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Tammi Pelton Cluck, Cedric v. Ikon Office Solutions

UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO


March 6, 2012

TAMMI PELTON CLUCK, CEDRIC
HEFFNER, ALAN KABAKOFF, AND BRIAN SWANSON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
v.
IKON OFFICE SOLUTIONS, INC., AN OHIO CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Jeffrey S. White

SEYFARTH SHAW LLP Francis J. Ortman III (SBN 213202) 2 E-mail: fortman@seyfarth.com Kimberly G. Brener (SBN 244531) 3 E-mail: kbrener@seyfarth.com 560 Mission Street, 31st Floor 4 San Francisco, California 94105 Telephone: (415) 397-2823 5 Facsimile: (415) 397-8549 6 Raymond R. Kepner (SBN 90093) E-mail: rkepner@seyfarth.com 7 Sara M. Poggi (SBN 259469) E-mail: spoggi@seyfarth.com 8 333 S. Hope Street, Suite 3900 Los Angeles, California 90071 9 Telephone: (213) 270-9600 Facsimile: (213) 270-9601 10 Attorneys for Defendant 11 IKON OFFICE SOLUTIONS, INC. 12 HAMMONDLAW, PC Julian Hammond (SBN 268489) 13 E-mail: Hammond.julian@gmail.com 1180 S. Beverly Drive, Suite 601 14 Los Angeles, California 90035 Telephone: (310) 601-6766 15 Facsimile: (310) 295-2385 16 Attorney for Plaintiffs TAMMI PELTON CLUCK, CEDRIC HEFFNER, 17 ALAN KABAKOFF and BRIAN SWANSON 18

STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE 23 HEARING ON THE MOTION TO Plaintiffs, ) DISMISS AND STRIKE, THE MOTION TO STAY OR TRANSFER, AND THE CASE MANAGEMENT CONFERENCE UNTIL APRIL 20, 2012

Complaint Filed: October 12, 2011

FAC Filed: November 30, 2011

Alan Kabakoff, and Brian Swanson (collectively, the "Plaintiffs") and Defendant IKON Office 3 Pursuant to Local Rule 6-2 and 7-12, Plaintiffs Tammi Pelton Cluck, Cedric Heffner, Solutions, Inc. ("IKON") (collectively, the "Parties"), by and through their undersigned counsel, 4 hereby stipulate as follows: 5 Whereas, IKON filed its Motion to Dismiss and/or Motion to Strike the Class Allegations 7 in Plaintiffs' First Amended Complaint (hereinafter the "Motion to Dismiss and Strike") on 8 Hammond ("Hammond Decl.") ¶ 2). The hearing on IKON's Motion to Dismiss and Strike is 10 currently scheduled for April 13, 2012 at 9:00 a.m. (Id.). 11 "Motion to Stay/Transfer") on November 22, 2011 and a Notice of Pendency of Other Actions or 13

RECITALS

January 3, 2012. Plaintiffs filed an Opposition on January 17, 2012. (See Declaration of Julian 9

Whereas, IKON filed a Motion to Stay, or in the alternative, Transfer Action (hereinafter

Proceedings on November 21, 2011. (Id. at ¶ 3). Plaintiffs filed their Opposition to the Motion 14 to Stay/Transfer on December 4, 2011 and IKON filed its Reply on December 11, 2011. (Id.). 15 IKON subsequently filed an Administrative Motion Re: Continued Validity of Motion to Stay, or 16 in the Alternative, to Transfer Action Despite Changed Circumstances (hereinafter, the 17

"Administrative Motion"), on January 9, 2012. (Id. at ¶ 4). Plaintiffs filed their Opposition to 18 this Administrative Motion on February 13, 2012. (Id.). The hearing on IKON's Motion to 19

Whereas, on November 8, 2011, the Court issued an Order Setting Case Management Conference and Requiring Joint Case Management Statement (the "Order") in this action. (Id. at 22 2012 at 1:30 p.m. (Id.). 24

Management Conference to April 13, 2012 at 9:00 a.m. (the same date and time as the hearings 26 on the pending Motions) and further stipulated to enlarge the time on the briefing schedules for 27 the Motion to Dismiss and Strike and Motion to Stay/Transfer. The Court approved the Parties' 28 Stipulation and [Proposed] Order For Continuances of the Hearing on the Motion to Dismiss and Strike and the

Motion to Stay/ Transfer and the Case Management Conference/ Case No. CV 11 5027 JSW Stay/Transfer is currently scheduled for April 13, 2012 at 9:00 a.m. (Id. at ¶ 4). 20

¶ 5). The Court's Order set the initial Case Management Conference for Friday, February 3, 23

Whereas, on January 12, 2012 the Parties entered a stipulation continuing the Case Stipulation and altered the date/time of the Case Management Conference and revised the 2 Parties' briefing schedule on such Motions by Order dated January 18, 2012. 3 4 with his ability to appear on April 13, 2012, Plaintiffs requested that IKON stipulate to a 5 continuance (until April 20, 2012) of the above-referenced hearings and Case Management 6

Whereas, the Parties have agreed to continue the hearings on the Motion to Dismiss and Strike and the Motion to Stay/Transfer for 7 days and to continue the currently scheduled Case 9 Conference are scheduled for April 20, 2012 at 9:00 a.m. (Id. at ¶ 8). 11 12 this case, with the exception of two other stipulations enlarging the time for IKON to respond to 13 ¶ 11). 15

16 and the Motion to Stay/Transfer for 7 days, and to continue the currently scheduled Case 17 Management Conference, in view of the fact that Plaintiffs' counsel's religious observance 18 interferes with his ability to appear on the scheduled day. (Id. at ¶ 7 and 12). Without such a 19 continuance and postponement, Plaintiffs' counsel would otherwise be unable to attend the 20 scheduled hearings on the Motion to Dismiss and Strike and the Motion to Stay/Transfer and the 21 Case Management Conference. (Id.). 22

Now, therefore, it is hereby stipulated by, between, and among the Parties through their 24 respective counsel, that the hearings on the Motion to Dismiss and Strike and the Motion to Stay/ 25 Transfer and the Case Management Conference (and all related dates) be continued as follows: 26 27 28 the Motion to Stay/Transfer be continued 7 days, to April 20, 2012 at 9:00 a.m. (Id. at ¶ 7).

Stipulation and [Proposed] Order For Continuances of the Hearing on the Motion to Dismiss and Strike and the Motion to Stay/ Transfer and the Case Management Conference/ Case No. CV 11 5027 JSW

Whereas, to accommodate Plaintiffs' counsel's religious observance, which interferes Conference and IKON agreed. (Id. at ¶ 7). 7

Management Conference for 7 days, such that both hearings and the Case Management 10 Whereas, as of the date of this Stipulation, there have been no other time modifications in Plaintiffs' complaints (pursuant to Local Rule 6-1(a)) and the stipulation described above. (Id. at 14

Whereas good cause exists to continue the hearings on the Motion to Dismiss and Strike

STIPULATION

(1) The Parties hereby stipulate that the hearings on the Motion to Dismiss and Strike and

(2) The Parties further agree that the Case Management Conference currently scheduled 2 with the Court on Friday, April 13, 2012 at 9:00 a.m. be continued to April 20, 2012 at 9:00 3 a.m. (the same date and time as the stipulated hearing date for IKON's Motion to Dismiss and 4

Strike and Motion to Stay/Transfer). The Parties further stipulate and agree and that all dates 5 corresponding to the Case Management Conference also be continued and calculated from the 6 new Conference date (e.g., the Parties' Joint Case Management Statement would be due April 7 13, 2012). 8

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Hon. Jeffrey S. White

20120306

© 1992-2012 VersusLaw Inc.



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