Opinion
Case No. CV 09-03683-EMC
10-06-2011
LEE KEMP, individually and on behalf of all others similarly situated, the general public, and as an "aggrieved employee" under the California Labor Code Private Attorney General Act, Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORP., a New York Corporation, and DOES 1-50, inclusive, Defendant.
Catherine Nasser, SB # 246191 JONES DAY Matthew W. Lampe (admitted pro hac vice) Wendy C. Butler (admitted pro hac vice) JONES DAY Attorneys for Defendant INTERNATIONAL BUSINESS MACHINES CORPORATION Mark R. Thierman, SB # 72913 Joshua D. Buck SB # 258325 THIERMAN LAW FIRM, PC Scott A. Miller, Esq., SB # 230322 LAW OFFICE OF SCOTT A. MILLER Steven L. Miller, Esq., SB # 106023 LAW OFFICE OF STEVEN L. MILLER A Professional Corporation Attorneys for Plaintiff
Catherine Nasser, SB # 246191
JONES DAY
Matthew W. Lampe (admitted pro hac vice)
Wendy C. Butler (admitted pro hac vice)
JONES DAY
Attorneys for Defendant
INTERNATIONAL BUSINESS MACHINES
CORPORATION
Mark R. Thierman, SB # 72913
Joshua D. Buck SB # 258325
THIERMAN LAW FIRM, PC
Scott A. Miller, Esq., SB # 230322
LAW OFFICE OF SCOTT A.
MILLER
Steven L. Miller, Esq., SB #
106023
LAW OFFICE OF STEVEN L.
MILLER
A Professional Corporation
Attorneys for Plaintiff
STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINES
Pursuant to Local Rules 6-1(b) and 7-12, Plaintiff Lee Kemp ("Plaintiff") and Defendant International Business Machines Corporation ("Defendant"), by and through their undersigned counsel, hereby stipulate and request as follows:
WHEREAS, on July 15, 2011, the Court entered an Order setting the following case schedule:
a. November 1, 2011: Class Certification Discovery Closes;
b. December 15, 2011: Class Certification and Summary Judgment Motions Due;
c. January 31, 2012: Oppositions to Class Certification and Summary Judgment Motions Due;
d. February 15, 2012: Reply Briefs in Support of Class Certification and Summary Judgment Motions Due; and
e. March 2, 2012 at 1:30 PM: Hearing on Class Certification and Summary Judgment Motions.
WHEREAS, the parties have been working in good faith to resolve discovery issues and to complete discovery by the November 1, 2011 deadline; however, the parties agree that they require additional time;
WHEREAS, the parties request that the dates reflected above be extended to provide the parties 30 days of additional discovery before briefing of class certification and summary judgment as to Plaintiff's individual claims;
WHEREAS, other than extending each of the deadlines above by 30 days, such extensions will not alter the date of any other event or deadline already fixed by the Court;
WHEREAS, the only prior time modifications were the Court's September 25, 2009 and April 30, 2010 extensions of Defendant's deadline to respond to the First Amended Complaint, the Court's April 30, 2010 and June 3, 2010 extensions of the ADR deadline, and the Court's July 15, 2011 extension of the case schedule deadlines.
IT IS HEREBY STIPULATED by and between the parties, through their respective counsel:
All deadlines in paragraph 9 of the Court's July 15, 2011 Order will be extended as follows:
a. December 1, 2011: Class Certification Discovery Closes
b. January 13, 2012: Class Certification and Summary Judgment Motions Due
c. March 2, 2012: Oppositions to Class Certification and Summary Judgment Motions Due
d. March 16, 2012: Reply Briefs in Support of Class Certification and Summary Judgment Motions Due
e. March 30, 2012 at 1:30 PM: Hearing on Class Certification and Summary Judgment Motions.
IT IS SO STIPULATED.
JONES DAY
Catherine S. Nasser
Attorneys for Defendant
INTERNATIONAL BUSINESS
MACHINES CORPORATION
THIERMAN LAW FIRM, PC
Joshua D. Buck
Attorneys for Plaintiff
LEE KEMP
SIGNATURE ATTESTATION
I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document.
JONES DAY
Catherine S. Nasser
Attorneys for Defendant
INTERNATIONAL BUSINESS
MACHINES CORPORATION
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Judge Edward M. Chen