Filed: May 28, 2014
Latest Update: May 28, 2014
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE VARIOUS PRETRIAL DATES RICHARD SEEBORG, District Judge. Having met and conferred, and for the good cause recited below, Plaintiffs Jose Gonzalez, Girard Plair, and Andrew Newton ("Plaintiffs"), and Defendant SimplexGrinnell LP ("Defendant"), through their respective counsel, hereby stipulate to amending the current pre-trial deadlines as set forth below. RECITATIONS 1. On February 12, 2013, the Court granted Plaintiffs' motion for class cer
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE VARIOUS PRETRIAL DATES RICHARD SEEBORG, District Judge. Having met and conferred, and for the good cause recited below, Plaintiffs Jose Gonzalez, Girard Plair, and Andrew Newton ("Plaintiffs"), and Defendant SimplexGrinnell LP ("Defendant"), through their respective counsel, hereby stipulate to amending the current pre-trial deadlines as set forth below. RECITATIONS 1. On February 12, 2013, the Court granted Plaintiffs' motion for class cert..
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE VARIOUS PRETRIAL DATES
RICHARD SEEBORG, District Judge.
Having met and conferred, and for the good cause recited below, Plaintiffs Jose Gonzalez, Girard Plair, and Andrew Newton ("Plaintiffs"), and Defendant SimplexGrinnell LP ("Defendant"), through their respective counsel, hereby stipulate to amending the current pre-trial deadlines as set forth below.
RECITATIONS
1. On February 12, 2013, the Court granted Plaintiffs' motion for class certification. Defendant subsequently moved for reconsideration, which motion the Court denied on December 20, 2013.
2. On March 21, 2014, pursuant to the Court's request, the Parties submitted a Joint Statement re Proposed Class Notice and Litigation Deadlines (Docket #61), in which they proposed certain litigation deadlines, and also submitted an agreed-upon form of Class Notice.
3. By its Scheduling Order of April 30, 2014 (Docket # 62), the Court set various litigation deadlines in response to the Parties' proposal.
4. Following their initial March 21, 2014 Joint Statement, however, the Parties have engaged in extensive discussions regarding discovery and mediation scheduling and have met and conferred about these issues. As a result of these efforts the Parties have determined that it will be necessary to modify the current Scheduling Order in order to provide notice to the Class, complete necessary discovery, and engage in an effective mediation. The reasons for the requested modifications are as follows:
a. Prior to the denial of reconsideration and finalization of the Court's class certification order, Plaintiffs had engaged in only "bifurcated" discovery directed at the issue of class certification.
b. Following finalization of class certification, Plaintiffs propounded extensive discovery directed at the issues of class notice, liability, expert testimony, and damages.
c. Plaintiffs believe that the requested information is essential to providing notice to the Class, conducting effective deposition discovery, expert discovery, settlement discussions, and preparation for trial.
d. The Parties have been cooperating and do not anticipate at this juncture that Court intervention will be required in the discovery process. However, due to the extent of the information requested, Defendant has required several extensions of time and has not yet been able to fully assemble the responsive data.
e. The Parties have scheduled a mediation session for August 26, 2014, in San Francisco with Mediator Susan W. Haldeman, of Gregorio, Haldeman & Rotman.
f. The Parties wish to make a full attempt at settlement at the scheduled mediation session and believe it will facilitate settlement to allow a reasonable interval between the mediation and the trial date and other pre-trial deadlines.
STIPULATION
5. Based on the above, the Parties hereby stipulate to modify the dates set forth in the current scheduling order (Docket #62), as follows:
Matter Current Deadline Requested Deadline
Mailing of Notice to the Class April 30, 2014 June 30, 2014
Deadline for Class Members June 30, 2014 September 1, 2014
to Opt-Out
Mediation Completion August 29, 2014 September 30, 2014
Non-Expert Discovery November 14, 2014 February 16, 2015
Completion
Expert Witness designation in November 14, 2014 February 16, 2015
accordance w. Rule 26(a)(2)
Designation of supplemental December 5, 2014 March 5, 2015
and rebuttal experts in
accordance w. Rule 26(a)(2)
Deadline for completion of all January 5, 2014 April 6, 2015
expert witness discovery
pursuant to Rule 26(b)(4)
Further Case Management November 20, 2014 at 10:00 February 26, 2015
Conference a.m.
Deadline to file dispositive January 26, 2015 April 26, 2015
pretrial motions and motions
for class certification
6. The Parties further stipulate that notice to the Class shall be in the form previously submitted to the Court in connection with the Parties' Joint Scheduling Statement (Docket #61), a copy of which is attached as Exhibit "A" hereto.
IT IS SO STIPULATED.
