The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Judge
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARINGS ON MOTION FOR PARTIAL SUMMARY JUDGMENT AND MOTION FOR CLASS CERTIFICATION AND SETTING BRIEFING SCHEDULE
Date: June 22, 2012 Time: 9:00 a.m.
Courtroom: 11, 19th Floor The Honorable Jeffrey S. White
Plaintiff Jessica Shughrou ("Plaintiff") and defendant Euromarket Design, Inc., d/b/a 2 Crate & Barrel ("Crate & Barrel"), by and through their counsel, stipulate: 3
Amended Complaint on September 29, 2011. (Dkt. Nos. 1 & 17.) The Amended Complaint 5 alleges defendant Crate & Barrel violated the Song-Beverly Credit Card Act, California 6 Civil Code § 1747/08, et seq. ("Song-Beverly"), and committed various related torts, by 7 requesting and recording Plaintiff's Zip Code during a credit card transaction in California. 8
2. After the Court denied Crate & Barrel's Motion to Strike or Dismiss Portions 10 of the Amended Complaint, Crate & Barrel answered the Amended Complaint on January 3, 11
3. Six other class action complaints have been filed against Crate & Barrel, 13 alleging generally the same violation of Song-Beverly that is alleged in the present action. 14
Court and related to this action. 16
Judgment, seeking judgment on Plaintiff's first claim for violation of Song-Beverly, with a 18 hearing date of June 22, 2012. (Dkt. No. 30.) By stipulation and order the Court set a 19 briefing schedule on this motion such that Plaintiff's Opposition and Crate & Barrel's Reply 20 are due May 9 and 25, 2012, respectively. (Dkt. No. 34.) 21
5. On April 10, 2012, Plaintiff filed her Motion for Class Certification with a 22 hearing date set for June 15, 2012. (Dkt. No. 35.) Crate & Barrel's Opposition and 23
Plaintiff's motion, there has been no discovery taken in this matter to date. The Court 25 continued the hearing on Plaintiff's motion to June 22, 2012 to coincide with Crate & 26
6. On April 11, 2012, Plaintiff and Crate & Barrel participated in a full day 28 mediation before Judge Edward Infante (Ret.) at JAMS in San Francisco. This was a global
1. Plaintiff initiated this action on May 11, 2011 and filed her operative First 4 (Dkt. No. 17.) 9 2012, alleging various defenses. (Dkt. No. 27.) 12
All of those cases, expect one (which remains in state court), have been transferred to this 15 4. On March 26, 2011, Crate & Barrel filed a Motion for Partial Summary 17 Plaintiff's Reply are due April 24, 2012 and June 1, 2012, respectively. As noted in ...