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Godhigh v. TVI, Inc., 3:16-cv-02874-WHO. (2016)

Court: District Court, N.D. California Number: infdco20161017a17 Visitors: 14
Filed: Oct. 14, 2016
Latest Update: Oct. 14, 2016
Summary: JOINT STIPULATION AND ORDER TO EXTEND THE TIME TO FILE DEFENDANTS' OPPOSITION AND PLAINTIFFS' REPLY TO PLAINTIFFS' MOTION FOR CONDITIONAL CERTIFICATION WILLIAM H. ORRICK , District Judge . Pursuant to Civil Local Rule 6-1(a), Defendants TVI, INC. D/B/A SAVERS and Value Village and SAVERS, LLC and Plaintiffs Earl Godhigh and Angela Osgood and, by and through their respective counsel of record, hereby stipulate as follows: WHEREAS, Plaintiffs served their Notice of Motion and Motion for Cond
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JOINT STIPULATION AND ORDER TO EXTEND THE TIME TO FILE DEFENDANTS' OPPOSITION AND PLAINTIFFS' REPLY TO PLAINTIFFS' MOTION FOR CONDITIONAL CERTIFICATION

Pursuant to Civil Local Rule 6-1(a), Defendants TVI, INC. D/B/A SAVERS and Value Village and SAVERS, LLC and Plaintiffs Earl Godhigh and Angela Osgood and, by and through their respective counsel of record, hereby stipulate as follows:

WHEREAS, Plaintiffs served their Notice of Motion and Motion for Conditional FLSA Collective Action Certification and Issuance of Notice on September 21, 2016;

WHEREAS, Defendants currently have until October 5, 2016 to answer or respond to Plaintiffs' Motion for Conditional Certification;

WHEREAS, Defendants have requested and Plaintiffs have consented to an additional 14 days for Defendants' to file their opposition to Plaintiffs' Motion for Conditional Certification;

WHEREAS, Defendants agree to toll the Fair Labor Standards Act claims, and only those claims, for the prospective members of the collective action for an additional 14 days from October 5 to 19, 2016;

WHEREAS, the parties agree that Plaintiffs' reply for the Motion for Conditional Certification shall be due 14 days following Defendants' filing of their opposition to Plaintiffs' Motion for Conditional Certification;

WHEREAS, an additional 14 days for Defendants' opposition and an additional 14 days for Plaintiffs' reply to the Motion for Conditional Certification will not alter the date of any event or any deadline already fixed by Court order;

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, that: (1) Defendants shall file their opposition to Plaintiffs' Motion for Conditional Certification no later than October 19, 2016; (2) Plaintiffs shall file their reply to Plaintiffs' Motion for Conditional Certification no later than November 2, 2016; (3) the Fair Labor Standards Act claims, and only those claims, for the prospective members of the collective action for an additional 14 days to October 19, 2016; and (4) the hearing on Plaintiffs' Motion be set for November 16, 2016, at 2:00 p.m., or as soon thereafter as the Court is available.

CERTIFICATION OF CONCURRENCE FROM ALL SIGNATORIES

I, Douglas G.A. Johnston, am the ECF user whose ID and password are being used to file this Joint Stipulation Regarding the Extension of Time to Oppose and Reply to Plaintiff's Motion for Conditional Certification. In compliance with N.D. Cal. Civ. L.R. 5-1(i)(3), I hereby attest that I have obtained the concurrence of each signatory to this document and have obtained authorization to use their electronic signature to sign this document.

Having considered the above stipulation by the parties, the Court Orders as follows: 1) Defendants shall file their opposition to Plaintiffs' Motion for Conditional Certification no later than October 19, 2016; (2) Plaintiffs shall file their reply to Plaintiffs' Motion for Conditional Certification no later than November 2, 2016; (3) the Fair Labor Standards Act claims, and only those claims, for the prospective members of the collective action for an additional 14 days to October 19, 2016; and (4) the hearing on Plaintiffs' Motion be set for November 16, 2016, at 2:00 p.m., or as soon thereafter as the Court is available.

IT IS SO ORDERED.

Source:  Leagle

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