Opinion
Case No. 10-CV-5565-SBA
10-12-2011
LYNN ODRICK, an individual, on behalf of all others similarly situated and the general public, Plaintiff, v. UNIONBANCAL CORPORATION, a Corporation, UNION BANK, N.A., a corporation, and DOES 1-10, Defendants.
SEYFARTH SHAW LLP Eric M. Steinert Justin T. Curley Attorneys for Defendants UNIONBANCAL CORPORATION and UNION BANK, N.A. ALEXANDER KRAKOW + GLICK LLP Marvin E. Krakow Michael S. Morrison HURWITZ, ORIHUELA & HAYES LLP Cory H. Hurwitz Douglas B. Hayes Attorneys for Plaintiff LYNN ODRICK
SEYFARTH SHAW LLP
Eric M. Steinert, State Bar No. 168384
Justin T. Curley, State Bar No. 233287
560 Mission Street, Suite 3100
San Francisco, California 94105
Telephone: (415) 397-2823; Facsimile: (415) 397-8549
E-mail: esteinert@seyfarth.com; jcurley@seyfarth.com
Attorneys for Defendants
UNIONBANCAL CORPORATION
and UNION BANK, N.A.
ALEXANDER KRAKOW + GLICK LLP
Marvin E. Krakow, State Bar No. 81228
Michael S. Morrison, State Bar No. 205320
401 Wilshire Boulevard, Suite 1000
Santa Monica, California 90401
Telephone: (310) 394-0888; Facsimile: (310) 394-0811
E-mail: mkrakow@akgllp.com; mmorrison@akgllp.com
HURWITZ, ORIHUELA & HAYES LLP
Cory H. Hurwitz, State Bar No. 222026
Douglas B. Hayes, State Bar No. 232709
10 Universal City Plaza, 20th Floor
Universal City, California 91608
Telephone: (818) 753-2381; Facsimile: (818) 753-2382
E-mail: chh@hohlawyers.com; dbh@hohlawyers.com
Attorneys for Plaintiff
LYNN ODRICK
STIPULATION TO AMEND BRIEFING
AND HEARING DATES FOR
PLAINTIFF'S MOTION FOR CLASS
CERTIFICATION AND ORDER
Plaintiff LYNN ODRICK ("Plaintiff") and Defendants UNION BANK, N.A. and UNIONBANCAL CORPORATION ("Defendants") (collectively, "the Parties"), by and through their respective counsel, hereby stipulate as follows respecting an amended briefing schedule and hearing date for Plaintiff's Motion for Class Certification pursuant to Rule 23 of the Federal Rules of Civil Procedure 23 and 29 U.S.C. § 216(b) ("Motion"):
WHEREAS, the Parties participated in a private mediation on September 26, 2011, and, the Parties are currently considering a mediator's proposal;
WHEREAS, Plaintiff now seeks to amend her complaint to add new named plaintiffs;
WHEREAS, Defendants will need to conduct individual discovery on the new plaintiffs before filing their opposition to Plaintiff's Motion;
WHEREAS, Plaintiff also needs to conduct several Rule 30(b)(6) depositions in advance of filing her Motion;
WHEREAS, defense counsel had an arbitration scheduled this month that hindered scheduling Rule 30(b)(6) depositions in October;
WHEREAS, due to complexity of the issues in this hybrid Rule 23/§ 216(b) action, Defendants require more time than the two-week turnaround currently provided to prepare an opposition to Plaintiff's Motion;
WHEREAS, Plaintiff's Motion is currently due November 1, 2011, Dkt. No. 22;
WHEREAS, Defendants' opposition to Plaintiff's Motion is currently due November 15, 2011;
WHEREAS, Plaintiff's reply brief in support of her Motion is currently due November 22, 2011, Dkt. No. 22;
WHEREAS, Plaintiff's Motion is currently set for hearing before this Court on December 13, 2011 at 1:00 p.m., Dkt. No. 22;
WHEREAS, counsel for the parties have planned vacations in December 2011; and
WHEREAS, defense counsel has a two-week trial scheduled in mid-February 2012.
NOW THEREFORE, it is hereby stipulated and agreed by the Parties as follows:
1. The Parties shall file a stipulation to amend the complaint to add the new plaintiffs by November 11, 2011;
2. Plaintiff's Motion will be due on March 1, 2012;
3. Defendants' opposition to Plaintiff's Motion will be due on March 29, 2012;
4. Plaintiff's reply brief in support of her Motion will be due on April 12, 2012; and
5. All other dates in this case shall remain the same.
NOW THEREFORE, the Parties request that the Court reset the December 13, 2011 hearing on Plaintiffs' Motion to May 3, 2012 or the first available hearing date thereafter. IT IS SO STIPULATED.
SEYFARTH SHAW LLP
By Eric M. Steinert
Justin T. Curley
Attorneys for Defendants
UNIONBANCAL CORPORATION
and UNION BANK, N.A.
ALEXANDER KRAKOW + GLICK LLP
By Marvin E. Krakow
Michael S. Morrison
HURWITZ, ORIHUELA & HAYES LLP
By Cory H. Hurwitz
Douglas B. Hayes
Attorneys for Plaintiff
LYNN ODRICK
ORDER
GOOD CAUSE APPEARING, it is hereby ORDERED, ADJUDGED, and DECREED that:
1. The Parties shall file a stipulation to amend the complaint to add the new plaintiffs by November 11, 2011;
2. Plaintiff's Motion for Class Certification shall be due on March 1, 2012;
3. Defendants' opposition to Plaintiff's Motion for Class Certification shall be due on March 29, 2012;
4. Plaintiff's reply brief in support of her Motion for Class Certification shall be due on April 12, 2012; and
5. Plaintiff's Motion for Class Certification shall be heard on May 8, 2012 at 1:00 p.m..
IT IS SO ORDERED.
Hon. Saundra Brown Armstrong