STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION

JON S. TIGAR, District Judge.

Plaintiff Michael Henry ("plaintiff") and defendant Home Depot U.S.A., Inc. ("defendant") (collectively, the "Parties"), by and through their undersigned counsel of record, stipulate and represent as follows:

1. On December 10, 2015, plaintiff filed a motion for class certification ("Class Motion") as to plaintiff's unpaid overtime claim.

2. The hearing on the Class Motion was initially set for January 14, 2016 at 2:00 p.m. in Courtroom 9, with defendant's opposition due December 24, 2015. In its order entered December 16, 2015, the Court continued the hearing to January 14, 2016, but did not change the original opposition and reply deadlines.

3. The overtime claim that is the subject of the Class Motion is the same claim that is the subject of defendant's pending motion for summary judgment. The Parties agree that, in the interest of judicial economy and efficiency, defendant should not be required to respond to the Class Motion until the Court has ruled on the summary judgment motion. In addition, defendant's counsel is taking time off through the upcoming holidays and the first part of January, and has other business commitments in the first half of January, and requested that the briefing schedule be adjusted to accommodate counsel's vacations and scheduling conflicts.

4. In the parties' Joint Case Management Statement filed January 28, 2015 (Dkt. 19), the parties stipulated that defendant would have no less than 60 days to oppose any class certification motion filed by plaintiff. That stipulation was incorporated into the Court's Scheduling Order entered February 12, 2015 (Dkt. 21), which provides that defendant's opposition would be due on May 2, 2016, 60 days after the class certification motion deadline of March 2, 2016.

5. The parties have not previously requested a continuance of the hearing or other dates related to the Class Motion.

NOW, THEREFORE, plaintiff and defendant hereby stipulate and agree as follows:

1. That the hearing on the Class Motion, currently set for January 14, 2016, be taken off calendar and re-noticed after the Court rules on defendant's pending summary judgment motion.

2. That defendant's opposition to the Class Motion shall be due on January 28, 2016, or 30 days after the Court enters an order on the summary judgment motion, whichever is later.

3. After the Court rules on defendant's summary judgment motion, plaintiff will re-notice the Class Motion for February 18, 2016, or such later hearing date as will provide defendant with at least 30 days from the entry of the Court's order on the summary judgment motion to file its opposition to the Class Motion.

IT IS HEREBY ORDERED:

1. The hearing on plaintiff's motion for class certification, currently scheduled for 2:00 p.m. on January 28, 2016, shall be taken off calendar and re-noticed by plaintiff after the Court rules on defendant's pending summary judgment motion. The new hearing date shall be February 18, 2016, or such later date as will provide defendant with at least 30 days from the entry of the Court's order on the summary judgment motion to file its opposition to the Class Motion.

2. Defendant's opposition to the Class Motion shall be due 21 days prior to the re-noticed hearing date. Plaintiff's reply shall be due ten days before the re-noticed hearing date.