Rooney v. Sierra Pacific Windows
Filing
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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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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
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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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MARTIN F. ROONEY, individually and
on behalf of all others similarly situated,
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Plaintiff,
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v.
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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,
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Defendant.
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WHEREAS, on August 8, 2011, the Court issued an order giving Sierra Pacific until
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September 15 to file a supplemental opposition to Plaintiff’s pending motion for class
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certification. (Doc. No. 79);
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WHEREAS, the Court's order presupposes that the Court would have issued orders on the
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1187428.2
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STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING AND HEARING ON MOTION FOR CLASS CERTIFICATION
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pending motion for judgment on the pleadings and motion to amend before September 15, and the
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Court has not yet done so. Specifically, the order states that “[t]he Court finds that in this case
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Plaintiffs’ motion for leave to amend and Defendant’s motion for judgment on the pleadings are
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threshold matters that need to be decided before any motion for class certification can be
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decided,” and it states that Sierra Pacific may “respond to any order the Court issues on Plaintiffs’
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motion for leave to amend and Defendant's motion for judgment on the pleadings . . .” in its
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supplemental opposition to class certification;
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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
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WHEREAS, Plaintiff is still in the process of coordinating with proposed class
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representatives Sasser and Cox to determine whether any additional relevant and responsive
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documents exist, and because Sierra Pacific contends such documents, if they exist, would bear
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on the pending motion for class certification; and
WHEREAS, Plaintiff’s lead counsel will be in Europe celebrating his 25th wedding
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anniversary from October 10 through 26, 2011,
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THEREFORE, the parties hereby agree and stipulate, and respectfully request, that Sierra
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Pacific’s supplemental brief in opposition to class certification shall be due 14 days after this
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Court issues orders on the pending motions to amend and for judgment on the pleadings;
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Plaintiff’s supplemental brief in reply shall be due seven days thereafter; and the hearing on the
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pending motion for class certification shall be set for the Court’s first available hearing date after
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briefing is complete; provided that the briefing and hearing schedule shall be adjusted to
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accommodate Plaintiff’s counsel’s unavailability.
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1187428.2
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STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING AND HEARING ON MOTION FOR CLASS CERTIFICATION
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DATED: September 14, 2011
DOWNEY BRAND LLP
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By:
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/s/ Michael A. Schaps
MICHAEL A. SCHAPS
Attorney for Defendant
SIERRA PACIFIC WINDOWS, a division of
SIERRA PACIFIC INDUSTRIES, a California
corporation
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DATED: September 14, 2011
PINNACLE LAW GROUP, LLP
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By:
/s/ Kevin F. Rooney
KEVIN F. ROONEY
Attorney for Plaintiff
MARTIN F. ROONEY, individually and on
behalf of all others similarly situated
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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September 14, 2011
Dated: ____________________
______________________
Lucy H. Koh
United States District Judge
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1187428.2
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STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING AND HEARING ON MOTION FOR CLASS CERTIFICATION
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