Filed: Sep. 24, 2018
Latest Update: Sep. 24, 2018
Summary: JOINT STIPULATION REGARDING CLASS DISCOVERY AND TRIAL PLAN; ORDER KIMBERLY J. MUELLER , District Judge . Plaintiffs ROBERT WESTFALL, DAVID E. ANDERSON, LYNN BOBBY, DAVID ELLINGER (hereinafter, "Plaintiffs"), and Defendant BALL METAL BEVERAGE CONTAINER CORP. (hereinafter, "Defendant") (hereinafter, collectively, the "Parties"), hereby stipulate as follows: WHEREAS, on August 20, 2018 the Court ordered the Parties to submit a briefing schedule on Defendant's "Motion to Compel Plaintiff to Su
Summary: JOINT STIPULATION REGARDING CLASS DISCOVERY AND TRIAL PLAN; ORDER KIMBERLY J. MUELLER , District Judge . Plaintiffs ROBERT WESTFALL, DAVID E. ANDERSON, LYNN BOBBY, DAVID ELLINGER (hereinafter, "Plaintiffs"), and Defendant BALL METAL BEVERAGE CONTAINER CORP. (hereinafter, "Defendant") (hereinafter, collectively, the "Parties"), hereby stipulate as follows: WHEREAS, on August 20, 2018 the Court ordered the Parties to submit a briefing schedule on Defendant's "Motion to Compel Plaintiff to Sub..
More
JOINT STIPULATION REGARDING CLASS DISCOVERY AND TRIAL PLAN; ORDER
KIMBERLY J. MUELLER, District Judge.
Plaintiffs ROBERT WESTFALL, DAVID E. ANDERSON, LYNN BOBBY, DAVID ELLINGER (hereinafter, "Plaintiffs"), and Defendant BALL METAL BEVERAGE CONTAINER CORP. (hereinafter, "Defendant") (hereinafter, collectively, the "Parties"), hereby stipulate as follows:
WHEREAS, on August 20, 2018 the Court ordered the Parties to submit a briefing schedule on Defendant's "Motion to Compel Plaintiff to Submit a Trial Plan and for Relief from 10-Deposition Limit" (ECF No. [76]) (hereinafter, the "Motion") within fourteen (14) days;
WHEREAS, on August 21, 2018 the Parties, though counsel, met and conferred by telephone regarding a trial plan, and further discovery including class member depositions;
WHEREAS, Plaintiffs have agreed that a trial plan pursuant to Duran v. U.S. Bank, 59 Cal.4th 1 (2014) of some kind may be called for in this action, but it is premature to decide if required, or to agree to its terms at this time;
WHEREAS, the Parties agree that additional discovery, including class member depositions, is warranted but the exact scope and nature of such discovery depends to some degree on the Court's resolution of Plaintiffs' pending Motion for Reconsideration (ECF No. [59]);
NOW THEREFORE, the Parties stipulate as follows:
• It is not necessary to proceed with the Motion at this time (subject to Defendant's ability to re-submit such a motion in the future if necessary);
• Within fourteen (14) days of the Court's ruling on the Motion for Reconsideration, Defendant will provide Plaintiffs with a proposed class discovery plan, to include proposals regarding the number, length, and anticipated topics of class member depositions;
• Within fourteen (14) days of receiving Defendant's plan, Plaintiffs will give a written response indicating whether they agree to the plan or whether, if they dispute any aspect of it, and the factual basis for any such dispute;
• As necessary, the Parties will obtain input from experts qualified in relevant subject matters (such as statistics) in developing their discovery plan proposals;
• Following Plaintiffs' response, the Parties will further confer, if needed, and within fourteen (14) days of such response will file a joint report to the Court regarding the aspects of a discovery plan that are agreed-upon, as well as a description of any disputes that the Parties desire to submit to the Court for resolution;
• As part of the Parties' joint submission, they will propose a schedule for completing such discovery, including any modifications to the present pre-trial schedule that may be needed;
• During the course of such additional discovery, the Parties will confer regarding a reasonable time for Plaintiffs to provide a "trial plan" if one is agreed as being needed, and whether any motions are required in such regard; and
• The Parties' proposals regarding such discovery plans will be for purposes of discovery only, and shall be without prejudice as to the Parties' ability to seek appropriate relief from the Court to modify such plans, to seek additional discovery, to seek protective orders, for Plaintiffs to take the position that no "trial plan" is needed, for Defendant to seek to compel a "trial plan", for Defendant to dispute the validity or adequacy of any "trial plan" (or lack thereof) under applicable law and/or for Defendant to take the position that any certified class in this action should be modified or de-certified, or for the Parties to seek any other appropriate relief.
ORDER
Pursuant to the foregoing stipulation and joint report, and good cause appearing therefor, IT IS ORDERED that:
• Defendant's Motion (ECF No. [76]) is deemed withdrawn, without prejudice for Defendant to seek similar or related relief in the future;
• Within fourteen (14) days of the Court's ruling on Plaintiffs' pending Motion for Reconsideration (ECF No. [59], Defendant shall provide Plaintiffs with a proposed class discovery plan, to include proposals regarding the number, length, and anticipated topics of class member depositions;
• Within fourteen (14) days of receiving Defendant's plan, Plaintiffs shall give a written response indicating whether they agree to the plan or whether, if they dispute any aspect of it, and the factual basis for any such dispute;
• As necessary, the Parties shall obtain input from experts qualified in relevant subject matters (such as statistics) in developing their discovery plan proposals;
• Following Plaintiffs' response, the Parties shall further confer, if needed, and within fourteen (14) days of such response shall file a joint report to the Court regarding the aspects of a discovery plan that are agreed-upon, as well as a description of any disputes that the Parties desire to submit to the Court for resolution;
• As part of the Parties' joint submission, they shall propose a schedule for completing such discovery, including any modifications to the present pre-trial schedule that may be needed;
• During the course of such additional discovery, the Parties shall confer regarding a reasonable time for Plaintiffs to provide a "trial plan" if one is agreed as being needed, and whether any motions are required in such regard; and
• The Parties' proposals regarding such discovery plans will be for purposes of discovery only, and shall be without prejudice as to the Parties' ability to seek appropriate relief from the Court to modify such plans, to seek additional discovery, to seek protective orders, for Plaintiffs to take the position that no "trial plan" is needed, for Defendant to seek to compel a "trial plan", for Defendant to dispute the validity or adequacy of any "trial plan" (or lack thereof) under applicable law and/or for Defendant to take the position that any certified class in this action should be modified or de-certified, or for the Parties to seek any other appropriate relief.
