Opinion
HOFFMAN EMPLOYMENT LAWYERS, MICHAEL HOFFMAN, LEONARD EMMA, STEPHEN NOEL ILG, San Francisco, CA., Attorneys for Plaintiff PAULA DONALD.
MARK POSARD, MOLLIE BURKS, SARA A. MOORE, GORDON & REES LLP, San Francisco, CA., Attorneys for Defendant XANITOS, INC. Attorneys for Defendant XANITOS, INC. and KAISER FOUNDATION HOSPITALS
JOINT STIPULATION AND ORDER TO CONTINUE CERTIFICATION DEADLINES
WILLIAM H. ORRICK, District Judge.
Pursuant to Civil Local Rule 7-12 of the United States District Court for the Northern District of California, the Parties to the above entitled action, Plaintiff PAULA DONALD ("Plaintiff, "), Defendant XANITOS, INC. ("Xanitos"), and Defendant KAISER FOUNDATION HOSPITALS ("Kaiser") (collectively referred to as the "Parties"), by and through their undersigned counsel, enter into the following Stipulation:
WHEREAS, the Plaintiff and Defendant Xanitos have each diligently propounded and responded to a first set of written discovery and are presently meeting and conferring regarding responses as well as scheduling pre-certification depositions;
WHEREAS, the Court granted Plaintiff's Motion for Leave to amend to add a new claim and a new Defendant, KAISER FOUNDATION HOSPITALS ("Kaiser") as an alleged joint employer;
WHEREAS, Plaintiff filed a First Amended Complaint adding Kaiser on April 23, 2015;
WHEREAS, the addition of Kaiser as a party has caused delays due to the volume of discovery, the amount of time required for Kaiser to compile responsive information, and the time required for the Parties to meet and confer regarding the same;
WHEREAS the Parties have met and conferred regarding a stipulation to modify the schedule in light of the delays caused by the addition of Kaiser as a new Defendant;
WHEREAS no other modifications to the case schedule have been made in this matter;
WHEREAS, the Parties agree it would be appropriate to continue the deadlines for Plaintiff's Motion for Class Certification and Defendant's Opposition thereto for approximately six (6) months to complete necessary pre-certification discovery;
NOW THEREFORE, the Parties stipulate to continue, for six (6) months, the deadlines for Plaintiff's Motion for Class Certification and Defendant's Opposition thereto:
1. Plaintiff's deadline to file a Motion for Class Certification is continued for approximately six (6) months, to March 15, 2016.
2. Deadline to file an Opposition to Plaintiff's Motion for Class Certification is continued for approximately six (6) months, to April 1, 2016.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
I, Stephen Noel Ilg, hereby attest, pursuant to N.D. Cal. Local Rule 5-1(i)(3), that concurrence to the filing of this document has been obtained from each signatory.
/s/ Stephen Noel Ilg et al.PURSUANT TO STIPULATION, as modified, IT IS ORDERED AS FOLLOWS:
1. Plaintiff's deadline to file a Motion for Class Certification is continued for approximately six (6) months, to March 15, 2016.
2. Defendant's deadline to file an Opposition to Plaintiff's Motion for Class Certification is continued for approximately six (6) months, to April 1, 2016.
3. Plaintiff's deadline to file a Reply to the Opposition is April 15, 2016.
4. Hearing on the motion for class certification is set for 2 pm on May 4, 2016, in Courtroom 2, 17th floor.
Given that this is a lengthy continuance from a schedule initially proposed by the parties, no further extensions to this schedule are contemplated. A further Case Management Conference is set for January 5, 2016 at 2 pm in Courtroom 2, 17th floor. The Joint Statement is due no later than December 29, 2015.
IT IS SO ORDERED.