Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Luke Halton and Dennis Bier, Individually and On Behalf of All v. Valspar Corporation and Subsidiaries

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 23, 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.

Shawn Khorrami, SBN 180411 skhorrami@kpalawyers.com Robert J. Drexler, Jr., SBN 119119 rdrexler@kpalawyers.com Launa Adolph, SBN 227743 ladolph@kpalawyers.com KHORRAMI POLLARD & ABIR LLP 444 S. Flower St., Thirty-Third Floor Los Angeles, California 90071 Telephone: (213) 596-6000 Facsimile: (213) 596-6010 Attorneys for Plaintiffs Joan B. Tucker Fife, SBN 144572 jfife@winston.com WINSTON & STRAWN LLP 101 California Street, Suite 3900 San Francisco, CA 94111 Telephone: (415) 591-1000 Facsimile: (415) 591-1400 Attorneys for Defendant ADDITIONAL COUNSEL LISTED ON SIGNATURE PAGE

AMENDED JOINT STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

The parties to the above-referenced action stipulate as follows:

WHEREAS, the Court has set the following deadlines relating to class certification:

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.

(Docket No. 24.)

WHEREAS, Plaintiffs' operative complaint contains claims regarding alleged meal and rest period violations under California law;

WHEREAS, the case of Brinker Restaurant Corp. et al. v. Superior Court of San Diego County (Hohnbaum et al., Real parties in Interest) ("Brinker"), which is currently under consideration of the California Supreme Court, involves questions of how to interpret and apply California meal and rest period law;

WHEREAS, the California Supreme Court is set to hear oral argument on November 8, 2011;

WHEREAS, the parties believe that the California Supreme Court will issue a decision within 90 days;

WHEREAS, the meal and rest break issues to be decided by the California Supreme Court in Brinker are relevant to the legal issues in this case relating to class certification;

WHEREAS, the parties believe that a short continuance of the briefing schedule and hearing on Plaintiff's Motion for Class Certification is appropriate to allow the parties to brief, and the Court to hear, the Motion for Class Certification with the benefit of the California Supreme Court's opinion in Brinker;

WHEREAS, the parties have met and conferred to determine a schedule for briefing and hearing the Plaintiff's Motion for Class Certification that allows the parties sufficient time to brief this motion after the Supreme Court issues an opinion in Brinker and takes into consideration counsel's trial calendars;

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: April 30, 2012;

2. Plaintiff's Motion for Class Certification: May 28, 2012;

3. Defendant's Opposition: June 12, 2012;

4. Plaintiff's Reply: June 19, 2012; and

5. Hearing on Class Certification: June 29, 2011.

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:

1. Pre-certification discovery cut-off: April 30, 2012;

2. Plaintiff's Motion for Class Certification: May 28, 2012;

3. Defendant's Opposition: June 12, 2012;

4. Plaintiff's Reply: June 19, 2012; and

5. Hearing on Class Certification: June 29, 2012.

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

20111123

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.