Filed: Jan. 31, 2019
Latest Update: Jan. 31, 2019
Summary: CLASS ACTION STIPULATION AND [ PROPOSED ] ORDER SETTING BRIEFING SCHEDULE AND CONTINUING HEARING ON MOTION FOR CLASS CERTIFICATION RICHARD SEEBORG , District Judge . WHEREAS, on March 16, 2018, this Court appointed Arman Anvari lead plaintiff in this action (Dkt. No. 101); WHEREAS, on September 6, 2018, this Court set April 24, 2019 as the hearing date for lead plaintiff's motion for class certification (Dkt. No. 165); WHEREAS, the parties have propounded discovery requests on each
Summary: CLASS ACTION STIPULATION AND [ PROPOSED ] ORDER SETTING BRIEFING SCHEDULE AND CONTINUING HEARING ON MOTION FOR CLASS CERTIFICATION RICHARD SEEBORG , District Judge . WHEREAS, on March 16, 2018, this Court appointed Arman Anvari lead plaintiff in this action (Dkt. No. 101); WHEREAS, on September 6, 2018, this Court set April 24, 2019 as the hearing date for lead plaintiff's motion for class certification (Dkt. No. 165); WHEREAS, the parties have propounded discovery requests on each o..
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CLASS ACTION
STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONTINUING HEARING ON MOTION FOR CLASS CERTIFICATION
RICHARD SEEBORG, District Judge.
WHEREAS, on March 16, 2018, this Court appointed Arman Anvari lead plaintiff in this action (Dkt. No. 101);
WHEREAS, on September 6, 2018, this Court set April 24, 2019 as the hearing date for lead plaintiff's motion for class certification (Dkt. No. 165);
WHEREAS, the parties have propounded discovery requests on each other, and such discovery is ongoing;
WHEREAS, on November 21, 2018, lead plaintiff added Pumaro LLC ("Pumaro") as an additional named plaintiff (Dkt. No. 183), and defendants thereafter propounded discovery requests to Pumaro;
WHEREAS, on January 7, 2019, plaintiffs added Artiom Frunze ("Frunze") as an additional named plaintiff (Dkt. No. 186), and defendants thereafter propounded discovery requests to Frunze;
WHEREAS, on January 23, 2019, plaintiffs filed a motion for class certification, seeking the appointment of Pumaro and Frunze as class representatives (the "Class Certification Motion") (Dkt. No. 193);
WHEREAS, the current deadlines for defendants to file opposition papers and for plaintiffs to file reply papers in connection with the Class Certification Motion are, respectively, February 6, 2019 and February 13, 2019;
WHEREAS, on January 25, 2019, plaintiffs filed a motion to withdraw Anvari as lead plaintiff and to substitute Frunze as lead plaintiff (the "Substitution Motion") (Dkt. No. 196);
WHEREAS, in light of the recent addition of named plaintiffs, the proposed withdrawal of lead plaintiff Anvari, the pendency of the Substitution Motion, and the ongoing nature of discovery that the parties have served, the parties believe that it would be appropriate to continue the hearing on the Class Certification Motion and to set a briefing schedule that will allow the parties adequate time to complete relevant discovery and to brief relevant issues in advance of the hearing date; and
WHEREAS, this is the parties' first request to modify the schedule in connection with plaintiffs' Class Certification Motion;
IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, by the undersigned counsel on behalf of all parties as follows:
1. Defendants shall file their opposition to the Class Certification Motion on or before May 15, 2019;
2. Plaintiffs shall file their reply in support of the Class Certification Motion on or before July 15, 2019;
3. The hearing on the Class Certification Motion shall be continued to July 31, 2019, at 1:30 p.m., or such other date as is convenient for the Court; and
4. Except as expressly set forth herein, nothing in this stipulation shall be construed as waiving any of the parties' rights, including in connection with the Substitution Motion.
FILER'S ATTESTATION
Pursuant to Civil L. R. 5-1(i)(3), regarding signatures, Neal A. Potischman hereby attests that concurrence in the filing of the document has been obtained from all of the signatories above.
[PROPOSED] ORDER
PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
