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Thomas v. Home Depot U.S.A.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


January 2, 2009

ERIK ALAN THOMAS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED AND AS A PRIVATE ATTORNEY GENERAL,, PLAINTIFF,
v.
HOME DEPOT U.S.A., INC., A DELAWARE CORPORATION, AND DOES 1 THROUGH 25, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Susan Illston United States District Judge

OLD DATE: January 16, 2009

NEW DATE: March 13, 2009

STIPULATION AND [PROPOSED] ORDER CONTINUING FURTHER CASE MANAGEMENT CONFERENCE

IT IS HEREBY STIPULATED by and between Plaintiff, Eric Alan Thomas, and Defendant, Home Depot U.S.A., Inc., through their counsel of record, that the further case management conference currently set for Friday, January 16, 2008 at 2:30 p.m. shall be continued until Friday, March 13, 2009, at 2:30 p.m., based on the following:

1. On June 4, 2008, the Court entered an Order staying this action in favor of the Home Depot Employment Cases, Judicial Council Coordination Proceeding No. 4384, pending in the Los Angeles Superior Court. The Court ordered that the parties provide status reports regarding the Los Angeles litigation every 60 days, and also set a further case management conference for November 14, 2008, at 2:30 p.m. The Court directed the parties to file a joint status statement one week in advance of the conference.

2. On September 29, 2008, Defendant's counsel reported that the parties are in the midst of briefing the issue of class certification in the Los Angeles litigation. The hearing on plaintiffs' motion for class certification, previously set for October 23, 2008, was moved to December 10, 2008.

3. The Los Angeles Superior Court did not hear the motion for class certification on December 10, 2008. Instead, the Court elected to appoint a referee to issue recommended rulings on the numerous evidentiary objections. The referee is expected to conclude his work in early January, and the Court indicated its intent to reschedule the hearing on the motion for class certification for a date in February 2009.

4. The parties agree that there will be nothing significant to report to this Court until the Los Angeles Superior Court rules on the class certification motion. At this point, the parties expect a ruling by March 2009 and, on that basis, stipulate to continue the further case management conference to March 13, 2009, at 2:30 p.m.

IT IS SO STIPULATED.

Dated: January 2, 2009

BAILEY PINNEY, PC JOSE R. MATA By Susan Simmons Seemiller Attorneys for Plaintiff Erik Thomas

Dated: January 2, 2009

AKIN GUMP STRAUSS HAUER & FELD LLP GREGORY W. KNOPP By Gary M. McLaughlin Attorneys for Defendant Home Depot U.S.A., Inc.

ORDER

IT IS SO ORDERED. The further case management conference shall be continued to Friday, March 13, 2009, at 2:30 p.m. The parties are directed to file a joint status statement one week in advance of the conference.

20090102

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