Rooney v. Sierra Pacific Windows

Filing 93

ORDER Continuing Briefing and Hearing on Motion for Class Certification. Signed by Judge Lucy H. Koh on 9/14/2011. (lhklc1, COURT STAFF) (Filed on 9/14/2011)

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1 2 3 4 DUN & MARTINEK, LLP DAVID E. MARTINEK (Bar No. 107503) RANDALL H. DAVIS (Bar No. 178404) 2313 I Street P.O. Box 1266 Eureka, CA 95501-4244 Telephone: (707) 442-3791 Facsimile: (707) 442-9251 5 6 7 8 9 10 11 12 DOWNEY BRAND LLP WILLIAM R. WARNE (Bar No. 141280) MEGHAN M. BAKER (Bar No. 243765) MICHAEL A. SCHAPS (Bar. No. 247423) 621 Capitol Mall, 18th Floor Sacramento, CA 95814-4731 Telephone: (916) 444-1000 Facsimile: (916) 444-2100 bwarne@downeybrand.com mbaker@downeybrand.com Attorneys for Defendant SIERRA PACIFIC WINDOWS, a division of SIERRA PACIFIC INDUSTRIES, a California corporation 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 MARTIN F. ROONEY, individually and on behalf of all others similarly situated, 18 Plaintiff, 19 v. 20 Case No. C10-00905 LHK STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING AND HEARING ON MOTION FOR CLASS CERTIFICATION SIERRA PACIFIC WINDOWS, a division of SIERRA PACIFIC INDUSTRIES, a California corporation, 21 22 Defendant. 23 24 WHEREAS, on August 8, 2011, the Court issued an order giving Sierra Pacific until 25 September 15 to file a supplemental opposition to Plaintiff’s pending motion for class 26 certification. (Doc. No. 79); 27 WHEREAS, the Court's order presupposes that the Court would have issued orders on the 28 1187428.2 1 STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING AND HEARING ON MOTION FOR CLASS CERTIFICATION 1 pending motion for judgment on the pleadings and motion to amend before September 15, and the 2 Court has not yet done so. Specifically, the order states that “[t]he Court finds that in this case 3 Plaintiffs’ motion for leave to amend and Defendant’s motion for judgment on the pleadings are 4 threshold matters that need to be decided before any motion for class certification can be 5 decided,” and it states that Sierra Pacific may “respond to any order the Court issues on Plaintiffs’ 6 motion for leave to amend and Defendant's motion for judgment on the pleadings . . .” in its 7 supplemental opposition to class certification; 8 9 WHEREAS, the Court has not yet issued these orders, and Sierra Pacific therefore would be unable to respond to them in any brief filed tomorrow; and 10 WHEREAS, Plaintiff is still in the process of coordinating with proposed class 11 representatives Sasser and Cox to determine whether any additional relevant and responsive 12 documents exist, and because Sierra Pacific contends such documents, if they exist, would bear 13 on the pending motion for class certification; and WHEREAS, Plaintiff’s lead counsel will be in Europe celebrating his 25th wedding 14 15 anniversary from October 10 through 26, 2011, 16 THEREFORE, the parties hereby agree and stipulate, and respectfully request, that Sierra 17 Pacific’s supplemental brief in opposition to class certification shall be due 14 days after this 18 Court issues orders on the pending motions to amend and for judgment on the pleadings; 19 Plaintiff’s supplemental brief in reply shall be due seven days thereafter; and the hearing on the 20 pending motion for class certification shall be set for the Court’s first available hearing date after 21 briefing is complete; provided that the briefing and hearing schedule shall be adjusted to 22 accommodate Plaintiff’s counsel’s unavailability. 23 / 24 / 25 / 26 / 27 / 28 / 1187428.2 2 STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING AND HEARING ON MOTION FOR CLASS CERTIFICATION 1 DATED: September 14, 2011 DOWNEY BRAND LLP 2 3 By: 4 5 6 /s/ Michael A. Schaps MICHAEL A. SCHAPS Attorney for Defendant SIERRA PACIFIC WINDOWS, a division of SIERRA PACIFIC INDUSTRIES, a California corporation 7 8 9 10 11 DATED: September 14, 2011 PINNACLE LAW GROUP, LLP 12 13 By: /s/ Kevin F. Rooney KEVIN F. ROONEY Attorney for Plaintiff MARTIN F. ROONEY, individually and on behalf of all others similarly situated 14 15 16 17 PURSUANT TO STIPULATION, IT IS SO ORDERED. 18 19 September 14, 2011 Dated: ____________________ ______________________ Lucy H. Koh United States District Judge 20 21 22 23 24 25 26 27 28 1187428.2 3 STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING AND HEARING ON MOTION FOR CLASS CERTIFICATION

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