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Tammi Pelton Cluck, Cedric v. Ikon Office Solutions

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, ...


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