Free Stipulation - District Court of California - California

Case 4:07-cv-02784-CW

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Filed 01/16/2008

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1 ERIC A. GROVER (SBN 136080) [email protected] 2 VALERIE L. SHARPE (Of Counsel) (SBN 191344) [email protected] 3 KELLER GROVER LLP 4 425 Second St., Suite 500 San Francisco, CA 94107 5 Telephone: (415) 543-1305 Fax: (415) 543-7861 6 7 Attorneys for Plaintiff 8 CATHERINE SULLIVAN 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA Case No.: CV 07-02784 CW CLASS ACTION 11 CATHERINE SULLIVAN, on behalf of herself 12 and all others similarly situated, 13 14 15 v. Plaintiff, STIPULATION AND [PROPOSED] ORDER TO EXTEND CERTAIN CASE DEADLINES SET BY CASE MANAGEMENT ORDER

KELLY SERVICES, INC., and DOES l 16 through 10 inclusive, 17 18 19 20 21 22 23 24 25 26 27 28
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Defendants.

STIPULATION AND [PROPOSED] ORDER TO EXTENDING CERTAIN CASE DEADLINES CASE NO. CV-07-02784 CW

Case 4:07-cv-02784-CW

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The parties, through their respective counsel, hereby stipulate as follows, and

2 mutually request the Court to approve this Stipulation and enter its Order accordingly: 3 4 STIPULATION WHEREAS Plaintiff filed the Complaint herein on April 20, 2007 and

5 subsequently filed a First Amended Complaint on July 27, 2007, and Defendant appeared and 6 answered when it removed the case to this Court; 7 8 2007; 9 WHEREAS at the initial case management conference the Court set a deadline of WHEREAS an initial case management conference was held on September 11,

10 February 22, 2008 for the cut off of class certification discovery and a deadline of May 22, 2008 11 for the filing of a motion for class certification; 12 WHEREAS the parties have exchanged initial disclosures and engaged in formal

13 discovery such as requesting and producing documents, propounding interrogatories, noticing 14 depositions of persons most knowledgeable, and appearing for Plaintiff's deposition; 15 WHEREAS although Defendant has worked diligently to provide discovery

16 responses, meet and confer over the discovery response, and provide supplemental responses, such 17 efforts have taken longer than anticipated by the parties; 18 WHEREAS the parties have been working cooperatively to keep the process of

19 discovery moving along; 20 WHEREAS despite the parties best efforts to comply with the deadlines set by the

21 initial case management order, the parties need additional time to adequately complete class 22 certification discovery and need to extend the deadline for Plaintiff to file her motion for class 23 certification; 24 WHEREAS Defendant intends to seek an order of Summary Judgment, pursuant to

25 Federal Rule of Civil Procedure, Rule 56 on the First Amended Complaint filed by Plaintiff and 26 shall not present, in support of its request for Summary Judgment, any evidence proffered by 27 experts; 28
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STIPULATION AND [PROPOSED] ORDER TO EXTENDING CERTAIN CASE DEADLINES CASE NO. CV-07-02784 CW

Case 4:07-cv-02784-CW

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Filed 01/16/2008

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WHEREAS the parties have mutually agreed to extend the deadline for completing

2 class certification discovery and the deadline for filing Plaintiff's motion for class certification; 3 THEREFORE, the parties request that the Court set a date for hearing Defendant's

4 motion for summary judgment on or after April 24, 2008. The parties further stipulate that the 5 deadline for completing class certification discovery that is currently scheduled for February 22, 6 2008 should be continued until May 22, 2008; the deadline to file Plaintiff's motion for class 7 certification that is currently set for May 22, 2008 should be continued until June 23, 2008; and 8 the hearing date for Plaintiff's class certification motion that is currently set for June 26, 2008 9 should be continued to July 31, 2008. Further, the deadline for initial class certification expert 10 witness disclosures that is currently scheduled for March 21, 2008 should be continued to April 11 24, 2008; the deadline for rebuttal class certification expert witness disclosure that is currently 12 scheduled for April 12, 2008 should be continued until May 15, 2008; and the deadline for 13 completion of class certification expert discovery that is currently scheduled for May 2, 2008 14 should be continued until June 3, 2008, all to allow the parties to adequately complete discovery. 15 16 Dated: January 16, 2008 17 18 19 20 21 Dated: January 16, 2008 22 23 24 25 26 27 28
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KELLER GROVER LLP

By: ____________/s/________________ ERIC A. GROVER Attorneys for Plaintiff Catherine Sullivan

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By: ____________/s/________________ DEREK HAVEL GEOFFREY D. DEBOSKEY LAUREN D. THIBODEAUX Attorneys for Defendant Kelly Services, Inc.

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STIPULATION AND [PROPOSED] ORDER TO EXTENDING CERTAIN CASE DEADLINES CASE NO. CV-07-02784 CW

Case 4:07-cv-02784-CW

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ORDER Good cause appearing, IT IS HEREBY ORDERED THAT Defendant's motion for summary judgment shall be heard on or after April 24, 2008. The deadline for completing class certification discovery that is currently scheduled for February 22, 2008 shall be continued until May 22, 2008; the deadline to file Plaintiff's motion for class certification that is currently set for May 22, 2008 shall be continued until June 23, 2008; and the hearing date for Plaintiff's class certification motion that is currently set for June 26, 2008 shall be continued to July 31, 2008. Further, the deadline for initial class certification expert witness disclosures that is currently scheduled for March 21, 2008 shall be continued to April 24, 2008; the deadline for rebuttal class certification expert witness disclosure that is currently scheduled for April 12, 2008 shall be continued until May 15, 2008; and the deadline for completion of class certification expert discovery that is currently scheduled for May 2, 2008 shall be continued until June 3, 2008 . _________________________________ CLAUDIA WILKEN United States District Court Judge

14 Date: _________________________ 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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STIPULATION AND [PROPOSED] ORDER TO EXTENDING CERTAIN CASE DEADLINES CASE NO. CV-07-02784 CW