Opinion
CASE NO. 3:12-cv-05755-WHA
03-27-2013
PORTIA DANIELS, on behalf of herself and all others similarly situated, Plaintiff, v. AÉROPOSTALE WEST, INC., a Delaware corporation, AÉROPOSTALE, INC., a Delaware corporation, and DOES 1 through 10, inclusive, Defendants.
Joseph R. Becerra (Cal State Bar No. 210709) LAW OFFICE OF JOSEPH R. BECERRA Torey Joseph Favarote (Cal State Bar No. 198521) GLEASON & FAVAROTE, LLP Attorneys for Plaintiff PORTIA DANIELS, on behalf of herself and all others similarly situated Stacey McKee Knight (Cal State Bar No. 181027) Rachel C. Schumacher (Cal State Bar No. 235026) Robert J. Dwyer (Cal State Bar No. 288122) RATTEN MDCHIN ROSEN MAN LLP Attorneys for Defendants AÉROPOSTALE WEST, INC. and AÉROPOSTALE, INC.
Joseph R. Becerra (Cal State Bar No. 210709)
LAW OFFICE OF JOSEPH R. BECERRA
Torey Joseph Favarote (Cal State Bar No. 198521)
GLEASON & FAVAROTE, LLP
Attorneys for Plaintiff PORTIA DANIELS,
on behalf of herself and all others similarly
situated
Stacey McKee Knight (Cal State Bar No. 181027)
Rachel C. Schumacher (Cal State Bar No. 235026)
Robert J. Dwyer (Cal State Bar No. 288122)
RATTEN MDCHIN ROSEN MAN LLP
Attorneys for Defendants
AÉROPOSTALE WEST, INC. and AÉROPOSTALE, INC.
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE HEARING
DATE FOR PLAINTIFF'S
MOTION TO CONDITIONALLY
CERTIFY FLSA COLLECTIVE
ACTION
Current Hearing Date
Date: April 11, 2013
Judge: Hon. William Alsup
Proposed Hearing Date
Date: April 18, 2013
Judge: Hon. William Alsup
WHEREAS, Plaintiff Portia Daniels ("Plaintiff") filed her Motion for Order Granting Conditional Certification of FLSA Collective Action and for Order Regarding Mailing of Opt-In Notice to FLSA Collective Action Members (the "Motion") on March 7, 2013;
WHEREAS, Aéropostale filed its Opposition to the Motion on March 21, 2013;
WHEREAS, the current date for the hearing on Plaintiff's Motion is April 11, 2013 at 8:00 a.m.;
WHEREAS, Aéropostale's counsel's schedule will make it difficult to attend the hearing on the current date based upon a required appearance at a Mandatory Settlement Conference scheduled before the currently noticed hearing date;
WHEREAS, Plaintiff and Aéropostale agree and are stipulating to continue the current hearing date to April 18, 2013 at 8:00 a.m.
STIPULATION
NOW. THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Aéropostale through their respective undersigned counsel that:
1. The Parties hereby request the Court to continue the hearing on the Motion to April 18, 2013 at 8:00 a.m.
Respectfully submitted,
GLEASON & FAVAROTE, LLP
By: _______________
Torey Joseph Favarote
Attorneys for Plaintiff PORTIA
DANIELS, on behalf of herself and all
others similarly situated
KATTEN MUCHIN ROSENMAN LLP
By: _______________
Pachel C. Schumacher
Attorneys for Defendants
AÉROPOSTALE WEST, INC. and
AÉROPOSTALE. INC.
[PROPOSED] ORDER
IT IS HEREBY ORDERED THAT:
A. Plaintiff's Motion for Order Granting Conditional Certification of FLSA Collective Action and for Order Regarding Mailing of Opt-In Notice to FLSA Collective Action Members shall be heard by the Court on April 18, 2013.
_______________
William Alsup
United States District Judge