UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
September 4, 2008
SEAN GUESS, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
US BANCORP; US BANCORP INVESTMENTS; U.S. BANK N.A.; U.S. BANK D/B/A U.S. BANK HOME MORTGAGE; AND DOES 1-50, DEFENDANTS.
The opinion of the court was delivered by: Jeremy Fogel, U.S.D.J
STIPULATION AND [PROPOSED] ) ORDER
The Honorable Jeremy Fogel
WHEREAS on March 19, 2008, the Court entered the parties' Stipulation and Proposed Order setting forth a briefing schedule for Plaintiff's Renewed Motion for Conditional Class Certification and Court Authorized Notice Pursuant to U.S.C. § 216(b) (the "Scheduling Order");
WHEREAS the Scheduling Order provided that Plaintiff will file his motion for class certification pursuant to Fed. R. Civ. P. 23 on or before 45 days following the hearing on Plaintiff's renewed motion for conditional class certification;
WHEREAS the Court held a hearing on Plaintiff's renewed motion for conditional class certification on July 18, 2008;
WHEREAS Plaintiff's motion for class certification pursuant to Fed. R. Civ. P. 23 is currently due on or before September 2, 2008;
WHEREAS the parties require additional time to conduct discovery, including depositions of out of state witnesses; and
WHEREAS the parties agree that Plaintiff may have an additional thirty (30) days to submit his motion for class certification pursuant to Fed. R. Civ. P. 23;
The parties hereby STIPULATE and agree as follows:
Plaintiff will file his motion for class certification pursuant to Fed. R. Civ. P. 23 no later than October 2, 2008;
Defendants will have forty-five (45) days to file an opposition;
Plaintiff will have thirty (30) days to file his reply.
DATED: August 28, 2008 SCHIFFRIN BARROWAY TOPAZ & KESSLER, LLP
Alan R. Plutzik L. Timothy Fisher
Joseph H. Meltzer Gerald D. Wells, III
Katherine B. Bornstein Robert J. Gray
Attorneys for Plaintiff SEAN GUESS
WINSTON & STRAWN LLP
Joan B. Tucker Fife
Attorneys for Defendants US BANCORP, US BANCORP INVESTMENTS, U.S. BANK N.A., U.S. BANK
SO ORDERED, this 4th day of September 2008.
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