The opinion of the court was delivered by: Judge: Hon. Frank C. Damrell, Jr.
STIPULATION AND ORDER TO RESET HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION
IT IS HEREBY RESPECTFULLY REQUESTED AND STIPULATED, by and between the parties hereto, that Plaintiffs' Motion for Class Certification be reset from March 29, 2009, to July 24, 2009.
Plaintiffs' Motion for Class Certification is scheduled to be filed this Friday, March 13, 2009. Defendants' opposition is presently scheduled to be filed on April 10, 2009. Pre-Certification discovery has been completed and, prior to filing a motion for class certification, it is necessary for the parties to meet to discuss whether the matter will proceed as a class action or not.
Plaintiffs' counsel, Mark E. Merin, who will be arguing this motion, is lead counsel in a medical malpractice trial involving a dozen expert witnesses in Fresno, California, which is set to begin on March 23, 2009 (Ramirez v. Huljev, Case No. 07CECB03673), and he has been traveling around the country for the past weeks taking depositions of experts and preparing for trial. Mr. Merin is also preparing for the recently noticed en banc oral argument which the US Court of Appeals, Ninth Circuit, has set for March 26, 2009 (Bull v. San Francisco, Case No. 05-17080).
Defendants' counsel, Terence J. Cassidy, who will be arguing this motion for class certification, is scheduled to be out of the office during the month of April when their opposition to this motion will be due.
The Final Pre-Trial Conference is scheduled for April 9, 2010, and resetting the hearing on Plaintiffs' Motion for Class Certification to July 24, 2009, will still allow the parties time for post-certification discovery.
The parties respectfully request that the Court continue the hearing on Plaintiffs' Motion for Class Certification to July 24, 2009. Plaintiffs' motion shall be filed no later than May 11, 2009; defendants' opposition no later than June 4, 2009; and plaintiffs' reply no later than June 29, 2009.
Respectfully submitted, LAW OFFICE OF MARK E. MERIN Mark E. Merin Attorneys for Plaintiffs
Respectfully submitted, PORTER SCOTT Terence J. Cassidy Attorneys for Defendants
IT IS HEREBY ORDERED that the hearing on Plaintiffs' Motion for Class Certification be reset to July 24, 2009, at 10:00 a.m., in Courtroom 2, 15th Floor. Plaintiffs' motion shall be filed no later than May 11, 2009. ...