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Ridgway v. Wal-Mart Stores, Inc.

United States District Court, N.D. California

July 6, 2016

CHARLES RIDGWAY, et al., Plaintiffs
v.
WAL-MART STORES, INC., Defendant.

          ORDER RE: RECENTLY IDENTIFIED CLASS MEMBERS AND SCHEDULE ADJUSTMENTS RE: DKT., 314

          SUSAN ILLSTON United States District Judge

         Currently before the Court is plaintiffs' motion for an order directing issuance of supplemental class notice to recently identified class members. Docket No. 213 ("Mot."). On June 14, 2016, defendant Wal-Mart notified plaintiffs that it had identified an additional 42 class members who were inadvertently not included in the previous class list. Docket No. 316, Decl. of Jesse A. Cripps ¶ 2, Ex. A. Plaintiffs therefore seek an order regarding, among other items, class notice, supplemental expert reports, and the costs associated with each. Wal-Mart has filed a response, asking that the Court order a 60-day opt-out period and proposing alternative and additional deadlines to those put forward in plaintiffs' motion. Docket No. 315 ("Resp.").

         Pursuant to Civil Local Rule 7-1(b), the Court finds this matter suitable for resolution without oral argument and VACATES the hearing currently scheduled for July 8, 2016. Having considered the papers filed, the Court hereby ORDERS as follows.

         Class Notice: Class notice shall issue to the 42 recently identified class members no later than July 12, 2016. The notice attached as Exhibit B to the Declaration of Daniel M. Kopfman, Docket No. 314-2, is approved with the following changes:

• The notice shall give the class members a 45-day opt-out period, resulting in an opt-out deadline of no later than August 26, 2016.
• Section I shall include the following language, in place of the language from the original class notice that plaintiffs seek to strike:[1] "The case has not yet gone to trial, and the Court has not entered a final judgment in the action or determined that Wal-Mart owes any money or damages. The trial in this case is currently set to begin on October 3, 2016." (See below regarding new trial date.)
• Section IX shall be modified to reflect the new trial date of October 3, 2016, in place of the September 19, 2016, date.

         Wal-Mart shall pay the costs of notice, which plaintiffs estimate to be approximately $158. See Kopfman Decl. ¶ 20, Ex. C.

         Expert Supplementation: Wal-Mart has indicated that on July 1, 2016, it produced additional discovery related to the 42 class members. Resp. at 8. Therefore, plaintiffs may serve supplemental expert reports that reflect this new production no later than July 12, 2016, and defendants may serve a supplemental expert report from Dr. Jonathan Walker no later than July 19, 2016.[2]Each expert for whom a supplemental report is served shall be made available for deposition within fourteen days of the service of the supplemental report. As agreed to in their papers, Wal-Mart shall pay the reasonable costs associated with plaintiffs' supplemental expert report(s). See Id . at 3.

         Motions Deadlines: Wal-Mart has requested that the Court set deadlines for the filing of Daubert motions on the supplemental expert reports and for Wal-Mart's decertification motion. The Court declines to set a schedule for the filing of Daubert motions. As to any motion to decertify the class, the Court has already set a motions deadline of July 8, 2016, and this remains the deadline.[3]

         Trial Dates: The Court finds that a slightly modified trial schedule is appropriate at this time. The pretrial conference is hereby continued to September 20, 2016, at 3:30 p.m in Courtroom 1, 17th Floor. The trial is continued to October 3, 2016, at 8:30 a.m.

         IT IS SO ORDERED.

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