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Juarez v. Jani-King of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 16, 2010

ALEJANDRO JUAREZ, MARIA JUAREZ, LUIS A. ROMERO, AND MARIA PORTILLO, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
JANI-KING OF CALIFORNIA, INC., A TEXAS CORPORATION; JANI-KING, INC., A TEXAS CORPORATION; JANI-KING INTERNATIONAL, INC., A TEXAS CORPORATION; AND DOES 1 THROUGH 20, INCLUSIVE, DEFENDANTS.

STIPULATION PER LOCAL RULE 6-2 AND [Proposed] ORDER TO VACATE OR CONTINUE STATUS CONFERENCE

INC., and JANI-KING INTERNATIONAL, INC. ("Defendants") (collectively, the "Parties"), 5 through their counsel, hereby stipulate and agree that: to Certify the Class [Dkt. No. 93], denying Plaintiffs' initial Motion to Certify Class and ordering 8, 2010, with a hearing set on the Amended Motion for December 3, 2010; papers to the Amended Motion on or before November 12, 2010, and Plaintiffs intend to file their

WHEREAS, after the filing of the papers in support and opposition to the Amended Motion, the parties intend to prepare for and argue the Amended Motion at the hearing set by this Court for

WHEREAS on November 9, 2010, the Court issued a Clerk's Notice setting this matter for a Status Conference on Friday, November 19, 2010, at 10 a.m. [Dkt. No. 106]; briefing and argument of the pending Amended Motion, the parties propose that the Status Court issues its ruling on the Amended Motion, or in the alternative, be continued to coincide with the hearing on the Amended Motion on December 3, 2010.

WHEREAS, on September 24, 2010, the Court entered its Order Denying Plaintiffs' Motion Plaintiffs to file an Amended Motion to Certify Class (the "Amended Motion") no later than October 9

WHEREAS, on October 8, 2010, Plaintiffs filed their Amended Motion;

WHEREAS, as required by the Local Rules, Defendants intend to file their Opposition Reply papers on or before November 19, 2010; 14 December 3, 2010;

WHEREAS, in the interest of judicial economy and so that the parties may complete their Conference set for November 19, 2010, either be vacated to be reset approximately 30 days after the ACCORDINGLY, based on the foregoing, the parties hereby stipulate and propose to the Court that the Status Conference set for November 19, 2010, be vacated or continued to December 3, 26

IT IS SO STIPULATED.

DATED: November 11, 2010 THE STURDEVANT LAW FIRM PURSUANT TO STIPULATION, IT IS ORDERED that the Status Conference set for November 19, 2010 is hereby vacated [is continued until December 3, 2010]. January 21, 2011

Additional Counsel For Plaintiffs and the Putative Class: MARK TALAMANTES (SBN 187961) (mark@e-licenciados.com) JENNIFER A. REISCH (SBN 223671) (jennifer@e-licenciados.com) TALAMANTES VILLEGAS CARRERA, LLP San Francisco, California 94133 170 Columbus Ave, Suite 300 Telephone: (415) 989-8000 Facsimile: (415) 989-8028 SHANNON LISS-RIORDAN (BBO #640716) (Pro Hac Vice) (sliss@llrlaw.com) HILLARY SCHWAB (BBO #666029) (Pro Hac Vice) (hschwab@llrlaw.com) LICHTEN & LISS-RIORDAN, P.C. 100 Cambridge Street, 20th Floor Boston, MA 02114 Telephone: (617) 994-5800 Facsimile: (617) 994-5801 For Defendants Jani-King of California, Inc., et al.:

KERRY L. BUNDY (MN Bar No. 266917) (Pro Hac Vice) (kbundy@faegre.com)

AARON VAN OORT (MN Bar No. 315539) (Pro Hac Vice) (avanoort@faegre.com)

EILEEN M. HUNTER (MN Bar No. 336336) (Pro Hac Vice) (ehunter@haegre.com)

FAEGRE & BENSON, LLP 2200 Wells Fargo Center 90 South Seventh Street

Minneapolis, MN 55402 Telephone: (612) 766-7000 21 Facsimile: (612) 766-1600

20101116

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