Villa v. United Site Services of California, Inc

Filing 137

ORDER by Judge Lucy H. Koh granting 136 Stipulation (lhklc2, COURT STAFF) (Filed on 1/14/2013)

Case5:12-cv-00318-LHK Document136 Filed01/11/13 Page1 of 3

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Robert J. Camp
[e-mail]
Admitted Pro Hac Vice
THE COCHRAN FIRM – BIRMINGHAM, LLC
1929 3rd Avenue North, Suite 800
Birmingham, AL 35203
[phone] – Phone
[phone] - Facsimile

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Attorneys for Plaintiffs
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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NELSON GONZALEZ VILLA,
Individually, and on behalf of Putative
Class Members,
Plaintiff,
vs.
UNITED SITE SERVICES OF
CALIFORNIA, INC.,
Defendant.

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Case No.: No. 5:12-cv-00318-LHK
STIPULATION AND PROPOSED ORDER
TO EXTEND TIME TO FILE REPLY IN
SUPPORT OF PLAINTIFF’S AMENDED
MOTION FOR CLASS CERTIFICATION
UNDER RULE 23

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Plaintiff, Nelson Gonzalez Villa, individually, and on behalf of putative class members

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(“Plaintiff”), and Defendant, United Site Services of California, Inc. (“Defendant”), through their

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undersigned attorneys, stipulate and respectfully request that this Court approve an extension of
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time for Plaintiff to file his Reply in Support of Amended Motion for Class Certification Under
Rule 23 (hereafter “Motion”). As grounds for this extension, the parties state as follows:

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Plaintiff filed his Motion on December 4, 2012 and Defendant responded on

January 4, 2013. Currently Plaintiff’s Reply is due January 14, 2013.

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2.

The hearing on Plaintiff’s Motion is scheduled for April 4, 2013.

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STIPULATION AND PROPOSED ORDER TO
EXTEND TIME TO FILE REPLY IN SUPPORT
OF PLAINTIFF’S AMENDED MOTION FOR
CLASS CERTIFICATION UNDER RULE 23

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Case5:12-cv-00318-LHK Document136 Filed01/11/13 Page2 of 3

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3.

Due to deadlines in other matters, as well as the fact that Plaintiff’s co-counsel,

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Mitch Allen, is in the process of changing firms, counsel for Plaintiff has been unable to

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formulate an adequate Reply.

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4.

The undersigned has conferred with counsel for Defendant and she is not opposed

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to the requested extension, subject to approval by the Court.

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Counsel for Plaintiff and Defendant have agreed to extend the current deadline for

Plaintiff to file his Reply in Support of Amended Motion for Class Certification Under Rule 23
to January 21, 2013.

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6.

The parties believe the requested extension will have no impact on the schedule

for this case, given that the hearing date will remain the same.
WHEREFORE, PREMISES CONSIDERED, the parties stipulate to extend the time
for Plaintiff to file his Reply in Support of his Amended Motion for Class Certification Under

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Rule 23 to January 21, 2013.
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Dated: January 11, 2013

Respectfully submitted,

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Attorneys for Plaintiffs:

THE COCHRAN FIRM, LLC

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/s/ Robert J. Camp
ROBERT J. CAMP
[e-mail]
Admitted Pro Hac Vice
1929 3rd Avenue North, Suite 800
Birmingham, AL 35203
[phone] – Phone
[phone] – Facsimile

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MITCHELL G. ALLEN
[e-mail]
CORY, WATSON, CROWDER AND DEGARIS
2131 Magnolia Avenue
Birmingham, AL 35205
205-328-2800 – Phone

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STIPULATION AND PROPOSED ORDER TO
EXTEND TIME TO FILE REPLY IN SUPPORT
OF PLAINTIFF’S AMENDED MOTION FOR
CLASS CERTIFICATION UNDER RULE 23

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Case5:12-cv-00318-LHK Document136 Filed01/11/13 Page3 of 3

FERNANDO CHAVEZ
[e-mail]
California Bar No. 86902

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LAW OFFICES OF FERNANDO CHAVEZ

1530 The Alameda, Suite 301
San Jose, CA 95126
[phone] – Phone
[phone] – Facsimile

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Attorneys for Defendant:

BERLINER COHEN

/s/ Susan E. Bishop
SUSAN E. BISHOP
[e-mail]  
10 Almaden Blvd., Eleventh Floor 
San Jose, CA  95113 
(408) 286‐5800 – Phone  
(408) 998‐5388 – Facsimile  

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ECF ATTESTATION

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I, Robert J. Camp, am the ECF user whose ID and password are being used to file the
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foregoing on January 11, 2013. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that
Susan E. Bishop has concurred in this filing.

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/s/ Robert J. Camp
ROBERT J. CAMP

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: January 14

, 2013
UNITED STATES DISTRICT COURT
Lucy H. Koh

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STIPULATION AND PROPOSED ORDER TO
EXTEND TIME TO FILE REPLY IN SUPPORT
OF PLAINTIFF’S AMENDED MOTION FOR
CLASS CERTIFICATION UNDER RULE 23

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