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Luke Halton and Dennis Bier v. Valspar Corporation and Subsidiaries

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 22, 2011

LUKE HALTON AND DENNIS BIER,
INDIVIDUALLY AND ON BEHALF OF ALL OTHER SIMILARLY SITUATED CURRENT AND FORMER
EMPLOYEES, PLAINTIFFS,
v.
VALSPAR CORPORATION AND SUBSIDIARIES, A DELAWARE CORPORATION, AND DOES 1 THROUGH 10, INCLUSIVE,
DEFENDANTS.

JOINT STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

The parties to the above-referenced action stipulate as follows: WHEREAS, on March 3, 2011, the Court issued its Status (Pretrial Scheduling) Order (Docket No. 16) setting the following pretrial deadlines:

1. Pre-certification discovery cut-off: August 15, 2011;

2. Plaintiff's Motion for Class Certification: December 16, 2011;

3. Defendant's Opposition: December 30, 2011;

4. Plaintiff's Reply: January 6, 2012; and

5. Hearing on Class Certification: January 13, 2012.

WHEREAS, the parties are engaging in discovery;

WHEREAS, the parties have not yet finalized a stipulated protective order, in part, because Defendant must ensure that any such order complies with its obligations to third parties;

WHEREAS, the parties intend to continue working toward completing discovery and agree that additional time is necessary to prepare for class certification;

WHEREAS, the parties have met and conferred to determine a schedule for briefing and hearing the Plaintiff's Motion for Class Certification that accommodates previously scheduled travel and unavailability of counsel;

THE PARTIES THEREFORE STIPULATE AND REQUEST THAT the Court vacate the above-referenced deadlines, and set new deadlines as follows:

1. Pre-certification discovery cut-off: December 16, 2011;

2. Plaintiff's Motion for Class Certification: January 31, 2012;

3. Defendant's Opposition: February 14, 2012;

4. Plaintiff's Reply: February 21, 2012; and

5. Hearing on Class Certification: March 20, 2012.

DATED: July 22, 2011

KHORRAMI POLLARD & ABIR LLP 2 By: /s/ Launa Adolph Shawn Khorrami Robert J. Drexler, Jr. Launa Adolph KHORRAMI POLLARD & ABIR, LLP 444 S. Flower Street, 33rd Floor Los Angeles, CA 90071 Telephone: (213) 596-6000 Facsimile: (213) 596-6010 Andrew J. Sciolla (Pro Hac Vice) POGUST, BRASLOW & MILLROODLLC Eight Tower Bridge, Suite 1520 161 Washington Street Conshohocken, PA 19428 Telephone: (610) 941-4204 Facsimile: (610) 941-4245 Attorneys for Plaintiffs, LUKE HALTON and DENNIS BIER DATED: July 22, 2011 WINSTON & STRAWN LLP By: /s/ Emilie C. Woodhead Joan B. Tucker Fife WINSTON & STRAWN LLP 101 California Street, Suite 3900 San Francisco, CA 94111 Telephone: (415) 591-1000 Facsimile: (415) 591-1400 Emilie C. Woodhead WINSTON & STRAWN LLP 333 South Grand Avenue Los Angeles, CA 90071 Telephone: (213) 615-1700 Facsimile: (213) 615-1750 Attorneys for Defendant, VALSPAR CORPORATION Having considered the Joint Stipulation submitted by the parties and, GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT the pre-trial deadlines shall be set as follows: 4 1. Pre-certification discovery cut-off: December 16, 2011; 2. Plaintiff's Motion for Class Certification: January 31, 2012; 3. Defendant's Opposition: February 14, 2012; 4. Plaintiff's Reply: February 21, 2012; and 5. Hearing on Class Certification: March 23, 2012.

IT IS SO ORDERED.

20110722

© 1992-2011 VersusLaw Inc.



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