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Galeener v. Source Refrigeration & Hvac, Inc.

United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division
Aug 12, 2014
3:13-cv-04960-VC (N.D. Cal. Aug. 12, 2014)

Opinion

          John M. Padilla, PADILLA & RODRIGUEZ, L.L.P., Los Angeles, CA, Jahan C. Sagafi, OUTTEN & GOLDEN LLP, San Francisco, CA, Galvin B. Kennedy, Pro Hac Vice Gabriel Assaad, Pro Hac Vice KENNEDY HODGES, L.L.P., Houston, Texas, Attorneys for Plaintiffs, Lyle E. Galeener, and the Putative Class.

          Margaret A. Keane, DLA PIPER LLP (US), San Francisco, CA, Attorneys for Defendant, Source Refrigeration & HVAC, Inc.


          STIPULATION RE BRIEFING SCHEDULE RE MOTION TO STAY AND MOTION TO BAR COLLECTIVE AND CLASS ACTION STATUS

          VINCE CHHABRIA, District Judge.

         WHEREAS, Defendant Source Refrigeration & HVAC, Inc. ("Source") has filed a Motion to Bar Collective and Class Action Status [Doc. 43] ("Motion to Bar"), and, pursuant to the Court's Order on a prior Stipulation [Doc. 47], Plaintiffs' response is currently due on August 25, 2014, and Source's reply is currently due on September 8, 2014;

         WHEREAS, Plaintiffs requested discovery relevant to that motion, including depositions that are scheduled for August 20, 21, and 26;

         WHEREAS, Defendant has agreed to Plaintiffs' request that those depositions should be completed in time for the parties to make use of the testimony in their opposition and reply briefing on the Motion to Bar;

         WHEREAS, Source has also filed a Motion to Stay Proceedings [Doc. 63] ("Motion to Stay"), and, pursuant to Local Rule 7-3 (a), Plaintiffs' response is currently due on August 14, 2014;

         WHEREAS, the parties agree that upcoming developments in a similar state court action may be relevant to the Motion to Stay;

         THEREFORE, THE PARTIES AGREE AND STIPULATE TO THE FOLLOWING:

1. Plaintiffs' response to Source's Motion to Bar shall be due on August 29, 2014, and Source's reply shall remain due on September 8, 2014;

2. Plaintiffs' response to Source's Motion to Stay shall be due on August 28, 2014 and Source's reply is now due on September 4, 2014.

         Pursuant to Local Rule 6-2, there have been no other time modifications on either motion, aside from the original stipulation and related Order [Doc. 47] setting forth the briefing schedule therein, and it is not anticipated that this extension will affect the schedule for the case. Also pursuant to Local Rule 6-2, the declaration of John M. Padilla is attached as Exhibit A to the Stipulation.

         PURSUANT TO STIPULATION, IT IS SO ORDERED.

         EXHIBIT A

Pro Hac Vice Pro Hac Vice

         Pursuant to 28 U.S.C. § 1746, I state under penalty of perjury that the following is true and correct:

         1. My name is John M. Padilla. I am over 21 years of age. I have never been convicted of a felony, and I am fully competent to make this Declaration. The statements in this Declaration are within my personal knowledge and are true and correct. I can truthfully testify to all the statements herein.

         2. I am one of the attorneys who represents Plaintiffs in the above-captioned case. Pursuant to Local Rule 6-2, I offer this Declaration.

         3. Defendant Source Refrigeration & HVAC, Inc. ("Source") has filed a Motion to Bar Collective and Class Action Status [Doc. 43] ("Motion to Bar"), and, pursuant to the Court's Order on a prior Stipulation [Doc. 47], Plaintiffs' response is currently due on August 25, 2014, and Source's reply is currently due on September 8, 2014. Plaintiffs requested discovery relevant to that motion, including depositions that are scheduled for August 20, 21, and 26. Defendant has agreed to Plaintiffs' request that those depositions should be completed in time for the parties to make use of the testimony in their opposition and reply briefing on the Motion to Bar.

         4. In addition, Source has also filed a Motion to Stay Proceedings [Doc. 63] ("Motion to Stay"), and, pursuant to Local Rule 7-3(a), Plaintiffs' response is currently due on August 14, 2014. However, upcoming developments in a similar state court action may be relevant to the Motion to Stay.

         5. Accordingly, the parties filed a Stipulated Request for Order Changing Time as it relates to the Opposition and Reply for the above-described Motions.

         6. I do not anticipate the requested change of time to impact the schedule for the case.

         7. A prior time modification was made by Order on Joint Stipulation [Doc. 47], with such Order stating in pertinent part as follows:

"1) Plaintiff shall have until August 25, 2014 to file his Opposition to Defendant's Motion to Bar Plaintiff's Collective and Class Action Status;

2) Defendant shall have until September 8, 2014 to file a Reply in support of its Motion to Bar Plaintiff's Collective and Class Action Status;

3) Defendant's Motion to Bar Plaintiff's Collective and Class Action Status shall be heard on Thursday, September 18, 2014 at 10:00 a.m.;

4) Plaintiff shall have until and through August 25, 2014 to file his Motion for Conditional Certification; and

5) Defendant shall have 28 days after service of the moving papers to file its Opposition to Plaintiff's Motion for Conditional Certification."


Summaries of

Galeener v. Source Refrigeration & Hvac, Inc.

United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division
Aug 12, 2014
3:13-cv-04960-VC (N.D. Cal. Aug. 12, 2014)
Case details for

Galeener v. Source Refrigeration & Hvac, Inc.

Case Details

Full title:LYLE E. GALEENER, Individually and On Behalf of All Others Similarly…

Court:United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division

Date published: Aug 12, 2014

Citations

3:13-cv-04960-VC (N.D. Cal. Aug. 12, 2014)