UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
May 22, 2012
DEE HENSLEY-MACLEAN AND JENNIFER ROSEN, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
SAFEWAY INC. AND DOES ONE THROUGH TWENTY, INCLUSIVE,
CLASS ACTION STIPULATION RE REVISED JOINT PROPOSED SCHEDULE FOR CLASS CERTIFICATION Judge: Hon. Richard Seeborg Dept.: 3 - 17th floor
Pursuant to Civil Local Rule 6-2, the parties respectfully submit this Stipulation re Revised Joint Proposed Briefing Schedule for Class Certification in this action which modifies the Court's 25 previous Order re Joint Briefing Schedule for Class Certification (Doc. 57). As set forth in the 26 accompanying Declaration of Jesse F. Ruiz, the parties held a full day of mediation before Martin 27
Quinn, Esq. of JAMS on April 24, 2012. The parties continue to work with Mr. Quinn in hope of 28 resolving this litigation. The mutually-agreeable revised briefing schedule set forth in this Stipulation will provide the parties the time to continue and complete the mediation process in 2 good faith without the complication and imposition of immediate scheduling obligations in this 3 action.
1. Class Certification. Plaintiffs' class certification motion pursuant to Federal Rule 5 of Civil Procedure 23 shall be filed with an opening brief on or before August 13, 2012. 6
Defendant's opposition brief shall be filed no later than 45 days after filing of the motion. 7
Plaintiffs' reply brief shall be filed no later than 45 days after filing of the opposition brief. After 8 the Court rules on class certification, the parties will submit proposed dates for merits discovery, 9 dispositive motions, and trial. 10
2. Hearing on Class Certification. Hearing on the class certification motion will be experts retained relating to class certification are due from the plaintiffs by August 13, 2012, and from defendant by September 27, 2012. Reports from rebuttal experts retained relating to class 15 certification are due by November 19, 2012. The parties will serve all discovery requests relating to class certification so as to be completed by October 31, 2012, however, for good cause shown, a party may conduct class discovery solely relating to rebuttal expert reports after October 31, 2012.
Dated: May 22, 2012 19
Respectfully submitted, 20
Center for Science in the Public Interest Robinson & Wood, Inc. 21
/s/ Stephen Gardner /s/ Gabriel G. Gregg 22
Stephen Gardner Jesse F. Ruiz 23
Seema Rattan Gabriel G. Gregg 5646 Milton Street, Suite 211 227 N. 1st Street 24
Dallas, TX 85206 San Jose, CA 95113 Telephone: (214) 827-2774 Telephone: (408) 298-7120 25
Facsimile: (214) 827-2787 Facsimile: (408) 298-0477 26
Consumer Law Practice of Daniel T. LeBel 27
Daniel T. LeBel 601 Van Ness Avenue 28
Opera Plaza, Suite 2080
2 3:11-CV-01230 RS
San Francisco, CA 94102 2 3
Steven A. Skalet Craig L. Briskin 5
Mehri & Skalet, PLLC 1250 Connecticut Ave., NW, Suite 300 6
Washington, DC 20036 Telephone: (202) 822-5100 7
Facsimile: (202) 822-4997 8
Whitney Stark 10
Rukin Hyland Doria & Tindall LLP 100 Pine Street, Suite 2150 11
San Francisco, CA 94111
James C. Sturdevant
The Sturdevant Law Firm 15
354 Pine Street, Fourth Floor
San Francisco, CA 94104 16
Telephone: (415) 477-2410
Facsimile: (415) 477-2420 17 18
PURSUANT TO STIPULATION IT IS SO ORDERED:20 21
Dated: May__, 2012
UNITED STATES DISTRICT JUDGE
I, Gabriel G. Gregg, hereby attest in accordance with General Order 45.X that Stephen Gardner, counsel for Plaintiffs Hensley-Maclean and Rosen, provided his concurrence with the 4 electronic filing of the foregoing document entitled STIPULATION RE REVISED JOINT
PROPOSED SCHEDULE FOR CLASS CERTIFICATION.
ROBINSON & WOOD, INC.
By: /s/ Gabriel G. Gregg
JESSE F. RUIZ GABRIEL G. GREGG Attorneys for Defendant SAFEWAY INC.
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