The opinion of the court was delivered by: Judge: Hon. Richard Seeborg
RS CLASS ACTION STIPULATION RE REVISED JOINT PROPOSED SCHEDULE FOR CLASS CERTIFICATION (SECOND REVISION) Dept.: 3 - 17th floor
Pursuant to Civil Local Rule 6-2, the parties respectfully submit this Stipulation re Revised 24 Joint Proposed Briefing Schedule for Class Certification in this action which modifies, in part, the 25 Court's previous Order re Joint Briefing Schedule for Class Certification (Dkt. 62). 26
As set forth in the accompanying Declaration of Gabriel G. Gregg, the plaintiffs filed 27 papers associated with their Motion for Class Certification on October 16, 2012. In connection 28 with Safeway Inc.'s ("Safeway") opposition to this motion, the parties have encountered certain discovery issues which they now agree compels them to seek a (likely final) stipulation requesting 2 an extension of the remaining briefing schedule and rescheduling of this Court's hearing date re 3 class certification. 4
First, on October 22, 2012, Safeway served written discovery concerning class certification 5 on the two proposed class representatives. Safeway had previously propounded written discovery 6 earlier this year, however, that set was placed on hold pending the parties' mediation efforts and 7 settlement discussions. Plaintiffs have attempted to expedite their responses to both sets of written 8 discovery but continue to work on finalizing their responses and objections. 9
Second, plaintiff Dee Hensley-Maclean, a resident of Montana and one of the two 10 proposed class representatives, is the primary caregiver for her mother who recently became very 11 OBINSON ill. She will likely be unavailable for deposition through the end of the year. Plaintiffs' counsel expects that Ms. Hensley-Maclean may be available for deposition in January 2013.
Third, the parties have agreed that plaintiff Jennifer Rosen's deposition may be taken on
Accordingly, the parties stipulate and request that this Court grant an extension of two months on the remaining filing dates relating to the motion for class certification, and reschedule the hearing on class certification accordingly, as follows: 18
1. Class Certification Filings. Defendant's opposition brief shall be filed no later 19 than January 31, 2013. Plaintiffs' reply brief shall be filed no later than March 18, 2013. After 20 the Court rules on class certification, the parties will submit proposed dates for merits discovery, 21 dispositive motions, and trial. 22
2. Hearing on Class Certification. Hearing on the class certification motion will be 23 set for April 11, 2013 at 1:30 p.m. 24
3. Experts and Discovery. As required by Fed. R. Civ. P. 26(a)(2), reports from 25 experts retained relating to class certification are due from defendant Safeway by January 31, 26 2013. Reports from rebuttal experts retained relating to class certification are due by March 18, 27 2013. The parties will serve all discovery requests relating to class certification so as to 28 be completed by December 31, 2012, however, for good cause shown, a party may conduct class 2 discovery solely relating to rebuttal expert reports after December 31, 2012. 3
Dated: November 21, 2012 4 Respectfully submitted, 5 Center for Science in the Public Interest Robinson & Wood, Inc. 6 /s/ Stephen Gardner /s/ Gabriel G. Gregg 7 Stephen Gardner Jesse F. Ruiz 8 Seema Rattan Gabriel G. Gregg 5646 Milton Street, Suite 211 227 N. 1st Street 9 Dallas, TX 85206 San Jose, CA 95113 Telephone: (214) 827-2774 Telephone: (408) 298-7120 10 Facsimile: (214) 827-2787 Facsimile: (408) 298-0477 11 . Consumer Law Practice of Daniel T. LeBel NC Daniel T. LeBel OOD AW 601 Van Ness Avenue L 13 Opera Plaza, Suite 2080 W TTORNEYS AT San Francisco, CA 94102 & 14 15 A -and- 16 R OBINSON Steven A. Skalet 17 Craig L. Briskin Mehri & Skalet, PLLC 18 1250 Connecticut Ave., NW, Suite 300 Washington, DC 20036 19 Telephone: (202) 822-5100 Facsimile: (202) 822-4997 20 21 -and- 22 Whitney Stark Rukin Hyland Doria & Tindall LLP 23 100 Pine Street, Suite 2150 San Francisco, CA 94111 24 ...