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Tokoshima v. Pep Boys-Manny Moe & Jack of California

United States District Court, Ninth Circuit

November 25, 2013

STEVE TOKOSHIMA, LUIS FLORES, and JAMES FABER, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs,
v.
THE PEP BOYS — MANNY MOE & JACK OF CALIFORNIA, a California corporation; THE PEP BOYS — MANNY MOE & JACK, a Pennsylvania corporation; and DOES 1-10, Defendants.

JOHN S. BATTENFELD (SBN 119513), JASON S. MILLS (SBN 225126), HIEN NGUYEN (SBN 229794), KATHY H. GAO (SBN 259019), MORGAN, LEWIS & BOCKIUS LLP, Los Angeles, CA, Attorneys for Defendants, THE PEP BOYS MANNY MOE & JACK OF CALIFORNIA, a California corporation and THE PEP BOYS - MANNY, MOE & JACK, a Pennsylvania corporation.

Eve H. Cervantez (SBN 164709), Eileen B. Goldsmith (SBN 218029), Rachel J. Zwillinger (SBN 268684), ALTSHULER BERZON LLP, San Francisco, CA, Matthew J. Matern (SBN 159798), RASTEGAR & MATERN, ATTORNEYS AT LAW APC, Torrance, CA, Attorneys for Plaintiffs.

STIPULATION AND ORDER TO MODIFY THE BRIEFING SCHEDULE FOR AND HEARING DATE ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

CHARLES R. BREYER, District Judge.

WHEREAS, consistent with the parties' prior stipulation and order by this Court, Plaintiffs filed their Motion for Class Certification on November 6, 2013;

WHEREAS, pursuant to the parties' stipulation and order by this Court, Defendants' deadline to file their Opposition to Plaintiffs' Motion for Class Certification is December 13, 2013, Plaintiffs' deadline to file their Reply in support of their Motion for Class Certification is January 10, 2013, and the hearing on Plaintiffs' Motion for Class Certification is set for January 24, 2013;

WHEREAS, Plaintiffs' Motion for Class Certification included a ten-page supporting declaration submitted by their proposed expert, Gerald Rosenbluth;

WHEREAS, Defendants have notified Plaintiffs of their intent to depose Mr. Rosenbluth in order to adequately prepare their Opposition to Plaintiffs' Motion for Class Certification;

WHEREAS, Plaintiffs have informed Defendants that Mr. Rosenbluth is not available for deposition until February 27, 2014 because of two scheduled trials and multiple previously scheduled depositions;

WHEREAS, Plaintiffs have informed Defendants that they do not oppose a modification of the current briefing and hearing schedule to allow Defendants to depose Mr. Rosenbluth on February 27, 2014 prior to filing of Defendants' Opposition to Plaintiffs' Motion for Class Certification;

WHEREAS, Defendants are agreeable to this modification that will allow them to depose Mr. Rosenbluth and avoid the need for a motion to compel an earlier deposition date and/or a motion to strike Mr. Rosenbluth's declaration;

THEREFORE, IT IS HEREBY STIPULATED BY THE PARTIES AS FOLLOWS:

1. Mr. Rosenbluth's deposition will take place on February 27, 2014 in Tempe, Arizona;
2. The deadline for Defendants to file their Opposition to Plaintiffs' Motion for Class Certification is continued to March 7, 2014;
3. The deadline for Plaintiffs to file their Reply in support of their Motion for Class Certification is continued to April 4, 2014;
4. The hearing on Plaintiffs' Motion for Class Certification is continued to April 18, 2014, at 10:00 a.m.

PURSUANT TO STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.


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