Villa v. United Site Services of California, Inc

Filing 41

ORDER by Judge Lucy H. Koh granting 38 Stipulation (lhklc2, COURT STAFF) (Filed on 8/21/2012)

1
2
3
4
5

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
Attorneys for Plaintiffs

6
7
8

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

9
10

12
13

)
)
)
)
)
)
)
)
)
)
)
)
)

NELSON GONZALEZ VILLA,
Individually, and on behalf of Putative
Class Members,
Plaintiffs,

11

14
15

vs.
UNITED SITE SERVICES OF
CALIFORNIA, INC.,

16

Defendant.

17
18

Case No.: No. 5:12-cv-00318-LHK
STIPULATION AND PROPOSED ORDER
TO EXTEND TIME TO FILE
PLAINTIFFS’ RULE 23 MOTION FOR
CLASS CERTIFICATION

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

19

(“Plaintiffs”), and Defendant, United Site Services of California, Inc. (“Defendant”), through
20
21

their undersigned attorneys, stipulate and respectfully request that this Court approve an

22

extension of time for Plaintiffs to file their Rule 23 Motion for Class Certification. As grounds

23

for this extension, the parties state as follows:

24

1.

On May 23, 2012 the Court entered its Minute Order and Case Management

25
26

Order setting September 6, 2012 as the deadline for Plaintiffs’ Class Certification Motion;

27

October 4, 2012 as the deadline for Defendant’s Opposition; and October 18, 2012 as the

28

deadline for Plaintiffs’ Reply. The hearing on Class Certification Motion is November 8, 2012.

STIPULATION AND PROPOSED ORDER TO
EXTEND TIME TO FILE PLAINTIFFS’ RULE
23 MOTION FOR CLASS CERTIFICATION

1

1

2.

The parties will be taking depositions in this matter the weeks of August 20, 2012

2

and August 27, 2012 and mediation is scheduled for August 29, 2012. Deposition transcripts

3

will not be available for review until September 5, 2012, one day before the current deadline for

4

Plaintiffs to file their Class Certification Motion.

5
6

3.

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

7

for Plaintiffs’ Class Certification Motion to September 13, 2012, and extend the related

8

deadlines a like number of days: October 11, 2012 for Defendant’s Opposition and October 25,

9

2012 for Plaintiffs’ Reply.

10
11
12

4.

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

for this case given its early stages and would allow the hearing date to remain the same.

13

WHEREFORE, PREMISES CONSIDERED, the parties stipulate to extend the time to

14

file and serve Plaintiffs’ Rule 23 Motion for Class Certification to September 13, 2012,

15

Defendant’s Opposition to October 11, 2012 and Plaintiffs’ Reply to October 25, 2012.
16
17
18

Dated: August 17, 2012

Respectfully submitted,

Attorneys for Plaintiffs:

THE COCHRAN FIRM, LLC

19

/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

20
21
22
23
24

MITCHELL G. ALLEN
[e-mail]
Admitted Pro Hac Vice
JACOBY & MEYERS
1929 3rd Avenue North, Suite 600
Birmingham, AL 35203
[phone] – Phone

25
26
27
28

STIPULATION AND PROPOSED ORDER TO
EXTEND TIME TO FILE PLAINTIFFS’ RULE
23 MOTION FOR CLASS CERTIFICATION

2

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

1
2

LAW OFFICES OF FERNANDO CHAVEZ

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

3
4
5
6

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  

7
8
9
10
11

12
13

ECF ATTESTATION

14

I, Robert J. Camp, am the ECF user whose ID and password are being used to file the
15
16
17

foregoing on August 16, 2012. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that
Susan E. Bishop has concurred in this filing.

18

/s/ Robert J. Camp
ROBERT J. CAMP

19
20
21

ORDER

22
23
24

PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: August 21

, 2012
UNITED STATES DISTRICT COURT

25
26
27
28

STIPULATION AND PROPOSED ORDER TO
EXTEND TIME TO FILE PLAINTIFFS’ RULE
23 MOTION FOR CLASS CERTIFICATION

3