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Candace Casida and Lizette Galvan,Individually, and On Behalf of All Others Similarly Situated v. Sears Holdings Corporation and Sears

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


November 26, 2012

CANDACE CASIDA AND LIZETTE GALVAN,INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
SEARS HOLDINGS CORPORATION AND SEARS, ROEBUCK & CO.,
DEFENDANTS.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

STIPULATION AND ORDER EXTENDING NON-EXPERT MERITS- RELATED DISCOVERY DEADLINE Judges: Hon. Ishii and Hon. Thurston Action Filed: March 28, 2011 STIPULATION AND ORDER EXTENDING NON-EXPERT MERITS-RELATED DISCOVERY DEADLINE

Plaintiffs Candace Casida and Lizette Galvan ("Plaintiffs") and Defendants Sears Holdings Corporation and Sears, Roebuck & Co. (collectively, "Sears" or "Defendants") (Plaintiffs and Defendants are hereafter referred to as the "Parties"), through their respective counsel of record, agree and stipulate as follows:

1. On October 12, 2011, this court entered a scheduling order that required Parties to complete all non-expert merits-related discovery on or before November 16, 2012. [Dkt. # 72.] The court also set a March 1, 2013 deadline for all merits-related expert discovery, and set the first day for trial on October 22, 2013.

2. On May 11, 2012, Plaintiff Casida presented her Motion for Class Certification. [Dkt. # 99.] On August 8, 2012, Magistrate Judge Thurston issued Findings and Recommendations denying Plaintiff's motion. Judge Ishii then entered an order adopting Magistrate Judge Thurston's Findings and Recommendations on August 29, 2012. [Dkt. # 153 & 154.]

3. Shortly thereafter the Parties began preliminary settlement discussions in good faith. While the parties took substantial discovery prior to and in connection with Plaintiffs' motion for class certification, the parties have not taken additional discovery since receipt of the Court's order denying Plaintiffs' Motion for Class Certification and instead have focused their efforts towards resolution of the litigation. Declaration of Matthew B. George, ¶ 4. Additionally, lead counsel for Sears has been in trial in another matter through most of October which has slightly delayed progress on the parties' ongoing settlement discussions. Id.

4. Accordingly, the Parties request a modification to the scheduling order to allow the Parties to continue focusing on resolving this matter and to avoid additional time and expense associated with completing any remaining non-expert discovery that may be unnecessary should the parties resolve this matter. Thus, the Parties propose extending the non-expert discovery deadline to March 1, 2013, to coincide with the currently scheduled deadline for expert discovery. Creating one consolidated discovery deadline should not impact any other dates previously set by the Court or change the trial date of October 22, 2013.

STIPULATION

NOW THEREFORE, good cause appearing, the Parties, through their respective counsel of record, stipulate as follows:

1. The Parties request that the court amend its October 12, 2011, scheduling order to change the merits-related non-expert discovery deadline from November 16, 2012, to March 1, 2013. All other deadlines previously entered by the court will remain the same.

This Stipulation shall be effective when signed by counsel for the Parties and entered by the Court.

IT IS SO STIPULATED

DATED: November 26, 2012 Respectfully submitted, By: /s/ Matthew B. George Eric H. Gibbs Matthew B. George GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, California 94108 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 E-mail: ehg@girardgibbs.com E-mail: mbg@girardgibbs.com Attorneys for Plaintiffs Candace Casida and Lizette Galvan By: /s/ Sara Dionne Sara Dionne ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 Sacramento, CA 95814-4497 Telephone: (916) 329-7944 Facsimile: (916) 329-4900 Attorneys for Defendants

IT IS SO ORDERED.

20121126

© 1992-2012 VersusLaw Inc.



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