Filed: Jan. 29, 2015
Latest Update: Jan. 29, 2015
Summary: STIPULATION EXTENDING PRE-CERTIFICATION DISCOVERY DATES; ORDER EXTENDING PRE-CERTIFICATION DISCOVERY DATES AND BRIEFING SCHEDULE FOR CLASS CERTIFICATION MOTION AND ANY MOTION TO STRIKE CLASS CLAIMS GARY S. AUSTIN, Magistrate Judge. Plaintiff Jose Rodriguez and Defendant Kraft Foods Group, Inc. (collectively, the "Parties") respectfully submit this Stipulation Regarding Pre-Certification Discovery Dates. The Parties jointly and respectfully request that the Court grant the relief sought by this
Summary: STIPULATION EXTENDING PRE-CERTIFICATION DISCOVERY DATES; ORDER EXTENDING PRE-CERTIFICATION DISCOVERY DATES AND BRIEFING SCHEDULE FOR CLASS CERTIFICATION MOTION AND ANY MOTION TO STRIKE CLASS CLAIMS GARY S. AUSTIN, Magistrate Judge. Plaintiff Jose Rodriguez and Defendant Kraft Foods Group, Inc. (collectively, the "Parties") respectfully submit this Stipulation Regarding Pre-Certification Discovery Dates. The Parties jointly and respectfully request that the Court grant the relief sought by this ..
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STIPULATION EXTENDING PRE-CERTIFICATION DISCOVERY DATES; ORDER EXTENDING PRE-CERTIFICATION DISCOVERY DATES AND BRIEFING SCHEDULE FOR CLASS CERTIFICATION MOTION AND ANY MOTION TO STRIKE CLASS CLAIMS
GARY S. AUSTIN, Magistrate Judge.
Plaintiff Jose Rodriguez and Defendant Kraft Foods Group, Inc. (collectively, the "Parties") respectfully submit this Stipulation Regarding Pre-Certification Discovery Dates. The Parties jointly and respectfully request that the Court grant the relief sought by this Stipulation.
WHEREAS, the Parties have scheduled a mediation for April 1, 2015 with mediator Alan Berkowitz in San Francisco, California.
WHEREAS, the Parties have agreed to conduct only the discovery they have deemed necessary to settle the case prior to mediation, leaving more complete discovery until after mediation in the event that the case does not settle.
WHEREAS, the Parties wish to build more time into the case schedule for discovery post-mediation, which could be substantial, to avoid the need to conduct any such discovery pre-mediation due to the need to comply with the Court's pre-certification discovery deadlines.
WHEREAS, the Parties desire that the current deadline for motions relating to class certification of August 21, 2015 remain in place.
WHEREAS, in the Court's November 3, 2014 Scheduling Conference Order (Dkt. No. 021), the Court set the following deadlines relevant to this stipulation: (a) Completion of non-expert discovery related to class certification — May 1, 2015; (b) Completion of expert discovery related to class certification — July 10, 2015; (c) deadline for filing any discovery or other non-dispositive motions — July 17, 2015.
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, as follows:
(1) The deadline for Non-Expert Discovery related to Class Certification should be continued to June 15, 2015;
(2) A separate deadline for filing motions related to Non-Expert Discovery, and non-dispositive motions unrelated to discovery should be set for June 30, 2015;
(2) The deadline for Expert Discovery related to Class Certification should be continued to July 24, 2015; and
(3) The date for filing motions related to Expert Discovery should be continued July 31, 2015.
IT IS SO STIPULATED.
ORDER
Based on the foregoing stipulation of the parties, the Court extends pre-certification discovery dates as follows:
(1) The cut-off deadline for Non-Expert Discovery related to Class Certification is continued to June 15, 2015;
(2) The deadline for filing motions related to Non-Expert Discovery, and non-dispositive motions unrelated to discovery, is continued to June 30, 2015;
(2) The cut-off deadline for Expert Discovery related to Class Certification is continued to July 24, 2015; and
(3) The deadline for filing motions related to Expert Discovery is continued July 31, 2015.
In light of the modified discovery dates and extended non-dispositive motion filing deadlines, the Court hereby also extends the briefing schedule and hearing date for the parties' motion for class certification and any motion to strike class claims as follows:
Plaintiff's Motion for Class Certification due: September 11, 2015 Defendant's Motion to Strike Class/Representative Claims due: September 11, 2015
Defendant's Opposition to Motion for Class Certification due: October 14, 2015 Plaintiff's Opposition to Motion to Strike Class/Rep. Claims due: October 14, 2015
Plaintiff's Reply due: November 11, 2015 Defendant's Reply due: November 11, 2015
A hearing on the Motion for Class Certification and any Motion to Strike Class/Representative Claims will be held on December 11, 2015 at 10:00 a.m. before the magistrate judge to whom this case is reassigned upon Judge Austin's expected retirement in October 2015.
IT IS SO ORDERED.
