IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
October 28, 2011
JOSEPH ROLING AND ALEXANDER LANDVATER, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
E*TRADE SECURITIES LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND DOES 1-50, INCLUSIVE,
The opinion of the court was delivered by: The Honorable Edward M. Chen
STIPULATION TO EXTEND DISCOVERY DEADLINES AMENDED ORDER
Plaintiffs Joseph Roling and Alexander Landvater (collectively "Plaintiffs"), and Defendant E*TRADE Securities, LLC ("E*TRADE") (Plaintiffs and E*TRADE are collectively 3 referred to as the "Parties"), pursuant to Fed. R. Civ. P. 6 and L.R. 7-12, hereby stipulate and 4 agree to extend the class discovery deadline by sixty (60) days, and modify the Discovery Plan.
1. Plaintiffs Joseph Roling and Alexander Landvater filed this putative class action lawsuit against E*Trade Securities LLC on February 3, 2010. (Dkt. No. 1.) (Dkt. No. 69.) In support of their Stipulation, the Parties state as follows:
2. As set forth in the Revised Discovery Plan, which was approved by the Court on February 2, 2011, discovery in this matter has been bifurcated into class and merits phases, with 10 class discovery closing on November 1, 2011. (Dkt. No. 69.) 11 12 case concerns a putative class that is potentially comprised of millions customers. As such, the Parties have exchanged thousands of documents relating to customer contracts and agreements 14 dating back to 2001, and are still in the process of producing relevant documents. Additionally, 15 several depositions still need to be taken, and Plaintiffs just received on Friday, October 14, firm 16 dates for certain Rule 30(b)(6) witnesses of E*Trade. finish taking depositions, and also to issue any follow up discovery that may be necessary after 19 the depositions have been taken. litigation." Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002). The 22 court may modify the discovery deadline only for good cause. Fed. R. Civ. P. 16(b)(4); Zivkovic, 23 302 F.3d at 1087. Good cause to extend a deadline exists when the deadline "cannot reasonably 24 be met despite the diligence of the party seeking the extension." Fed. R. Civ. P 16 Advisory 25 1992).
3. Good cause exists to extend the class discovery period by sixty (60) days. This
4. Extending the discovery cut-off date by sixty (60) days will allow the Parties to
5. The district court is given broad discretion in supervising the pretrial phase of Comm. Notes (1983 Am.); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 26
6. The Parties have been diligently engaged in discovery in this matter, and the requested extension will not prejudice either party. The Parties do not anticipate any future 2 extensions or modification of the Discovery Plan currently in place.
7. This Stipulation, and the requested extension sought herein, is not brought for the 4 purposes of delay.
NOW THEREFORE, the Parties hereby, STIPULATE and AGREE, subject to Court approval, that the Court extend the class discovery deadline by sixty (60) days, and modify the Discovery Plan as follows:
a. First Phase Discovery Cutoff: January 3, 2012
b. Plaintiffs' Supplemental Motion for Class Certification: February 17, 2012
c. Defendant's Opposition to Plaintiffs' 23 Motion for Class Certification: March 30, 2012
d. Plaintiffs' Reply In Support of their 13 Motion for Class Certification: April 20, 2012
e. Hearing on the Motion for Class Certification: May 4, 2012
f. Second Phase Discovery Cutoff: August 7, 2012 or 3 months following ruling on Class Cert., whichever is later
g. Deadline for Dispositive Motions: October 8, 2012 or 60 days following close of merits discovery, whichever is later
Respectfully submitted, Dated: October 18, 2011 JOSEPH ROLING and ALEXANDER LANDVATER, individually and on behalf of a class of similarly situated individuals, By:/s/ Rafey S. Balabanian One of Plaintiffs' attorneys Rafey S. Balabanian (Admitted Pro Hac Vice) Edelson McGuire, LLC 350 North LaSalle, Suite 1300 Chicago, Illinois 60654 Tel: (312) 589-6370 firstname.lastname@example.org Dated: October 18, 2011 E*TRADE SECURITIES, LLC, 12 By:/s/ Whitty Somvichian Whitty Somvichian(194463) Cooley LLP 101 California Street, Fifth Floor San Francisco, California 94111-5800 Tel: (415) 693-2000 email@example.com Douglas P. Lobel (Admitted Pro Hac Vice) 11951 Freedom Drive Reston, Virginia 20190 Tel: (703) 456-8000 firstname.lastname@example.org
PURSUANT TO STIPULATION, IT IS SO ORDERED:
(revised on page 3)
HONORABLE EDWARD M. CHEN UNITED STATES DISTRICT JUDGE
IT IS SO ORDERED
I, Rafey S. Balabanian, an attorney, certify that, on October 18, 2011, I caused the above and foregoing Stipulation to Extend Discovery Deadlines, to be filed with the Clerk of the Court 3 and transmitted by electronic mail to all counsel of record via the Court's CM/ECF electronic filing system, on this the 18th day of October, 2011. 4
CERTIFICATE OF SERVICE
/s/ Rafey S. Balabanian
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