CHARLES R. BREYER
MICHAEL E. BREWER, Bar No. 177912
ANNE-MARIE WAGGONER, Bar No. 173407
GREGORY G. ISKANDER, Bar No. 200215
LITTLER MENDELSON, P.C.
JEREMY A. ROTH, Bar No. 129007
DAVID J. DOW, Bar No. 179407
JERRILYN T. MALANA, Bar No. 195260
LITTLER MENDELSON, P.C.
Attorneys for Defendant, AUTOZONE, INC.
(Jimmy Ellison, Doland, and Escalante Matters,
Only)
MICHAEL A. HOFFMAN, Bar No. 162496
ARENA HOFFMAN, LLP
Attorney for Defendant, AUTOZONE, INC.
(Jimmy Ellison and Lynnetta Ellison actions,
only)
MIRIAM SCHIMMEL, Bar No. 185089
KATHERINE DEN BLEYKER Bar No 257187
INITIATIVE LEGAL GROUP APC
Lead Plaintiffs' Counsel for Purposes of
Discovery and Attorneys for Plaintiff JIMMY
ELLISON
JOINT STIPULATION TO MODIFY
BRIEFING SCHEDULE ON PLAINTIFFS'
PENDING MOTIONS FOR CLASS
CERTIFICATION
Hearing Date: December 7, 2012
The Honorable Charles R. Breyer
Trial Date: None
RICHARD E. QUINTILONE II, Bar No. 200995
QUINTILONE & ASSOCIATES
Attorneys for Plaintiff, WILLIAM DOLAND
Scott B. Cooper, Bar No. 174520
The Cooper Law Firm, P.C.
Attorneys for Plaintiff William Doland
MORRIS NAZARIAN, Bar No. 230275
LAW OFFICES OF MORRIS NAZARIAN
Attorneys for Plaintiff LYNNETTA ELLISON
KEVIN T. BARNES, Bar No. 138477
GREGG LANDER, BAR NO. 194018
LAW OFFICES OF KEVIN T. BARNES
Attorneys for Plaintiff, HAYDEE ESCALANTE
ROGER RICHARD CARTER, Bar No. 140196
THE CARTER LAW FIRM
Attorneys for Plaintiff WILLIAM DOLAND
JOSEPH ANTONELLI, Bar No. 137039
JANELLE CHRISTINE CARNEY, Bar No. 201570
LAW OFFICES OF JOSEPH ANTONELLI
Attorneys for Plaintiff HAYDEE ESCALANTE
STIPULATION
Plaintiffs Jimmy Ellison, William Doland, and Lynnetta Ellison ("the Ellison/Doland Plaintiffs"), Plaintiff Haydee Escalante ("Plaintiff Escalante"), and Defendant AutoZone, Inc. ("Defendant"), through their respective counsel, hereby stipulate as follows.
WHEREAS the Ellison/Doland Plaintiffs filed with the Court and served on counsel for the other parties their joint motion for class certification on September 27, 2012;
WHEREAS Plaintiff Escalante filed with the Court and served on counsel for the other parties her motion for class certification on September 27, 2012;
WHEREAS on October 3, 2012, the Court issued an order sua sponte continuing the hearing on both motions for class certification from November 30, 2012, to December 7, 2012, at 10:00 a.m.;
WHEREAS on October 10, 2012, the Ellison/Doland Plaintiffs lodged with the Court and served by overnight mail on Defendant's counsel an exhibit omitted from the report of the Ellison/Doland Plaintiffs' retained expert, Michael Phillips, Ph.D., which exhibit consists of an optical disc of 41 files containing data relied upon by Dr. Phillips in the course of performing his work and rendering his opinions;
WHEREAS on October 11, 2012, counsel for Defendant received this omitted exhibit and additional time is required to review and analyze it to prepare Defendant's papers in opposition to the Ellison/Doland Plaintiffs' motion for class certification;
WHEREAS counsel for Plaintiff Escalante and counsel for Defendant are currently in the process of meeting and conferring regarding information filed with the report of Sean Berger, Plaintiff Escalante's retained expert, in support of her motion for class certification, and a request by Defendant for production of additional information concerning said report; and
WHEREAS Defendant will require additional time to review and analyze any additional information provided by Plaintiff Escalante as a result of the aforementioned meet and confer efforts and to prepare its opposition papers to Plaintiff Escalante's motion for class certification;
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS.
1. That the deadline for Defendant to file and serve its papers in opposition to the Ellison/Doland Plaintiffs' and Plaintiff Escalante's respective motions for class certification be extended from October 25, 2012, to November 2, 2012; and
2. That the deadline for the Ellison/Doland Plaintiffs and Plaintiff Escalante to file and serve their reply papers in support of their respective motions for class certification be extended from November 15, 2012, to November 21, 2012.
IT IS SO STIPULATED.
________________________
ANNE-MARIE WAGGONER
Littler Mendelson, P.C.
Attorneys for Defendant, AUTOZONE, INC.
________________________
MICHAEL HOFFMAN
Arena Hoffman LLP
Attorneys for Defendant, AUTOZONE, INC.
________________________
KATHERINE DEN BLEYKER
Initiative Legal Group, LLP
Attorneys for Plaintiff, JIMMY ELLISON
________________________
JESSE BABLOVE
Attorneys for Plaintiff, WILLIAM DOLAND
________________________
GREGG LANDER
Law Offices of Kevin T. Barnes
Attorneys for Plaintiff HAYDEE ESCALANTE
________________________
MORRIS NAZARIAN
Law Offices of Morris Nazarian
Attorneys for Plaintiff
LYNNETTA ELLISON
ORDER
Pursuant to the foregoing stipulation of counsel for the parties, it is hereby ordered as follows:
1. The deadline for Defendant AutoZone, Inc. to file and serve its papers in opposition to the Ellison/Doland Plaintiffs' and Plaintiff Escalante's respective motions for class certification is extended from October 25, 2012, to November 2, 2012;
2. The deadline for the Ellison/Doland Plaintiffs and Plaintiff Escalante to file their reply papers in support of their respective motions for class certification is extended from November 15, 2012, to November 21, 2012.
IT IS SO ORDERED.
________________________
HONORABLE CHARLES R. BREYER
SENIOR UNITED STATES DISTRICT
COURT