 4 Class Certification is due November 29, 2010 and Lead Plaintiffs' reply in support of their Motion 5 for Class Certification is due January 10, 2011; 6 WHEREAS, Lead Plaintiffs' counsel has requested and Defendants have agreed to a short

7 seven-day extension of time for Lead Plaintiffs to file their Motion for Class Certification in light of 8 Lead Plaintiffs' expert's illness; 9 WHEREAS, Lead Plaintiffs agreed to likewise extend time for Defendants to file their

10 response and Defendants agreed to extend the deadline on Lead Plaintiffs' reply; 11 WHEREAS, the requested extension will not alter or delay the date set by the Court in its

12 June 29, 2010 Order for the hearing on Lead Plaintiffs' Motion for Class Certification, which the 13 Court previously set for February 7, 2011; 14 NOW, THEREFORE, the parties, by and through their undersigned counsel of record, in

15 the interests of judicial economy, hereby agree and stipulate, and the Court hereby orders, as 16 follows: 17 18 2010; 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RE BRIEFING
SCHEDULE FOR CLASS CERTIFICATION

1.

Lead Plaintiffs shall file their Motion for Class Certification on or before October 22,

2. 3.

Defendants shall file their response on or before December 8, 2010; Lead Plaintiffs shall file their reply on or before January 13, 2011; and

1
09-cv-02147-JW-PVT

1

4.

The Court will hear oral argument on Lead Plaintiffs' Motion for Class Certification

2 on February 7, 2011 at 9:00 a.m. 3 4 DATED: October 12, 2010 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 By: /s/ Dominique-Chantale Alepin DOMINIQUE-CHANTALE ALEPIN DATED: October 12, 2010 WILSON SONSINI GOODRICH & ROSATI PROFESSIONAL CORPORATION Steven M. Schatz Douglas J. Clark Kelley M. Kinney Dominique-Chantale Alepin 650 Page Mill Road Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] SCOTT+SCOTT LLP Arthur J. Shingler Mary K. Blasy Walter W. Noss David H. Goldberger 707 Broadway, Suite 1000 San Diego, CA 92101 Telephone: [phone] Facsimile: 619-233-0508 /s/ Mary K. Blasy MARY K. BLASY Lead Counsel for Lead Plaintiff

Attorneys for Defendants Akeena Solar, Inc., Barry Cinnamon and Gary Effren ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. ________________________________ United States District Judge 2
09-cv-02147-JW-PVT

October 14, 2010 26 Dated:_____________ 27
SCHEDULE FOR CLASS CERTIFICATION

28 STIPULATION AND [PROPOSED] ORDER RE BRIEFING

1 2

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Mary Blasy, attest that concurrence in the filing of this document has been obtained from

3 signatory Dominique-Chantale Alepin. I declare under penalty of perjury under the laws o f the 4 United States of America that the foregoing is true and correct. Executed this 12th day of October, 5 2010 at San Diego, California. 6 7 CERTIFICATE OF SERVICE I also certify that on October 12, 2010, I caused the foregoing to be electronically filed with

8 the Clerk of the Court using the CM/ECF system which will send notification of such filing to the 9 e-mail addresses denoted on the Electronic Mail Notice List, and I hereby certify that I caused the 10 foregoing document or paper to be mailed via the United States Postal Service to the non-CM/ECF 11 participants indicated on the Manual Notice List. I certify under penalty of perjury under the laws of 12 the United States of America that the foregoing is true and correct. Executed on October 12, 2010. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RE BRIEFING
SCHEDULE FOR CLASS CERTIFICATION

/s/Mary K. Blasy MARY K. BLASY SCOTT+SCOTT LLP 707 Broadway, Suite 1000 San Diego, CA 92101 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Lead Counsel for Lead Plaintiff

3
09-cv-02147-JW-PVT