Stipulation and OrderCal. Super. - 6th Dist.October 16, 2019DOWNEY BRAND LLP \Oooqoxmhmu 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Envelope: 831 5486 DOWNEY BRAND LLP CASSANDRA M. FERRANNINI (Bar No. 204277) cferrannini@downeybrand.com CAMERON P. HAYNES (Bar No. 316944) chaynes@downeybrand.com 621 Capitol Mall, 18‘“ Floor Sacramento, Califomia 95814 Telephone: 9 1 6.444. 1 000 Facsimile: 9 16.4442 1 00 Attorneys for Defendant J.A. MOMANEY SERVICES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA CARLOS ADALBERTO MEJIA, individually and 0n behalf of all others similarly situated, Plaintiff, v. J.A. MOMANEY SERVICES, INC., a California Corporation; and DOES 1 through 20, inclusive, Defendants. Case No. 19CV356777 Assignedfor All Purposes to: Hon. Patricia M. Lucas, Dept. 3 STIPULATION AND [PROPOSED] ORDER RE HEARING ON PLAINTIFF’S MOTION FOR CLASS CERTIFICATION AND RELATED BRIEFING SCHEDULE Action Filed: October 16, 2019 FAC Filed: January 24, 2020 Trial Date: Not Set PlaintiffCARLOS ADALBERTO MEJIA (“Plaintifi”) and Defendant J.A. MOMANEY SERVICES, INC. (“JAMS”), collectively “the Parties,” by and through their respective counsel, hereby stipulate and agee as follows: EE_CEALS A. On January 11, 2022, upon Judge Lucas’ orders and stipulation ofthe Parties, the Court issued a briefing schedule for the Plaintifi‘s motion for class certification as follows: o The hearing on Plaintiffs motion for class certification: May 25, 2022 o Plaintiff‘s Motion for Class Certification: March 28, 2022 o JAMS’ Opposition to Plaintiff’s Motion for Class Certification: April 28, 2022 0 Plaintiffs Reply to JAMS’ Opposition: May 9, 2022 B. Part two ofJAMS’ PMK’s deposition was set for February 18, 2022. 1789402v3 STPULATION AND [PROPOSED] ORDER RE HEARING ON PLAINTIFF’S MOTION FOR CLASS CERTIFICATION AND RELATED BRIEFING SCHEDULE xxxxxxxxxxxx xxxxxxxxx Filed February 17, 2022 County of Santa Clara Superior Court of CA Clerk of the Court 19CV356777 By: rwalker DOWNEY BRAND LLP OOOQGU‘ADJNu-s NNNNNNNNNH ooqaamgmN-onoESSGEGEZS C. In order to accommodate Plaintiff’s need for an additional six (6) months oftime and pay records in advance ofpart two ofthe PMK deposition, the Parties agreed to postpone the PMK deposition until March 10, 2022. D. Based on the postponed PMK deposition date, Plaintiffrequested a two (2) week extension of all class-certification deadlines. JAMS agreed. 1 789402v3 2 STIPULATION AND [PROPOSED] ORDER RE HEARING ON PLAINTIFF’S MOTION FOR CLASS CERTIFICATION AND RELATED BRIEFING SCHEDULE xxxxxxxxx DOWNEY BRAND LLP \OOOQQUI-h 10 '11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 STIPULATION Wherefore, IT IS HEREBY STIPULATED by and between the Parties through their respective counsel ofrecord that: 1. The healing on Plaintiff’ s motion for class certification currently scheduled for May 25, 2022, is vacated and continued to June 8, 2022; 2. Plaintiff’s motion for class certification and supporting documents must be filed no later than April 11, 2022; 3. JAMS’ opposition and supporting documents must be filed no later than May 12, 2022; 4. Plaintiff‘s reply brief must be filed no later than May 23, 2022. This stipulation may be executed in counterparts, by facsimile, or by electronic mail. IT IS SO STIPULATED. DATED: February 17, 2022 AEGIS LAW FIRM, PC JESSICA L. CAMPBELL CHELSEA D. HOLLINS Attorneys for Plaintiff CARLOS ADALBERT MEJIA DATED: February 17, 2022 DOWNEY3WD LLP /1CAMERON P. H Attorneys for,De endant LA. MOMW/SERVICES, INC. 17ss4ozv3 3 STIPULATION AND [PROPOSED] ORDER RE HEARING ON PLAINTIFF’S MOTION FOR CLASS CERTIFICATION AND RELATED BRIEFING SCHEDULE ccxxxxxxxx DOWNEY BRAND LLP \OOOflakIIAUJNp-a NNNNNNNNN mqmmgm-o$$33333338 ORDER Pursuant to the Panies’ stipulation, and finding good cause therefore, the Court hereby ORDERS as follows: 1. The hearing on Plaintiff’s motion for class certification currently scheduled for May 25, 2022 is vacated and continued to June 8, 2022; 2. Plaintiff’s motion for class certification and supporting documents must be filed and served no later than Apn'l 11, 2022; 3. JAMS’ opposition and supporting documents must be filed and served no later than May 12, 2022; 4. Plaintiff’s reply briefmust be filed and served no later than May 23, 2022. IT IS SO ORDERED DATED: HONORABLE PATRICIA M. LUCAS 1739402v3 4 STIPULATION AND [PROPOSED] ORDER RE HEARING ON PLANTIFF’S MOTION FOR CLASS CERTIFICATION AND RELATED BRIEFING SCHEDULE xxxxxxxx February 17, 2022 February 17, 2022 X cxxxxxxxx \OOOQONUI-bUJNr-t NNNNNNNNNr-tv-lr-tr-tv-tr-tr-Av-np-tr-A OOQONUI-bUJNv-‘OKOOOQQUI-PWNHO CERTIFICATE OF SERVICE I, the undersigned, am employed in the County 0f Orange, State 0f California. I am over the age 0f 18 and not a party t0 the Within action; am employed with Aegis Law Firm PC and my business address is 9811 Irvine Center Drive, Suite 100, Irvine, California 92618. On February 17, 2022, I served the foregoing document entitled: o STIPULATION AND [PROPOSED] ORDER REHEARING ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION AND RELATED BRIEFING SCHEDULE on all the appearing and/or interested parties in this action by placing D the originalE a true copy thereof enclosed in sealed envelope(s) addressed as follows: Cassandra M. Ferrannini Cameron Haynes DOWNEY BRAND, LLP 621 Capitol Mall, 18th Floor Sacramento, CA 958 14 Telephone: 9 1 6.444. 1000 Facsimile: 9 1 6.444.2 1 00 cferranninidfldownevbrand.com chavnes@D0wnevBrand.com ppineda@DowneVBrand.com lgilmette@d0wnevbrand.com courtfilingséz)downevbrand.com Attorneysfor Defendant: J.A. MOMANEY SERVICES, INC. D (BY MAIL) I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited With the U.S. Postal Service 0n that same day With postage thereon fully prepaid at Irvine, California in the ordinary course of business. I am aware that 0n motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date 0f deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed. R. Civ. Proc. 5(a); Fed. R. Civ. Proc. 5(0).) D (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice ofAegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) described herein to be deposited for delivery to a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(0); Fed. R. Civ. Proc. 5(0).)E (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served Via electronic transmission Via the above listed email addresses on the date below. (Cal. Code Civ. Proc. § 1010.6(6); Fed. R. Civ. Proc. 5(b)(2)(E); Fed. R. Civ. Proc. 5(b)(3).) D (BY FACSIMILE TRANSMISSION) I caused said document(s) t0 be served Via facsimile transmission via the above listed fax number on the date below. (Cal. Rules 0f Court Rule 2. 306(a)) / / / /// CERTIFICATE OF SERVICE \OOOQONUI-bUJNr-t NNNNNNNNNr-tv-lr-tr-tv-tr-tr-Av-np-tr-A OOQONUI-bUJNv-‘OKOOOQQUI-PWNHO I declare under penalty 0f perjury under the laws 0f the State of California that the foregoing is true and correct. Executed 0n February 17, 2022, at Irvine, California. Delaney Graves -2- CERTIFICATE OF SERVICE