UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
June 30, 2011
ARABELLA LEMUS, MALVIN A. AYALA,
AS INDIVIDUALS AND ON BEHALF OF ALL OTHERS THE HONORABLE SUSAN ILLSTON SIMILARLY SITUATED,
H&R BLOCK ENTERPRISES LLC (FKA H&R) ADJUDICATION BLOCK ENTERPRISES, INC., A MISSOURI
CORPORATION; AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Honorable Susan Illston United States District Judge
STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
Plaintiffs Arabella Lemus and Malvin A. Ayala ("Plaintiffs") and Defendant H&R Block
Enterprises LLC ("HRB") (collectively the "Parties"), through their respective counsel of record, 26 hereby stipulate and seek an order that the hearing on the Parties' Cross-Motions for SummaryJudgment/ Adjudication (the "Cross-Motions"), which is currently scheduled for July 8, 2011 at9:00 a.m., be continued to August 26, 2011 at 9:00 a.m.
WHEREAS, the Parties attended a mediation session with Hunter R. Hughes on May 24, 2011. The mediation was unsuccessful, and the Parties determined that a second scheduled 3 mediation session with Mr. Hughes, originally set for June 27, 2011, would not likely result in 4 progress toward a resolution of this matter. The Parties subsequently agreed, however, to a 5 second mediation with Antonio Piazza, of Gregorio, Haldeman, Piazza & Rotman. Given the 6 schedules of counsel, the Parties, and Mr. Piazza, the Parties will not be able to hold the second 7 mediation session until July 20, 2011. In order to allow the Parties to focus their efforts on 8 resolving this matter, the Parties agree it is in their best interests to delay the hearing on the Cross-Motions until a date after the second mediation. Counsel for HRB was informed by the Court's Clerk of available hearing dates in August 2011, and the Parties are available for the 11 hearing on August 26, 2011.
NOW THEREFORE, The Parties therefore respectfully request that the Court continue the hearing on the Cross-Motions to August 26, 2011 at 9:00 a.m.
Dated: June 29, 2011 MARLIN &SALTZMAN, LLP By: Louis M. Marlin Attorneys for Plaintiffs and the Class Dated: June 29, 2011 MORGAN,LEWIS &BOCKIUS, LLP By: /s/Rebecca D. Eisen Attorneys for Defendant H&R BLOCK ENTERPRISES LLC (fka H&R Block Enterprises, Inc.)
IT IS SO ORDERED.
ECF ATTESTATION I, Stephen L. Taeusch, am the ECF User whose ID and Password are being used to file this STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT/ADJUDICATION. In compliance with General Order 45 X.B, I hereby attest that Louis M. Marlin and Rebecca D. Eisen have concurred 6 in this filing. Dated: June 29, 2011 MORGAN, LEWIS & BOCKIUS LLP By /s/ Stephen L. Taeusch
Attorneys for Defendant
H&R BLOCK ENTERPRISES LLC
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