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Martin Murray, et al. v. Sears

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


December 20, 2010

MARTIN MURRAY, ET AL.
PLAINTIFF(S),
v.
SEARS, ROEBUCK AND CO., ET AL.
DEFENDANTS.

Mark Boling, State Bar No. 101589 maboling@earthlink.net 21986 Cayuga Lane Lake Forest, CA 92630 (949) 588-9222 (949) 588-7078 [fax] Clinton A. Krislov / Eve-Lynn Rapp (Admitted Pro Hac Vice) clint@krislovlaw.com / eve@krislovlaw.com KRISLOV & ASSOCIATES, LTD. 20 N. Wacker, Ste. 1350 Civic Opera House Chicago, Illinois 60606 (312) 606-0500 (312) 606-0207 [fax] Attorneys for Plaintiff

OTHER PARTIES' COUNSEL

SHOWN ON SIGNATURE PAGE

Class Action Civil Local Rule 16-10(c), (d)

STIPULATED REQUEST FOR ORDER SETTING CASE MANAGEMENT CONFERENCE AND ORDER

WHEREAS, on December 7, 2009, this action was removed from California state court to this Court.

WHEREAS, on May 11, 2010, this Court issued a Minute Order granting Defendants' Motion to Stay Proceedings as to discovery [Dkt. 87].

WHEREAS, on July 21, 2010, this Court granted Defendants' Motion to Strike Class Action Allegations and granted Plaintiff leave to amend his complaint [Dkt. 104].

WHEREAS, on July 28, 2010, Plaintiff filed a First Amended Complaint [Dkt. 106].

WHEREAS, on September 3, 2010, this Court denied Defendants' Motion to Strike Class Allegations from Plaintiff's First Amended Complaint, and lifted the stay on discovery allowing Plaintiff to commence discovery on his class claims [Dkt 120]. thereafter an Order was issued scheduling, inter alia, the completion of class discovery by April 29,

WHEREAS, on September 14, 2010, a Case Management Conference was held and 2011 and briefing/hearing schedule for Plaintiff's anticipated Motion for Class Certification with the 14 next Case Management Conference scheduled for July 28, 2011 at 2:00 p.m. in Courtroom 2 of the 15 above-entitled Court [Dkt. 126]. At the CMC hearing, the Court further scheduled the designation of 16 experts for class certification by February 18, 2011.

WHEREAS, on November 2, 2010, the United States Court of Appeals for the Seventh Circuit reversed the ruling of the United States District Court for the Northern District of Illinois in Thorogood v. Sears Roebuck & Co. regarding a motion for a permanent injunction and remanded the 20 case to the district court with instructions to issue an injunction. Thorogood v. Sears, Roebuck & Co., Case No. 10-2407(7th Cir. Nov. 2, 2010)(Thorogood III). A true and correct copy of the 22 appellate decision was filed by Sears in this case on November 3, 2010 [Dkt 129-1]. (Judicial Notice 23 is also requested under FRE 201 as a judicial record.) In so doing, the Seventh Circuit effectively 24 reversed this District Court's denial of Defendants' Motion to Strike Class Allegations in the First Amended Complaint in the Murray case.

initial hearing was held), with suggestion for rehearing en banc in Thorogood III.

WHEREAS, on November 16, 2010, Plaintiff Thorogood filed a Petition for Rehearing (no

WHEREAS, on December 2, 2010, the United States Court of Appeals for the Seventh Circuit denied Plaintiff Thorogood's Petition for Rehearing in Thorogood III. A true and correct 3 copy of the appellate order was filed by Sears in this case on December 3, 2010 [Dkt 131-1].

(Judicial Notice is also requested under FRE 201 as a judicial record.) schedule a further Case Management Conference for January 25, 2011, with a Joint Case

WHEREAS,pursuant to Civil Local Rule 16-10(c), Plaintiff hereby requests the Court to Management Conference Statement to be submitted by January 18, 2011 pursuant to Civil Local Rule 16-10(d). The purpose of such conference would be to discuss and seek the Court's guidance 9 with respect to the status of this case in light of the ruling in Thorogood III and the injunction to be 10 issued by the United States District Court for the Northern District of Illinois. Defendants do not 11 object to that request.

STIPULATION

NOW, THEREFORE, the parties hereby stipulate, by and through their undersigned attorneys 14 of record, to an Order of the Court that: 15

1. The next Case Management Conference in this action shall be held on January 25, 2011 at 2:00 p.m. in Courtroom 2 of the above-entitled Court; the Case Management Conference.

2. The parties shall file a Joint Case Management Statement no fewer than 7 days before

Dated: December 20, 2010

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

United States District Judge

20101220

© 1992-2010 VersusLaw Inc.



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