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In re Myford Touch Consumer Litigation

United States District Court, N.D. California

February 27, 2018

In re MYFORD TOUCH CONSUMER LITIGATION

          O'MELVENY & MYERS LLP Randall W. Edwards Attorneys for Defendant FORD MOTOR COMPANY.

          JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TRIAL DATE AND RELATED PRETRIAL DEADLINES (DENIED)

          EDWARD M. CHEN, UNITED STATES DISTRICT JUDGE

         Pursuant to Local Rules 6-1(b) and 6-2, Defendant Ford Motor Company and Plaintiffs stipulate to extend the trial date and related pretrial deadlines in this matter for the reasons explained below, and they jointly request that the Court approve this stipulation and re-set the dates accordingly. In support of this Stipulation, the Parties state as follows:

         WHEREAS, on September 18, 2017, the Court entered a Case Management and Pretrial Order for Jury Trial setting an estimated four-week trial to begin on May 11, 2018, with other pretrial deadlines in March and April 2018 (Dkt. No. 337);

         WHEREAS, on January 30, 2018, the parties submitted a Joint Case Management Conference Statement and Trial Plan Preview (Dkt. No. 371);

         WHEREAS, on February 7, 2018, the Court held a Case Management Conference in conjunction with the argument on the motion for summary judgment. At that conference, the Court directed Plaintiffs to submit a more specific trial plan by February 20, 2018, Defendant to respond by March 1, 2018, and the Parties together to submit an updated joint status report by March 8, 2018 (Dkt. No. 379);

         WHEREAS, the Court set a status conference for March 15, 2018 (Dkt. No. 379);

         WHEREAS, at the Case Management Conference, the Court and Parties discussed some pre-trial issues, including disputes about the scope and structure of the class trial. At the conference, the Court and Parties also discussed dates of unavailability of lead counsel for both Parties if the trial date were to move. Specifically, it was discussed that due to prior commitments out of the country, trial counsel were unavailable from mid-June through late July;

         WHEREAS, the Parties have continued to meet and confer regarding a potential trial plan and other pretrial deadlines, but given the size and complexity of the overall case, and the number and type of remaining certified classes, claims, and issues, they continue to disagree about an appropriate trial structure;

         WHEREAS, to promote efficient litigation, conserve resources, and have a fair opportunity to adequately prepare this case for trial, the Parties agree that it is important to receive direction from the Court about the trial structure before the Parties must file certain pretrial motions or documents and exchange witness and exhibit lists, since those documents may change based on the Court's decisions on the trial structure;

         WHEREAS, Ford intends to file a pre-trial decertification motion targeting three of the remaining certified claims, which Plaintiffs expect to oppose;

         WHEREAS, the Parties would like time to prepare revisions to potential pretrial motions and other documents after the Court provides direction about the appropriate trial structure and the decertification motion;

         WHEREAS, the Parties have agreed that it would be more efficient and equitable to have a modest extension of the trial date until August 3, 2018 to facilitate this careful preparation and accommodate counsels' pre-existing unavailability, and they will be prepared to discuss the trial schedule at the March 15 status conference.

         NOW, THEREFORE, the Parties hereby stipulate and agree, subject to Court approval, that the trial and pretrial ...


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