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Shirley "Rae" Ellis, et al v. Costco Wholesale Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


January 14, 2013

SHIRLEY "RAE" ELLIS, ET AL.,
PLAINTIFFS,
v.
COSTCO WHOLESALE CORPORATION
DEFENDANT.

The opinion of the court was delivered by: Edward M. Chen U.S. District Judge

SUPPLEMENTAL JOINT CASE MANAGEMENT STATEMENT ORDER RESETTING STATUS CONFERENCE

Date: January 17, 2013) Time: 10:30 a.m. 25

The parties submit this Supplemental Joint Case Management Statement. The parties 2 have no disputes to present to the Court at this time and suggest the Court may want to continue 3 the case management conference to February 7, when further developments may warrant the 4 Court's attention.

CURRENT PROCEDURAL POSTURE

Costco's Rule 23(f) request, which Plaintiffs have opposed, remains pending in the Ninth 7 Circuit. Other background information on the case appears in the Joint Report that was filed on 8 November 2, 2012. This Report covers interim developments.

1. Class Notice

The class administrator sent notice to 1258 individuals on December 27, 2012. The opt- 11 out deadline is February 11, 2013.

2. ESI Discovery

The parties will confer to discuss ESI discovery issues, in accordance with the Northern District's model document, on January 16, 2013.

3. Other Discovery

The parties have submitted a discovery plan. Costco is updating electronic data and producing personnel files for individuals with U.S. warehouse Staff Manager experience since January 1, 1999.

4. Settlement.

The parties have mediated with private mediator Mark Rudy. They believe any future mediation would be most productive with him as opposed to another mediator. They are discussing whether they believe future mediation would be productive and will be prepared to make a recommendation at the case management conference.

5. Trial and pre-trial dates.

The Court's order of November 13, 2012, Docket 699, established these dates: 26  Jury trial date: January 21, 2014, at 8:30 a.m.

 Dispositive motion cutoff (for motions to be heard): October 31, 2013

 Non-expert discovery cutoff: August 9, 2013

 Expert reports: opening reports by August 9, 2013 and rebuttals by August 30, 2013

 Expert discovery cutoff: September 20, 2013

6. Next case management conference.

The parties propose March 21, 2013, at 10:30 a.m.

DATED: January 10, 2013 THE IMPACT FUND 10 11 By ____/s/ Jocelyn D. Larkin_____ 12 Jocelyn D. Larkin Attorneys for Plaintiffs 13 14 DATED: January 10, 2013 SEYFARTH SHAW LLP 15 16 By ____/s/ Davd D. Kadue_______ David D. Kadue 17 Attorneys for Defendant COSTCO WHOLESALE CORPORATION 18 Additional Counsel for Plaintiffs:

IT IS SO ORDERED that the status is reset from 1/17/13 to 3/21/13 at 10:30 a.m. An updated 23 joint status report shall be filed by 3/14/13.

SO ORDERED U AS MODIFIED A

Judge Edward

LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 2 Kelly Dermody (SBN: 171716) Daniel Hutchinson (SBN: 239458) 3 Embarcadero Center West 275 Battery Street, 30th Floor 4 San Francisco, Ca 94111-3339 Telephone: (415) 956-1000 5 Facsimile: (415) 956-1008 kdermody@lchb.com 6 DAVIS, COWELL & BOWE, LLP 7 Steve Stemerman (SBN: 067690) Elizabeth A. Lawrence (SBN: 111781) 8 595 Market Street, #1400 San Francisco, CA 94105 9 Telephone: (415) 597-7200 Facsimile: (415) 597-7201 10 eal@dcbsf.com ALTSHULER BERZON LLP James M. Finberg (SBN: 114850) 12 177 Post Street, Suite 300 San Francisco, CA 94108 13 Telephone: (415) 421-7151 Facsimile: (415) 362-8064 14 jfinberg@altshulerberzon.com Additional Counsel for Defendant SEYFARTH SHAW LLP 16 David B. Ross (Admitted Pro Hac Vice) 620 8th Avenue 17 32nd Floor New York, New York 10018 18 (212) 218-5500 dross@seyfarth.com 19 20 21 22 23 24

20130114

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