Opinion
W. JAMES YOUNG, Esq., c/o National Right to Work Legal Defense Foundation, Inc., Springfield, Virginia, STEVEN R. BURLINGHAM, Esq., Gary, Till & Burlingham, Sacramento, California, ATTORNEYS FOR PLAINTIFFS AND THE CLASS THEY SEEK TO REPRESENT.
KAMALA D. HARRIS, Attorney General of California, MARK R. BECKINGTON, Supervising Deputy Attorney General, KIM L. NGUYEN, Deputy Attorney General, Los Angeles, CA, ATTORNEYS FOR DEFENDANT CALIFORNIA STATE CONTROLLER.
JEFFREY B. DEMAIN, EVE H. CERVANTEZ, P. CASEY PITTS, Altshuler Berzon LLP, San Francisco, California, YORK J. CHANG, ANNE M. GIESE, SEIU Local 1000, Sacramento, California, ATTORNEYS FOR DEFENDANT SEIU LOCAL 1000.
STIPULATION TO CONTINUE HEARING DATE ON, AND SET BRIEFING SCHEDULE FOR, PLAINTIFFS' MOTION FOR CLASS CERTIFICATION; PROPOSED ORDER THEREON
WILLIAM B. SHUBB, District Judge.
TO THE COURT:
The parties to the above-captioned case hereby submit the following stipulation to continue the hearing date on Plaintiffs' previously-noticed Motion for class certification from 20 April 2015, and to set a briefing schedule for the filing and service of the reply brief thereon.
WHEREAS, on 15 August 2014, Plaintiffs noticed their motion for class certification to be heard on 22 September 2014;
WHEREAS, the parties to the above-captioned case had previously agreed that, after Plaintiffs noticed that motion, the hearing on the motion would be stayed to permit Defendants to conduct discovery relevant to the class certification issue, and so informed the Court in their Revised Joint Status Report, Doc. No. 20 at 3:15-18; and
WHEREAS, the parties to the above-captioned case had previously agreed to continue the originally-noticed hearing date and briefing schedule in order to provide the Plaintiffs additional time to respond to Defendant SEIU Local 1000's written discovery requests and to provide Local 1000 sufficient time to depose the Plaintiffs after receiving their responses, and thus stipulated to postpone the hearing to 20 April 2015 (Docket Nos. 27 & 28); and
WHEREAS, due to the voluminous nature of Defendant SEIU Local 1000's Opposition (Docket Nos. 39-42, inclusive), and the press of other matters including, but not limited to Plaintiffs' counsel's: (1) preparation and filing on this date of an opposition to a motion for a supersedeas (injunction pending appeal) filed and served on 1 April 2015, with the Pennsylvania Supreme Court; (2) oral argument before the United States Court of Appeals for the District of Columbia Circuit on 7 April 2015, in a case long-delayed by the United States Supreme Court's consideration of and decision in National Labor Relations Board v. Noel Canning, 134 S.Ct. 2550 (2014); and (3) unforeseen illness since the filing of Defendants' Oppositions to the Motion (Docket Nos. 38-42, inclusive), the parties now wish to set a briefing schedule for reply on the class certification motion so that Plaintiffs will have sufficient time to prepare their reply;
THEREFORE, the parties hereby stipulate as follows:
1. The hearing on Plaintiffs' pending motion for class certification shall be continued from April 20, 2015, to May 18, 2015, at 2:00 p.m., the Court's next available hearing date;
2. This stipulation shall constitute sufficient notice of that continuance, so that Plaintiffs need not file an amended notice of motion.
3. Any reply in support of Plaintiffs' class certification motion shall be filed and served, as per the Local Rules, on or before May 8, 2015.
IT IS SO ORDERED.