Christopher Booher v. Jetblue Airways Corporation

Northern District of California, cand-4:2015-cv-01203

ORDER GRANTING AS MODIFIED {{37}} STIPULATION Continuing Briefing Deadlines and Hearing on Cross Motions for Summary Judgment. Motion Hearing set for 4/15/2016 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on 1/4/16.

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Case 4:15-cv-01203-JSW Document 38 37 Filed 01/04/16 12/30/15 Page 1 of 4 1 MATTHEW HELLAND (SBN 250451) DARYL S. LANDY (SBN 136288) helland@nka.com dlandy@morganlewis.com 2 DANIEL BROME (SBN 278915) MORGAN, LEWIS & BOCKIUS LLP dbrome@nka.com 5 Park Plaza, Suite 1740 3 NICHOLS KASTER, LLP Irvine, CA 92614 One Embarcadero Center, Suite 720 Tel: 949.399.7000 4 San Francisco, CA 94111 Fax: 949.399.7001 Tel: 415.277.7235 5 Fax: 415.277.7238 ANNA KIM (SBN 292082) anna.kim@morganlewis.com 6 Attorneys for Plaintiff MORGAN, LEWIS & BOCKIUS LLP CHRISTOPHER BOOHER 300 South Grand Avenue 7 Los Angeles, CA 90071-3132 Tel: 213.612.2500 8 Fax: 213.612.2501 9 BRENDAN T. KILLEEN (admitted pro hac vice) 10 bkilleen@morganlewis.com MORGAN, LEWIS & BOCKIUS LLP 11 101 Park Avenue New York, NY 10178 12 Tel: 212.309.6000 Fax: 212.309.6001 13 14 Attorneys for Defendant JETBLUE AIRWAYS CORPORATION 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 CHRISTOPHER BOOHER and PATRICIA Case No. 4:15-cv-01203-JSW REID, individually, on behalf of others 20 similarly situated, and on behalf of the general JOINT STIPULATION CONTINUING public, BRIEFING DEADLINES AND HEARING 21 ON CROSS MOTIONS FOR SUMMARY Plaintiffs, JUDGMENT 22 vs. 23 JETBLUE AIRWAYS CORPORATION, 24 Defendant. 25 26 27 28 JOINT STIPULATION CONTINUING BRIEFING DEADLINES AND HEARING ON CROSS MOTIONS FOR SUMMARY JUDGMENT CASE NO. 4:15-CV-01203-JSW Case 4:15-cv-01203-JSW Document 38 37 Filed 01/04/16 12/30/15 Page 2 of 4 1 The parties, by and through their attorneys of record, hereby stipulate and agree as 2 follows: 3 WHEREAS, on June 19, 2015, the Parties filed a Joint Case Management Statement (ECF 4 No. 24) which proposed, inter alia, a briefing and hearing schedule for early cross motions for 5 summary judgment; 6 WHEREAS, on June 26, 2015, the Court issued a Minute Order (ECF No. 25) adopting 7 the Parties' proposed briefing and hearing schedule, as follows: 8  opening summary judgment due: 1/15/2016 9  opposition and cross-motion due: 1/29/2016 10  reply and opposition to the cross-motion due: 2/12/2016 11  reply due: 2/19/2016 12  Hearing on cross disposition motions: 3/4/2016 at 9:00 a.m. 13 WHEREAS, the Parties are represented by the same law firms representing the parties in 14 the matter of Oman v. Delta Air Lines, Inc. Case No. 3:15-cv-00131-WHO (N.D.Cal.) ("Oman"); 15 WHEREAS, Oman raises legal challenges to flight attendant compensation practices that 16 are similar to those challenged by Plaintiffs here; 17 WHEREAS, cross motions for summary judgment in Oman were originally scheduled for 18 hearing on November 18, 2015, with the expectation of a ruling prior to a December 15, 2015 19 case management conference; 20 WHEREAS, the Oman summary judgment hearing was continued to December 16, 2015, 21 due to unanticipated delays in defense counsel's trial schedule; 22 WHEREAS, after the Oman summary judgment hearing, the undersigned Counsel agreed 23 in principal to continuing the summary judgment briefing schedule in this case to allow the Oman 24 court to issue an order; 25 WHEREAS, the Oman court issued a summary judgment ruling on December 29, 2015; 26 WHEREAS, the Parties diligently pursued discovery and were prepared to meet the 27 28 JOINT STIPULATION CONTINUING BRIEFING DEADLINES AND HEARING ON CROSS MOTIONS 1 FOR SUMMARY JUDGMENT CASE NO. 4:15-CV-01203-JSW Case 4:15-cv-01203-JSW Document 38 37 Filed 01/04/16 12/30/15 Page 3 of 4 1 Court's originally-ordered dates, were it not for the extension Plaintiffs' Counsel granted to 2 Defense Counsel's firm as a professional courtesy in the Oman matter; 3 WHEREAS, Plaintiffs' Counsel seeks a short continuance of the briefing and hearing 4 schedule to allow time to incorporate the Oman ruling into its summary judgment briefing, 5 especially given the New Year's Holiday; 6 WHEREAS, the Court has not set any discovery or motion deadlines other than those 7 addressed here. 8 WHEREFORE, the parties hereby STIPULATE AND AGREE to continue the briefing 9 and hearing schedule on cross motions for summary judgment as follows: 10  February 4, 2016: Plaintiffs' Summary Judgment Motion 11  February 19, 2016: Defendant's Opposition and Summary Judgment Motion 12  March 4, 2016: Plaintiffs' Reply and Opposition 13  March 11, 2016: Defendant's Reply 14 April 15, 2016 at 9:00 a.m.  March 25, 2016: Summary Judgment Hearing 15 Dated: December 30, 2015 NICHOLS KASTER, LLP 16 17 By s/ Matthew C. Helland 18 Matthew C. Helland Daniel S. Brome 19 Attorneys for Plaintiff CHRISTOPHER BOOHER 20 Dated: December 30, 2015 MORGAN, LEWIS & BOCKIUS LLP 21 22 By s/ Daryl S. Landy 23 Daryl S. Landy Anna Kim 24 Brendan T. Killeen Attorneys for Defendant 25 JETBLUE AIRWAYS CORPORATION (erroneously named as JetBlue Airlines 26 Corporation) 27 28 JOINT STIPULATION CONTINUING BRIEFING DEADLINES AND HEARING ON CROSS 2 MOTIONS FOR SUMMARY JUDGMENT CASE NO. 4:15-CV-01203-JSW Case 4:15-cv-01203-JSW Document 38 37 Filed 01/04/16 12/30/15 Page 4 of 4 1 I, Matthew C. Helland, attest that I have obtained concurrence from Daryl S. Landy in the 2 filing of this Joint Stipulation Continuing Briefing Deadlines and Hearing on Cross Motions for 3 Summary Judgment. See N.D. Cal. Civ. L.R. 5-1(i)(3). 4 5 [PROPOSED] ORDER 6 7 Pursuant to the stipulation of counsel, IT IS SO ORDERED. AS MODIFIED. 8 9 Dated: January 4, 2016 Hon. Jeffrey S. White 10 United States District Court Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION CONTINUING BRIEFING DEADLINES AND HEARING ON CROSS 3 MOTIONS FOR SUMMARY JUDGMENT CASE NO. 4:15-CV-01203-JSW