UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
April 22, 2013
DEE HENSLEY-MACLEAN AND SARA DUNCAN, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
SAFEWAY INC. AND DOES ONE THROUGH TWENTY, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Richard Seeborg United States District Judge
CLASS ACTION STIPULATION RE PROPOSED SCHEDULING ORDER FOLLOWING FILING OF FIRST AMENDED COMPLAINT AND [PROPOSED] ORDER RE SAME
Judge: Hon. Richard Seeborg Dept.: 3 - 17th floor
Pursuant to this Court's Order dated April 8, 2013 (Doc. 73), and Civil Local Rule 6-2, the 25 parties respectfully submit this Stipulation re Proposed Scheduling Order Following Filing of First 26
Amended Complaint. 27
As set forth in the parties Stipulation for Leave to File First Amended Complaint and 28 Revise the Scheduling Order filed on April 5, 2013 (Doc. 72), the parties stipulated that plaintiffs could file a First Amended Complaint in this action and vacate dates relating to the class 2 certification process set forth in the Court's Order dated January 18, 2013 (Doc. 70). Per the 3 Court's Order of April 8, 2013 (Doc. 73) such dates were vacated, and plaintiffs filed their First 4 Amended Complaint on April 16, 2013 (Doc. 74), which substituted a new plaintiff, Sara Duncan, 5 as a proposed class representative. 6
Following is the parties' stipulated proposal regarding amendment of dates in this action 7 arising out of the filing of the First Amended Complaint. 8
The parties propose that this Court initially schedule through a motion for class 9 certification as follows. After the Court rules on class certification, the parties will submit 10 proposed dates for merits discovery, dispositive motions, and trial. 11
1. Pre-Discovery Disclosures. The parties will exchange any information required by Fed. R. Civ. P. 26(a)(1) relating to the new plaintiff, Sara Duncan, by May 3, 2013.
2. Written Discovery. The parties will serve all new non-expert discovery requests so as to be completed by June 17, 2013. The parties agree to respond to written discovery requests within twenty (20) days rather than the thirty (30) days permitted under the FRCP. As required by Fed. R. Civ. P. 26(a)(2), reports from experts relating to class certification are due from plaintiffs by May 1, 2013, and from Safeway by July 15, 2013. Reports from rebuttal experts are due from plaintiffs by August 30, 2013.
3. Depositions. The parties will complete all non-expert depositions by July 1, 22 2013. Each party will complete depositions of the other party's expert(s) within 20 days of receiving expert reports (10 days for rebuttal experts) and the party producing the expert report shall make its expert available for deposition within that time.
4. Class Certification. Plaintiffs' Motion for Class Certification shall be filed with 27 an opening brief on or before May 1, 2013. Safeway's opposition is due on or before July 15, 2013. Plaintiffs' reply is due by August 30, 2013.
5. Hearing on Class Certification: The Court shall schedule the hearing on class 2 certification on or after September 16, 2013. The hearing date shall be set for
________________, 2013, 9/19 at _____. 1:30 pm.
Dated: April 18, 2013
Respectfully submitted, 6 Center for Science in the Public Interest Robinson & Wood, Inc. 7 /s/ Stephen Gardner /s/ Gabriel G. Gregg 8 Stephen Gardner Jesse F. Ruiz 9 Seema Rattan Gabriel G. Gregg 5646 Milton Street, Suite 211 227 N. 1st Street 10 Dallas, TX 85206 San Jose, CA 95113 Telephone: (214) 827-2774 Telephone: (408) 298-7120 11 Facsimile: (214) 827-2787 Facsimile: (408) 298-0477 Consumer Law Practice of Daniel T. LeBel Daniel T. LeBel 601 Van Ness Avenue 14 Opera Plaza, Suite 2080 San Francisco, CA 94102 15 -and- 17 Steven A. Skalet 18 Craig L. Briskin Mehri & Skalet, PLLC 19 1250 Connecticut Ave., NW, Suite 300 Washington, DC 20036 20 Telephone: (202) 822-5100 Facsimile: (202) 822-4997 21 22 -and- 23 Whitney Stark Rukin Hyland Doria & Tindall LLP 24 100 Pine Street, Suite 2150 San Francisco, CA 94111 25 Telephone: (415) 421-1800 Facsimile: (415) 421-1700 26 James C. Sturdevant The Sturdevant Law Firm 2 354 Pine Street, Fourth Floor San Francisco, CA 94104 3 Telephone: (415) 477-2410 Facsimile: (415) 477-2420 4 5
PURSUANT TO STIPULATION IT IS SO ORDERED: 7 8
I, Gabriel G. Gregg, hereby attest in accordance with General Order 45.X that Stephen 3 Gardner, counsel for Plaintiffs Hensley-Maclean and Rosen, provided his concurrence with the 4 electronic filing of the foregoing document entitled
Dated: April 18, 2013 ROBINSON & WOOD, INC.
By: /s/ Gabriel G. Gregg
JESSE F. RUIZ GABRIEL G. GREGG
Attorneys for Defendant SAFEWAY INC.
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