Opinion
Case No. CV-11-00180-CW
10-04-2011
ROANE HOLMAN, and all others similarly situated, Plaintiffs, v. EXPERIAN INFORMATION SOLUTIONS, INC., Defendant.
Daniel J. McLoon (State Bar No. 109598) Michael G. Morgan (State Bar No. 170611) Sarah G. Conway (State Bar No. 261414) JONES DAY Mattia V. Murawski (State Bar No. 261420) JONES DAY Attorneys for Defendant EXPERIAN INFORMATION SOLUTIONS, INC.
Daniel J. McLoon (State Bar No. 109598)
Michael G. Morgan (State Bar No. 170611)
Sarah G. Conway (State Bar No. 261414)
JONES DAY
Mattia V. Murawski (State Bar No. 261420)
JONES DAY
Attorneys for Defendant
EXPERIAN INFORMATION SOLUTIONS, INC.
Assigned to the Honorable Claudia Wilken
STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING SCHEDULE FOR PLAINTIFF'S MOTION FOR CLASS CERTIFICATION
Pursuant to Local Rules 1-4 and 1-5 and the commentary to Local Rule 7-2, Defendant Experian Information Solutions, Inc. ("Experian"), and Plaintiff Roane Holman ("Plaintiff" and, together with Experian, the "Parties") jointly submit this Stipulation to Extend Briefing Schedule for Plaintiff's Motion for Class Certification.
WHEREAS, Plaintiff filed a Motion for Leave to File His First Amended Complaint on September 15, 2011;
WHEREAS, Plaintiff's proposed First Amended Complaint seeks to add two named Plaintiffs;
WHEREAS, the Hearing on Plaintiff's Motion for Leave to File His First Amended Complaint is set for October 20, 2011;
WHEREAS, under the current schedule, Plaintiff's Motion for Class Certification must be filed by October 13, 2011, Experian's Opposition to Plaintiff's Motion for Class Certification must be filed by October 27, 2011, and Plaintiff's Reply must be filed by November 3, 2011;
WHEREAS, the Hearing on Plaintiff's Motion for Class Certification is scheduled for November 17, 2011;
WHEREAS, under the current schedule, Plaintiff will be unable to seek appointment of the two newly proposed named plaintiffs as class representatives in its Motion for Class Certification because the Motion for Class Certification must be filed before the Court will rule on Plaintiff's Motion for Leave to File His First Amended Complaint;
WHEREAS, should the Court grant Plaintiff's Motion for Leave to File His First Amended Complaint on October 20, 2011, Experian will not have sufficient time to conduct the discovery necessary into the two newly proposed named plaintiffs to oppose Plaintiff's Motion for Class certification by October 27, 2011;
WHEREAS, Plaintiff entered into a settlement agreement with Finex Group LLC on August 26, 2011 and, unless the current schedule is modified, Experian will not have sufficient time to conduct discovery into this settlement before filing its Opposition to Plaintiff's Motion for Class Certification;
NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their respective counsel of record, that:
(1) Plaintiff be permitted to file his First Amended Complaint;
(2) The briefing schedule for Plaintiff's Motion for Class Certification will be as follows: (i) Plaintiff must file his Motion for Class Certification by December 1, 2011; (ii) Experian must file its Opposition to Plaintiff's Motion within 28 days, i.e., not later than December 29, 2011; (iii) Plaintiff must file his Reply within 14 days of Experian's Opposition, i.e., not later than January 12, 2012; and (iv) the Hearing on Plaintiff's Motion for Class Certification will occur on January 26, 2012.
Jones Day
Michael G. Morgan
Attorneys for Defendant
EXPERIAN INFORMATION SOLUTIONS, INC.
Anderson, Ogilvie & Brewer LLP
Mark Anderson
Attorneys for Plaintiff
ROANE HOLMAN
Pursuant to this stipulation, IT IS SO ORDERED.
The Hon. Claudia Wilken
District Judge of the Northern District of California