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Jessica Shughrou, An Individual, On v. Euromarket Designs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 16, 2012

JESSICA SHUGHROU, AN INDIVIDUAL, ON
BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
EUROMARKET DESIGNS, INC., AN
ILLINOIS CORPORATION, AND DOES 1 THROUGH 50, INCLUSIVE
DEFENDANTS.

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 24 Barrel's Motion for Partial Summary Judgment. (Dkt. No. 36.) 27

mediation, involving all seven of the Song-Beverly actions filed against Crate & Barrel. 2

Crate & Barrel's insurer, The Hartford, also participated in the mediation. 3

7. The parties made progress towards a settlement during the mediation, but did 4 not reach a final agreement. Mediator Infante has made a mediator's offer, which remains 5 open until next week. The parties are continuing their settlement discussion and wish to 6 focus their immediate efforts on settlement. As such, the parties jointly request the Court 7 continue the June 22, 2012 hearing on both motions to July 20, 2012 and set the following 8 briefing schedule for both motions: 9

(a) Opposition Briefs due for filing and service June 15, 2012; and

10

(b) Reply Briefs due for filing and service June 29, 2012.

IT IS SO STIPULATED.

Dated: April 13, 2012 13 11 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 14 15 By /s/ Brian R. Blackman CRAIG CARDON 16 BRIAN R. BLACKMAN 17 ELIZABETH S. BERMAN Attorneys for Defendant 18 EUROMARKET DESIGN, INC., 19 d/b/a CRATE & BARREL Dated: April 13, 2012 PATTERSON LAW GROUP 21 22 By /s/ Allison H. Goddard 20 ALLISON H. GODDARD 23 Attorneys for Plaintiff 24 JESSICA SHUGHROU and THE CLASS

ORDER

Having considered the parties' stipulation and good cause appearing, the Court 3 continues the hearings on Crate & Barrel's Motion for Partial Summary Judgment (Dkt. No. 4

30) and Plaintiff's Motion for Class Certification (Dkt. No. 35) to July 20, 2012 at 9:00 AM 5 in Courtroom 11, 19th Floor. The Court further orders the following briefing schedule for 6 both motions: 7

(a) Opposition Briefs due for filing and service June 15, 2012; and

(b) Reply Briefs due for filing and service June 29, 2012.

IT IS SO ORDERED. 10

20120416

© 1992-2012 VersusLaw Inc.



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