Rushing v. Williams-Sonoma, Inc. et al, No. 3:2016cv01421 - Document 186 (N.D. Cal. 2019)
Court Description: ORDER granting 185 Stipulation to extend deadlines as to 184 MOTION for Leave to Appeal. Response due by 1/30/2019. Reply due by 2/6/2019. Motion Hearing reset for 2/27/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 01/22/2019. (jmdS, COURT STAFF) (Filed on 1/22/2019)
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Rushing v. Williams-Sonoma, Inc. et al 1 Doc. 186 5 ROSE LAW GROUP, PC KATHRYN HONECKER (pro hac vice) JONATHAN UDELL (pro hac vice) 7144 E. Stetson Drive, Suite 300 Scottsdale, AZ 85251 Telephone: (480) 505-3936 Email: khonecker@roselawgroup.com judell@roselawgroup.com docket@roselawgroup.com 6 [Additional Counsel Appear on Signature Page] 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 10 11 12 WILLIAM RUSHING, Individually and on Behalf of all Others Similarly Situated, Plaintiff, 13 14 15 16 17 18 19 20 21 22 v. WILLIAMS-SONOMA, INC., a Delaware corporation, also d/b/a Williams-Sonoma, and Williams-Sonoma Home, Pottery Barn, PB Teen, and PB Dorm, Pottery Barn Kids, Pottery Barn Baby, and West Elm; WILLIAMS-SONOMA DTC, INC., a California corporation; WILLIAMSSONOMA ADVERTISING, INC., a California corporation; and DOES 1-30, Defendants. Case No. 3:16-cv-01421 WHO Assigned to the Hon. William H. Orrick CLASS ACTION STIPULATION TO CONTINUE HEARING DATE AND BRIEFING SCHEDULE FOR DEFENDANTS’ MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL TO THE NINTH CIRCUIT AND STAY PROCEEDINGS [DKT. 184] Complaint Filed: Action Removed: 7th Amd. Complaint Filed: Trial Date: January 29, 2016 March 23, 2016 April 4, 2017 None Set 23 24 25 26 27 28 Case No. 3:16-cv-01421-WHO STIPULATION RE DEADLINES & HEARING FOR DEFS’ MOT. TO CERTIFY ORDERS FOR APPEAL Dockets.Justia.com 1 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: 2 Pursuant to Northern District of California Local Rules 6-1(b), 6-2, 7-7(a), and 7-12, 3 Plaintiff William Rushing (“Plaintiff”) and Defendants Williams-Sonoma, Inc., Williams-Sonoma 4 DTC, Inc., and Williams-Sonoma Advertising, Inc. (collectively “Williams-Sonoma”), by and 5 through their respective counsel, hereby stipulate and jointly request that the Court approve the 6 hearing date and briefing schedule agreed upon by the parties regarding Williams-Sonoma’s 7 Motion to Certify Order on Pending Motions and Order Denying Motions for Leave to File 8 Motion for Reconsideration for Interlocutory Appeal to the Ninth Circuit and Stay Proceedings 9 (“Motion for Certification and Stay” or “Motion”), Dkt. 184, as set forth below. 10 11 12 RECITALS WHEREAS, on January 9, 2019, Williams-Sonoma filed a Notice of Motion and Motion for Certification and Stay, Dkt. 184. 13 WHEREAS, under the Federal Rules of Civil Procedure and Local Rules of the Northern 14 District of California, and the deadlines set forth on CM-ECF, Plaintiff’s Response to Williams- 15 Sonoma’s Motion would be due by January 23, 2019, and Defendants’ Reply would be due by 16 January 30, 2019. 17 18 WHEREAS, Williams-Sonoma scheduled the hearing on their Motion for 2:00 p.m. on February 13, 2019. 19 WHEREAS, Plaintiff’s counsel is traveling for previously scheduled out-of-state meetings 20 and conducting on-campus interviews for law students from January 17, 2019 until January 22, 21 2019. Plaintiff’s counsel, who reside in San Diego and Phoenix, are also unavailable to travel to 22 San Francisco for the hearing date Williams-Sonoma originally noticed. Plaintiff’s counsel 23 requested that both the briefing schedule and hearing date be continued for one week to 24 accommodate their schedules. 25 WHEREAS, Williams-Sonoma renewed its request that Plaintiff agree to a stay of the case 26 pending a decision on the Motion for Certification and Stay when Plaintiff requested an extension 27 of time to respond to the Motion and to continue the hearing date and Plaintiff denied the request 28 for a stay. Case No. 3:15-cv-01421-WHO -1STIPULATION RE DEADLINES & HEARING FOR DEFS’ MOT. TO CERTIFY ORDERS FOR APPEAL 1 2 3 4 5 6 7 8 9 10 11 12 13 WHEREAS, Williams-Sonoma’s counsel is unavailable to attend a hearing on February 20, 2019, the alternative hearing date Plaintiff proposed . WHEREAS, the parties have nevertheless agreed to modify the briefing deadlines and hearing date as follows: • • • Deadline for Plaintiff to File a Response: January 30, 2019 Deadline for Defendants to File a Reply: February 6, 2019 Proposed Hearing Date: February 27, 2019 WHEREAS, all previous time modifications in the case are as follows: • • • on March 29, 2016, the parties stipulated to extend Defendants’ deadline to respond to the First Amended Complaint from March 30, 2016 to April 20, 2016; on May 5, 2016, pursuant to stipulation of the parties, the Court continued the June 21, 2016 Case Management Conference to September 6, 2016; on June 23, 2016, the parties stipulated to extend Defendants’ deadline to respond 14 to the Third Amended Class Action Complaint from June 23, 2016 to June 27, 15 2016; 16 17 18 • • on August 4, 2016, pursuant to stipulation of the parties, the Court continued the September 6, 2016 Case Management Conference to September 13, 2016; on August 23, 2016, pursuant to stipulation of the parties, the Court continued the 19 September 13, 2016 Case Management Conference, and on September 26, 2016 the 20 Court scheduled the Case Management Conference for November 8, 2016; 21 • on October 5, 2016, pursuant to stipulation of the parties, the Court continued 22 Defendants’ deadline to respond to Plaintiff’s Fourth Amended Class Action 23 Complaint, set the briefing schedule for Defendants’ response to Plaintiff’s Fifth 24 Amended Class Action Complaint, set the hearing on Defendants motion to dismiss 25 for January 11, 2017, and continued the Case Management Conference to February 26 7, 2016; 27 28 • on December 6, 2016, pursuant to stipulation of the parties, the Court extended the opposition and reply briefing deadlines, continued the hearing on Defendants’ Case No. 3:16-cv-01421-WHO -2STIPULATION RE DEADLINES & HEARING FOR DEFS’ MOT. TO CERTIFY ORDERS FOR APPEAL 1 motion to dismiss to February 8, 2017, and continued the Case Management 2 Conference to February 28, 2017; 3 • on January 20, 2017, the Court granted the parties’ stipulated request to continue 4 the hearing on Defendants’ motion to dismiss from February 8, 2017 until February 5 22, 2017; 6 7 8 9 10 11 12 13 14 15 16 17 18 • • • • • • • on February 8, 2017, the Court continued the case management conference from February 28, 2017 to March 14, 2017; on March 8, 2017, the Court continued the case management conference from March 14, 2017 to April 4, 2017; on May 30, 2017, the Court extended the deadline to conduct the Early Neutral Evaluation from June 5, 2017 to August 21, 2017; on November 30, 2017, the Court continued the certification discovery and briefing deadlines as set out in Dkt. 101; on January 16, 2018, pursuant to stipulation of the parties, the Court continued the certification discovery and briefing deadlines as set forth in Dkt. 103; on March 22, 2018, pursuant to stipulation of the parties, the Court continued the certification discovery and briefing deadlines as set forth in Dkt. 117; on April 18, 2018, pursuant to stipulation of the parties, the Court extended the 19 briefing schedule for Defendants’ Motion for Summary Judgment as set forth in 20 Dkt. 122; and, 21 • 22 23 24 25 on September 27, 2018, the Court vacated the briefing schedule and hearing on Plaintiff’s Motion for Class Certification. WHEREAS, the continuance requested by the parties will not otherwise affect the schedule for the case. WHEREAS, Kathryn Honecker attests that Robert Guite concurs in filing this stipulation. 26 27 28 Case No. 3:16-cv-01421-WHO -3STIPULATION RE DEADLINES & HEARING FOR DEFS’ MOT. TO CERTIFY ORDERS FOR APPEAL 1 STIPULATION 2 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, by and 3 4 5 6 7 8 9 10 through their respective counsel, that the schedule should be modified as follows: • • • The deadline for Plaintiff to file his response to Defendants’ Motion for Certification and Stay is extended from January 23, 2019, to January 30, 2019; The deadline for Defendants to file their reply is extended from January 30, 2019, to February 6, 2019; The hearing for Defendants’ Motion is continued from February 13, 2019, to February 27, 2019, at 2:00 p.m. IT IS SO STIPULATED. 11 12 Dated: January 15, 2019 ROSE LAW GROUP, PC 13 14 /s/ Kathryn Honecker Kathryn Honecker (pro hac vice) 15 -and16 17 18 19 HAEGGQUIST & ECK, LLP Amber L. Eck, Cal. Bar No. 177882 225 Broadway, Suite 2050 San Diego, California 92101 Telephone: 619.342.8000 Email: ambere@haelaw.com 20 21 22 23 24 BAKER LAW, PC George Richard Baker, Cal. Bar No. 224003 436 N. Stanley Avenue Los Angeles, California 90036 Telephone: 323.452.9685 Email: richard@bakerlawpc.com Attorneys for Plaintiffs and the Proposed Class 25 26 27 28 Case No. 3:16-cv-01421-WHO -4STIPULATION RE DEADLINES & HEARING FOR DEFS’ MOT. TO CERTIFY ORDERS FOR APPEAL 1 Dated: January 15, 2019 SHEPPARD MULLIN RICHTER & HAMPTON LLP 2 By 3 4 /s/ Robert J. Guite P. Craig Cardon Robert J. Guite Benjamin O. Aigboboh 5 Attorneys for Defendants 6 7 PURSUANT TO STIPULATION, IT IS SO ORDERED: 8 9 DATED: January 22 , 2019 10 11 The Honorable William H. Orrick United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 3:16-cv-01421-WHO -5STIPULATION RE DEADLINES & HEARING FOR DEFS’ MOT. TO CERTIFY ORDERS FOR APPEAL
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