Opinion
THE TIDRICK LAW FIRM, STEVEN G. TIDRICK, JOEL B. YOUNG, Berkeley, California, Attorneys for Individual and Representative Plaintiff ROXANNE KINNEY.
LITTLER MENDELSON, P.C., ROBERT G. HULTENG, AURELIO J. PÉREZ, San Francisco, CA, Attorneys for Defendant NATIONAL EXPRESS TRANSIT SERVICES CORPORATION.
STIPULATION AND ORDER EXTENDING CASE DEADLINES IN ORDER TO PURSUE PRIVATE MEDIATION
TROY L. NUNLEY, District Judge.
Plaintiff ROXANNE KINNEY ("Plaintiff"), on behalf of herself and all others similarly situated, and Defendant NATIONAL EXPRESS TRANSIT SERVICES CORPORATION ("National Express" or "Defendant") hereby stipulate and request as follows:
WHEREAS, on December 17, 2014 the Court issued a pretrial scheduling order (the "Order, " Dckt #9), which Order set deadlines for pre-certification discovery, expert witness disclosure, and any motion for class certification.
WHEREAS, following the exchange of formal and informal discovery the Parties have agreed to attend a private mediation in San Francisco, CA overseen by Michael Dickstein. Mr. Dickstein is a nationally-recognized mediator of wage and hour class action lawsuits who has mediated hundreds of class actions across North America
WHEREAS, Mr. Dickstein's schedule is booked far in advance, and the Parties' have been unable to schedule a full-day mediation with Mr. Dickstein before November 3, 2015.
WHEREAS, the Parties believe that it would be most efficient for the Parties and the Court, if the deadlines in the Order were all continued approximately 120 days so as to allow the Parties to prepare for and pursue a mutually amenable resolution to their dispute prior to incurring additional fees and costs associated with litigation.
THEREFORE, the Parties request that the Court:
1. Extend the Parties' deadline to complete pre-certification discovery by 120 days, from September 17, 2015 to January 15, 2016;
2. Extend the Parties' deadline to complete pre-certification expert witness disclosure by 120 days, from October 15, 2015 to February 12, 2016; and
3. Extend the deadline to file a motion for class certification by 120 days, from December 10, 2015 to April 7, 2016.
IT IS SO ORDERED.