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Neu v. Terminix International

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


May 5, 2009

BARBARA NEU ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
TERMINIX INTERNATIONAL, INC., THE TERMINIX INTERNATIONAL COMPANY, THE SERVICEMASTER COMPANY, SERVICEMASTER CONSUMER SERVICES, SERVICEMASTER CONSUMER SERVICES LIMITED PARTNERSHIP, DEFENDANTS.

The opinion of the court was delivered by: The Honorable Claudia Wilken United States District Court Judge

FURTHER AMENDED STIPULATION AND PROPOSED ORDER REGARDING CASE MANAGEMENT DEADLINES

Plaintiff, BARBARA NEU, on behalf of herself and all others similarly situated ("Plaintiff"), and Defendants, TERMINIX INTERNATIONAL, INC., THE TERMINIX INTERNATIONAL COMPANY, THE SERVICEMASTER COMPANY, SERVICEMASTER CONSUMER SERVICES, INC., and SERVICEMASTER CONSUMER SERVICES LIMITED PARTNERSHIP ("Defendants"), hereby agree and stipulate to amending the Court's Case Management Order deadlines as follows:

1. On November 25, 2008, this Court amended its August 5, 2008 Case Management Order to reflect the parties' stipulated revised case management deadlines and hearing date for the Plaintiff's motion regarding class certification. This Court further amended certain deadlines regarding the inspection of the plaintiff's home and the plaintiff's deposition in Orders dated January 28, 2009 and March 10, 2009.

2. Due to additional unforeseen delays, the parties respectfully request that this Court further extend the case management deadlines and hearing date as set forth below.

3. The parties stipulate to the following amended discovery schedule:

Complete inspection of Neu property and Plaintiff's deposition: June 5, 2009 Disclosure of identities and reports of expert witnesses:

Plaintiff disclose: July 15, 2009

Depose before: August 15, 2009

Defendant disclose: September 15, 2009 Depose before: October 15, 2009

Completion of Fact Discovery: October 15, 2009

Class certification motion filed by Plaintiff: October 25, 2009

Opposition to motion filed by Defendants: November 25, 2009

Reply filed by Plaintiff: December 3, 2009

Court Hearing on motion: December 17, 2009, 2:00 p.m.

AMENDED STIPULATION AND PROPOSED ORDER

WHEREFORE, the parties respectfully request this Honorable Court to enter an Order granting this Motion and revising the discovery schedule and class certification motion deadlines and hearing in accordance with the parties' agreement as set forth herein.

ORDER

Upon stipulation of the parties hereto,

IT IS HEREBY ORDERED THAT the Court's Case Management Order is amended to adopt the foregoing stipulated revised deadlines and hearing date.

20090505

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