Filed: Dec. 04, 2015
Latest Update: Dec. 04, 2015
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND CLASS CERTIFICATION REPLY DEADLINE AND HEARING DATE RICHARD SEEBORG , District Judge Plaintiff PAYAL PATEL ("Plaintiff") and Defendant NIKE RETAIL SERVICES, INC. ("Defendant") (collectively, the "Parties"), by and through their respective counsel, hereby stipulate as follows: WHEREAS, Plaintiff filed a Motion for Class Certification on September 25, 2015 with seven declarations of putative class members, which was set to be heard on Decembe
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND CLASS CERTIFICATION REPLY DEADLINE AND HEARING DATE RICHARD SEEBORG , District Judge Plaintiff PAYAL PATEL ("Plaintiff") and Defendant NIKE RETAIL SERVICES, INC. ("Defendant") (collectively, the "Parties"), by and through their respective counsel, hereby stipulate as follows: WHEREAS, Plaintiff filed a Motion for Class Certification on September 25, 2015 with seven declarations of putative class members, which was set to be heard on December..
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STIPULATION AND [PROPOSED] ORDER TO EXTEND CLASS CERTIFICATION REPLY DEADLINE AND HEARING DATE
RICHARD SEEBORG, District Judge
Plaintiff PAYAL PATEL ("Plaintiff") and Defendant NIKE RETAIL SERVICES, INC. ("Defendant") (collectively, the "Parties"), by and through their respective counsel, hereby stipulate as follows:
WHEREAS, Plaintiff filed a Motion for Class Certification on September 25, 2015 with seven declarations of putative class members, which was set to be heard on December 10, 2015;
WHEREAS, the Court granted the Parties' Stipulation to Extend Class Certification Opposition and Reply Deadlines in order to provide additional time for Plaintiff to make her seven declarants available for deposition, extending Defendant's deadline to file its opposition from November 6, 2015 until December 1, 2015, extending Plaintiff's deadline to file her reply from November 20, 2015 to December 17, 2015, and continuing the hearing to January 14, 2016. [Doc No. 46].
WHEREAS, Plaintiff's current deadline to file her Reply to Defendant's Opposition to Plaintiff's Motion for Class Certification is December 17, 2015;
WHEREAS, Plaintiff's counsel seeks to complete the depositions of individuals who submitted declarations in support of Defendant's Opposition to the Motion for Class Certification to prepare the reply in support of class certification;
WHEREAS, depositions cannot be completed and digested in time for Plaintiff to file the reply brief by December 17, 2015;
WHEREAS, the Parties have agreed that no deposition will be taken prior to January 4, 2016, due to the deponents unavailability before that date;
WHEREAS, the Parties have agreed that it is appropriate to extend the deadline for Plaintiff to file its Reply in support of Plaintiff's Motion for Class Certification to allow the depositions to take place;
WHEREAS, the Parties have agreed to the following briefing schedule, subject to Court approval:
• Plaintiff's reply in support of the Motion for Class Certification shall be filed on January 22, 2016;
• The hearing for Plaintiff's Motion for Class Certification shall be February 11, 2016 at 1:30 p.m., or a date convenient for the Court's calendar
WHEREAS, the Parties submit this stipulation in good faith and not for the purpose of delay or for any other improper purpose.
IT IS HEREBY STIPULATED.
PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
