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Lusk v. Five Guys Enterprises, LLC, 1:17-CV-00762-AWI-EPG. (2018)

Court: District Court, E.D. California Number: infdco20180910575 Visitors: 10
Filed: Sep. 06, 2018
Latest Update: Sep. 06, 2018
Summary: STIPULATION TO EXTEND CLASS CERTIFICATION MOTION DEADLINES; ORDER (ECF No. 27) ERICA P. GROSJEAN , Magistrate Judge . Plaintiff JEREMY R. LUSK ("Plaintiff") and Defendants FIVE GUYS ENTERPRISES, LLC, ENCORE FGBF, LLC, ("Defendants") ("collectively with Plaintiff, the "Parties"), through their respective counsel, herby stipulate to extend the class certification motion deadlines as follows: WHEREAS, on May 2, 2017, Plaintiff filed putative class action in the Kings Superior Court alleging
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STIPULATION TO EXTEND CLASS CERTIFICATION MOTION DEADLINES; ORDER

(ECF No. 27)

Plaintiff JEREMY R. LUSK ("Plaintiff") and Defendants FIVE GUYS ENTERPRISES, LLC, ENCORE FGBF, LLC, ("Defendants") ("collectively with Plaintiff, the "Parties"), through their respective counsel, herby stipulate to extend the class certification motion deadlines as follows:

WHEREAS, on May 2, 2017, Plaintiff filed putative class action in the Kings Superior Court alleging Defendants' various violations of the Labor Code and the Fair Credit Reporting Act; WHEREAS, on June 2, 2017, Defendants removed the action to this Court;

WHEREAS, the Court ordered the following briefing schedule for Plaintiff's anticipated Motion for Class Certification: Motion for Class Certification on August 3, 2018, Defendants' Opposition to Motion for Class Certification on September 3, 2018, Plaintiff's Reply to Opposition to Motion for Class Certification on September 18, 2018;

WHEREAS, the Parties met and conferred and agreed to attend private mediation with Deborah Crandall Saxe of JAMS;

WHEREAS, because the mediation with Ms. Saxe was previously scheduled for August 22, 2018, and pursuant to the Parties' stipulation filed on June 25, 2018, this Court continued the initial briefing schedule as follows: Motion for Class Certification due on October 2, 2018, Defendants' Opposition to Motion for Class Certification due on November 2, 2018, and Plaintiff's Reply to Opposition to Motion for Class Certification due on November 19, 2018;

WHEREAS, due to changes in Ms. Saxe's availability, the August 22, 2018 mediation was cancelled and rescheduled for October 10, 2018;

WHEREAS, the Parties have met and conferred and agree that it would be in the interest of justice and preservation of time and resources for the Parties and the Court to complete mediation before Plaintiff files his motion for class certification;

WHEREAS, in light of the above, the Parties have agreed to enter into a Stipulation that will seek an Order to extend the deadlines for the anticipated briefing schedule for motion for class certification;

WHEREAS, the Parties have agreed that, except as otherwise stated, nothing in this Stipulation shall operate as a waiver of any rights they may have in this action;

THEREFORE, the Parties enter into a Stipulation respectfully seeking an Order to extend the class certification briefing schedule as follows:

Current Deadline Requested Deadline Last Day to File Class October 2, 2018 December 3, 2018 Certification Motion Last Day to File Opposition November 2, 2018 January 3, 2019 to Class Certification Motion Last Day to File Reply in November 19, 2018 January 17, 2019 support of Class Certification Motion Hearing on Class Currently Not Set A Date Most Convenient for Certification Motion the Court

ORDER

For good cause, and pursuant to the parties' stipulation (ECF No. 27), the parties' request to extend the time for the class certification briefing schedule is GRANTED as follows:

Last Day to File Class Certification Motion December 3, 2018 Last Day to File Opposition to Class January 3, 2019 Certification Motion Last Day to File Reply in support of Class January 17, 2019 Certification Motion February 4, 2019, at 10:30 a.m., in Courtroom 2 Hearing on Class Certification Motion before the Honorable Anthony W. Ishii, United States Senior District Court Judge.

IT IS SO ORDERED.

Source:  Leagle

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