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Parker v. J. M. Smucker Co., 3:13-cv-00690-SC. (2014)

Court: District Court, N.D. California Number: infdco20140529c83 Visitors: 1
Filed: May 28, 2014
Latest Update: May 28, 2014
Summary: STIPULATION AND [ PROPOSED ] ORDER CONTINUING CERTIFICATION BRIEFING AND HEARING DATES SAMUEL CONTI, District Judge. WHEREAS, on March 26, 2014, the Court granted a Stipulation and Proposed Order to Continue the briefing and hearing schedule on Plaintiff's Motion to Certify a Class in this action (the "Motion") (Docket No. 39), pursuant to which Plaintiff's Motion currently is due on or before May 30, 2014; Defendant's Opposition to that Motion is due on or before July 25, 2014; Plaintiff's Re
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STIPULATION AND [PROPOSED] ORDER CONTINUING CERTIFICATION BRIEFING AND HEARING DATES

SAMUEL CONTI, District Judge.

WHEREAS, on March 26, 2014, the Court granted a Stipulation and Proposed Order to Continue the briefing and hearing schedule on Plaintiff's Motion to Certify a Class in this action (the "Motion") (Docket No. 39), pursuant to which Plaintiff's Motion currently is due on or before May 30, 2014; Defendant's Opposition to that Motion is due on or before July 25, 2014; Plaintiff's Reply is due on or before August 22, 2014, and the hearing on the Motion is scheduled for September 19, 2014;

WHEREAS, since the Court entered that Order on March 26, 2014, the parties continued to meet and confer regarding discovery, Plaintiff deposed two employees of Defendant on three different topics pursuant to Federal Rule of Civil Procedure 30(b)(6) on May 13 and 20, 2014, respectively, and the parties have scheduled a third such deposition of another employee on three additional topics to be conducted on June 11, 2014;

WHEREAS, the dates of the depositions described above have been dictated by the witnesses' schedules;

WHEREAS, the Parties previously stipulated to continue the certification and briefing deadlines as described above (Docket No. 39), to enlarge Defendant's time to respond to the Complaint in this action (Docket Nos. 5, 7), to enlarge Defendant's time to respond to the Amended Complaint (Docket No. 16), to continue the case management conference and set a briefing schedule for Defendant's motion to dismiss that Amended Complaint (Docket Nos. 18-19), and to extend Defendant's time to answer the Amended Complaint following the Court's denial of the motion to dismiss (Docket No. 30); and

WHEREAS, the Parties agree that the schedule previously proposed by the Parties and adopted by the Court for briefing and hearing Plaintiff's Motion should be continued as set forth below to allow the discovery described above, including the June 11 deposition of Defendant, to proceed in advance of that briefing;

IT IS HEREBY STIPULATED, subject to the approval of the Court, that:

1. Plaintiff's Motion to Certify a Class should be due on or before June 25, 2014

2. Defendant's Opposition to that Motion should be due on or before August 20, 2014.

3. Plaintiff's Reply in Support of that Motion should be due on or before September 17, 2014.

4. The Hearing on Plaintiff's Motion should be set for October 10, 2014, or such other date as the Court may deem appropriate and convenient.

Dated: May 27, 2014 JENNER & BLOCK LLP By: /s/ Kenneth K. Lee Kenneth K. Lee DEAN N. PANOS (pro hac vice) 353 N. Clark Street Chicago, IL 60654 Telephone: 312/222-9350 312/527-0484 (fax) dpanos@jenner.com JENNER & BLOCK LLP KENNETH K. LEE (264296) KATE T. SPELMAN (269109) 633 West 5th Street, Suite 3600 Los Angeles, CA 90071-2054 Telephone: 213/239-5100 213/239-5199 (fax) klee@jenner.com kspelman@jenner.com

[PROPOSED] ORDER

Having reviewed the above Stipulation to Continue the briefing and hearing schedule on Plaintiff's Motion to Certify a Class in this action, and good cause appearing therefore, the Stipulation is GRANTED, and the schedule proposed by the Parties above is adopted by the Court.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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