Ortiz et al v. Home Depot U.S.A., Inc
Filing
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ORDER Granting 72 Stipulated Request for Extension of Time to File Class Action Settlement Agreement. Signed by Judge Lucy H. Koh on 9/13/2011. (lhklc1, COURT STAFF) (Filed on 9/13/2011)
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DONALD LIVINGSTON
WILLIAM ALLEN (Admitted Pro Hac Vice)
AKIN GUMP STRAUSS HAUER & FELD LLP
1333 New Hampshire Avenue, N.W.
Washington, D.C. 20036
Tel: (202) 887-4000
Fax: (202) 887-4288
Email: dlivingston@akingump.com
ballen@akingump.com
TERESA W. GHALI (SBN 252961)
AKIN GUMP STRAUSS HAUER & FELD LLP
580 California Street, Suite 1500
San Francisco, CA 94104
Tel: 415-765-9500
Fax: 415-765-9510
Email: tghali@akingump.com
Attorneys for Defendant
HOME DEPOT U.S.A., INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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GABRIEL ORTIZ, ANDREW GONZALES,
LANDON MICKEY MILLER, AND JOE
HUYNH, on behalf of themselves and all
others similarly situated,
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Plaintiffs,
v.
Case No. C 09-03485 LHK
STIPULATED REQUEST FOR AN
ADDITIONAL WEEK TO FILE CLASS
ACTION SETTLEMENT
AGREEMENT; [PROPOSED] ORDER
[Fed. R. Civ. P. 26(f), Civ. L.R. 6-1(b), 6-2,
7-12.]
HOME DEPOT U.S.A., INC.,
The Honorable Lucy H. Koh
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Defendant.
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STIPULATED REQUEST AN ADDITIONAL WEEK TO FILE CLASS ACTION SETTLEMENT
AGREEMENT
Case No. C 09-03485 LHK
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On August 31, 2011, Plaintiffs filed their motion for preliminary approval of the proposed class
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action settlement in this case and the parties filed a stipulated request for additional time until
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September 7, 2011, to file the finalized and signed settlement agreement. See dkt. nos. 65 & 66.
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Plaintiffs’ motion accurately represents the content of the parties’ draft written agreement currently
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under final review by Home Depot’s Office of General Counsel. See Allen decl. at ¶ 6. The motion is
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unopposed and set for hearing on September 29, 2011.
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On September 2, 2011, the Court approved the parties’ stipulated request for an extension of
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time to file the settlement agreement until September 7, 2011. See dkt. no. 71. However, due to
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logistical reasons, final review by Home Depot’s Office of General Counsel is not expected to be
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complete until September 14, 2011. See Allen decl. at ¶ 5. Accordingly, in accordance with Civil
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Local Rules 6-1(b) and 6-2(a), the parties request a brief additional extension to file the signed
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settlement agreement on or before September 14, 2011, which is more than two weeks before the
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schedule hearing date on the motion for preliminary approval. As stated above, the motion is
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unopposed and the parties do not anticipate the filing of any further briefing, unless ordered by the
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Court. Thus, the requested brief extension should not require rescheduling of the preliminary approval
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hearing requested for September 29, 2011, and will not alter the date of any other hearing or
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proceeding on the Court’s calendar. Id. at ¶ 7; see Civ. Local R. 6-1(b).
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On January 26, 2011, the Court issued a scheduling order modifying the pretrial schedule
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originally set by the Honorable James Ware in his order of February 25, 2010. Dkt. no. 50. In addition
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to the January 26, 2011 Case Management Order, the July 7, 2011 Stay Order, and the August 31, 2011
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stipulated extension of time, the following time modifications have been made by the Court, upon
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motion or by stipulation: (1) plaintiffs’ motion for continuance of Case Management Conference (see
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dkt. no. 10); (2) stipulation to extension of time for Defendant to file answer to amended complaint
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(see dkt. no. 13); (3) stipulation to extend time for mediation (see dkt. no. 36); (4) stipulation to extend
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time for taking Rule 30(b)(6) deposition (see dkt. No. 36); and (5) stipulation to extend time for expert
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disclosures pertaining to class certification (see dkt. No. 58). See Allen decl. at ¶ 8.
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STIPULATED REQUEST AN ADDITIONAL WEEK TO FILE CLASS ACTION SETTLEMENT
AGREEMENT
Case No. C 09-03485 LHK
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A declaration from defendant’s counsel William F. Allen in support of this stipulated request is
enclosed. See Civ. Local R. 6-2(a).
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Dated: September 7, 2011.
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THE LEGAL AID SOCIETY-EMPLOYMENT
LAW CENTER
SCHNEIDER WALLACE
COTTRELL BRAYTON
KONECKY LLP
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/s/ Joshua Konecky
JOSHUA KONECKY
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Attorneys for Plaintiffs
Gabriel Ortiz, Andrew Gonzales, Landon Mickey
Miller, and Joe Huynh
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Dated: September 7, 2011.
AKIN GUMP STRAUSS HAUER & FELD LLP
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/s/ Teresa W. Ghali
TERESA W. GHALI
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Attorneys for Defendant
HOME DEPOT U.S.A., INC.
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ECF CERTIFICATION
Pursuant to General Order No. 45 X. (B), I attest that concurrence in the filing of this
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document has been obtained from Joshua Konecky.
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Dated: September 7, 2011.
/s/ Teresa W. Ghali
TERESA W. GHALI
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STIPULATED REQUEST AN ADDITIONAL WEEK TO FILE CLASS ACTION SETTLEMENT
AGREEMENT
Case No. C 09-03485 LHK
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DECLARATION OF WILLIAM F. ALLEN
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I, William F. Allen, declare,
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I am an attorney in good standing admitted pro hac vice to practice in the Northern
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District of California and am attorney of record for defendant Home Depot U.S.A., Inc. in Ortiz v.
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Home Depot U.S.A., Inc., Case No. C 09-03485 LHK (N.D. Cal.). I make this declaration based on my
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own personal knowledge and, if called to do so, could and would competently so testify in court.
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2.
After two mediation sessions before the Honorable Edward A. Infante (ret.), and
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significant efforts and negotiations following those sessions, the parties reached an agreement on
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material terms, including provisions for class-wide equitable relief, monetary relief to the putative
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class members and named plaintiffs, and reasonable attorneys’ fees and costs, subject to reaching a
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final agreement on all language of a class action settlement agreement.
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3.
On July 7, 2011, the parties filed a notice of settlement and jointly requested a stay of
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the pre-trial scheduling order to permit the parties time to draft a formal class action settlement
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agreement and the motion papers to present to present to the Court in connection with a motion for
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preliminary approval of the proposed agreement. See dkt. no. 63.
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4.
On July 7, the Court stayed the pre-trial schedule and ordered the parties to file a
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motion for preliminary approval by August 31, 2011, or prepare to file their class certification briefing
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on an expedited basis. See dkt. no. 64.
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5.
The full written agreement has been reviewed by defendant’s counsel and is pending
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final review by Home Depot’s Office of General Counsel. Due to logistical reasons, defendant expects
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final review and approval to be completed by no later than September 14, 2011.
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6.
On August 31, 2011, plaintiffs filed their motion for preliminary approval without a
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copy of the settlement agreement. Plaintiffs’ motion accurately represents the content of the parties’
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draft written agreement currently under review by Home Depot’s Office of General Counsel.
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7.
On September 2, the Court approved the parties’ joint stipulated request for an
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extension of time to file the settlement agreement until September 7, 2011. See dkt. no. 71. The
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parties are requesting a brief additional extension of the deadline to supplement the motion for
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preliminary approval by filing the signed settlement agreement on or before September 14, 2011,
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STIPULATED REQUEST AN ADDITIONAL WEEK TO FILE CLASS ACTION SETTLEMENT
AGREEMENT
Case No. C 09-03485 LHK
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which is just over two weeks before the schedule hearing date on the motion for preliminary approval.
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As stated above, the motion is unopposed and the parties do not anticipate the filing of any further
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briefing, unless ordered by the Court. Thus, the extension will not alter the date of any hearing or
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proceeding on the Court’s calendar, including the September 29, 2011 preliminary approval hearing or
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any other hearing or proceeding on the Court’s calendar.
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On January 26, 2011, the Court issued a scheduling order modifying the pretrial
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schedule originally set by the Honorable James Ware in his order of February 25, 2010. Dkt. no. 50.
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In addition to the January 26, 2011 Case Management Order, the July 7, 2011 Stay Order, and the
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August 31, 2011 stipulated extension of time, the following time modifications have been made by the
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Court, upon motion or by stipulation: (1) plaintiffs’ motion for continuance of Case Management
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Conference (see dkt. no. 10); (2) stipulation to extension of time for Defendant to file answer to
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amended complaint (see dkt. no. 13); (3) stipulation to extend time for mediation (see dkt. no. 36); (4)
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stipulation to extend time for taking Rule 30(b)(6) deposition (see dkt. No. 36); and (5) stipulation to
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extend time for expert disclosures pertaining to class certification (see dkt. No. 58).
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Plaintiffs’ counsel Joshua Konecky has authorized defendant’s counsel to sign the joint
stipulated request on plaintiffs’ behalf.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed this 7th day of September, 2011, in Washington, DC.
/s/William F. Allen
William F. Allen
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STIPULATED REQUEST AN ADDITIONAL WEEK TO FILE CLASS ACTION SETTLEMENT
AGREEMENT
Case No. C 09-03485 LHK
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The parties stipulate that they are prepared to file a class action settlement agreement in this
action by September 14, 2011.
PURSUANT TO THE PARTIES’ STIPULATED REQUEST FOR AN EXTENSION OF
TIME, AND GOOD CAUSE SHOWN, IT IS SO ORDERED THAT:
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Plaintiffs shall file the settlement agreement on or before September 14, 2011.
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Additional extensions will be disfavored.
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IT IS SO ORDERED.
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Dated: September 13, 2011
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_____________________________
THE HON. LUCY H. KOH
United States District Judge
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