Relente v. Viator, Inc.

3:12-cv-05868 | N.D. Cal. | Mar 17, 2014

WESLEY E. OVERSON (CA SBN 154737) WOverson@mofo.com REBEKAH KAUFMAN (CA SBN 213222) RKaufman@mofo.com COLETTE M. COLES (CA SBN 274202) CColes@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Defendant VIATOR, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ROSALINA C. RELENTE AND TRAVIS R. Case No. CV 12-5868 JSW ANDERSON, individually and on behalf of all others similarly situated, CLASS ACTION

Plaintiffs, STIPULATION AND [PROPOSED] ORDER v. REGARDING CONTINUING HEARING AND SETTING VIATOR, INC., a corporation, and DOES 1-100, BRIEFING SCHEDULE FOR inclusive, PLAINTIFFS’ MOTION FOR

CLASS CERTIFICATION Defendants. Hon. Jeffrey S. White S TIPULATION AND [P ROPOSED ] O RDER RE C ONTINUING M OTION FOR C LASS C ERTIFICATION Case No. CV 12-5868-JSW

Pursuant to Civil Local Rules 6-2 and 7-12 and the Court’s Civil Standing Orders ¶ 4, the parties, Plaintiffs Rosalina Relente and Travis Anderson (“Plaintiffs”) and Defendant Viator, Inc. (“Defendant”), by and through their undersigned counsel of record, submit the following stipulation and proposed order:
WHEREAS, the last day for a hearing on Plaintiffs’ motion for class certification is currently July 11, 2014, and the last day for Plaintiffs to file their motion for class certification is currently April 11, 2014;
WHEREAS, on December 9, 2013, the parties participated in mediation before Mediator Susan Haldeman and have continued their settlement negotiations since then; WHEREAS, in light of the ongoing settlement negotiations, on January 17, 2014, pursuant to the parties’ stipulation, the Court continued the last day for a hearing on Plaintiffs’ motion for class certification, originally set for March 14, 2014, to its current date (Dkt. 54);
WHEREAS, because the parties are still engaged in settlement negotiations and are making significant progress, the parties have agreed to further continue the last day for a hearing on Plaintiffs’ motion for class certification to October 17, 2014 so that the parties can continue their negotiations without incurring additional expenses and fees associated with briefing class certification, including expert witness fees;
WHEREAS, as contemplated by the Commentary on Civil Local Rule 7-2, given the complex nature of Plaintiffs’ motion for class certification and the parties’ desire to postpone briefing on class certification while they are engaged in active settlement discussions, the parties have agreed to an extended briefing schedule, with Plaintiffs’ motion to be filed on or before August 1, 2014, Defendant’s opposition to be filed on or before September 12, 2014, and Plaintiffs’ reply to be filed on or before October 3, 2014; and
WHEREAS, the parties previously stipulated to extend the time within which Defendant was to answer or otherwise respond to the Complaint (Dkt. 5); pursuant to the parties’ stipulation, the Court continued the deadline for Defendant to file its reply in support of its motion to dismiss the Complaint (Dkt. 15); and pursuant to the parties’ stipulation, the Court previously continued the last day for a hearing on Plaintiffs’ motion for class certification (Dkt. 54).
IT IS HEREBY STIPULATED AND AGREED among the undersigned parties that the last day for a hearing on Plaintiffs’ motion for class certification, currently July 11, 2014, shall be further continued to October 17, 2014, with Plaintiffs’ motion to be filed on or before August 1, 2014, Defendant’s opposition to be filed on or before September 12, 2014, and Plaintiffs’ reply to be filed on or before October 3, 2014. Dated: March 14, 2014 WESLEY E. OVERSON

REBEKAH KAUFMAN

COLETTE M. COLES

MORRISON & FOERSTER LLP By: /s/ Rebekah Kaufman

Rebekah Kaufman Attorneys for Defendant

VIATOR, INC.

JAMES M. SITKIN, ESQ.

LAW OFFICES OF JAMES M. SITKIN

MICHAEL F. RAM

KARL OLSON

RAM, OLSON, CEREGHINO &

KOPCZYNSKI

By: /s/ James M. Sitkin James M. Sitkin

Attorneys for Plaintiffs ROSALINA C. RELENTE, TRAVIS R. ANDERSON and all others similarly situate d
5 September 26 Case 3:12-cv-05868-JD Document 58 Filed 03/17/14 Page 4 of 4 Case3:12-cv-05868-JSW Document57 Filed03/14/14 Page4 of 4

SIGNATURE ATTESTATION

I, Rebekah Kaufman, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Briefing Schedule for Defendant Viator, Inc.’s Motion to Dismiss Complaint. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that

March 17 James M. Sitkin has concurred in this filing. /s/ Rebekah Kaufman Rebekah Kaufman

[PROPOSED] ORDER

PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS

THEREFORE ORDERED that last day for a hearing on Plaintiffs’ motion for class certification, currently July 11, 2014, shall be further continued to October 17, 2014, with Plaintiffs’ motion to be filed on or before August 1, 2014, Defendant’s opposition to be filed on or before September 12, 2014, and Plaintiffs’ reply to be filed on or before October 3, 2014. Dated: , 2014 The Hon. Jeffrey S. White

United States District Judge