Carlin et al v. DairyAmerica, Inc. et al

Filing 227

FOURTH STIPULATION and ORDER TO AMEND THE SCHEDULING ORDER: Motion to Amend the Amended Complaint, document 220 , currently set for 10/26/2015 is CONTINUED and will now be held on 11/16/2015 at 01:30 PM in Courtroom 2 (AWI) before District Ju dge Anthony W. Ishii. Briefing scheduling deadlines re same are extended as follows: defendants' opposition to the motion to amend due by 10/23/2015; any reply briefs due by 11/6/2015. The Court further CONTINUES the Motion for Class Certificat ion currently set for hearing on 5/27/2016 to 7/8/2016 at 10:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Briefing scheduling deadlines re same are extended as follows: close of class certification discovery due by 12/14/201 5; last day for plaintiffs to file motion for class certification is 2/9/2016; last day for defendants to file opposition to plaintiffs' motion for class certification is 4/22/2016; and last day for plaintiffs to file reply brief to same is 5/20/2016. Order signed by District Judge Anthony W. Ishii on 10/21/2015. (Rooney, M)

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BENJAMIN D. BROWN (SBN 202545)
[e-mail]
COHEN MILSTEIN SELLERS & TOLL, PLLC
1100 New York Avenue, N.W.
Suite 500, West Tower
Washington, D.C. 20005
Telephone: [phone]
Facsimile: [phone]

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Counsel for Plaintiffs and the Proposed Class
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[Additional counsel listed on signature page]
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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GERALD CARLIN, JOHN RAHM, PAUL
ROZWADOWSKI and DIANA WOLFE,
individually and on behalf of themselves and
all others similarly situated,
Plaintiffs,

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CLASS ACTION
FOURTH STIPULATION TO AMEND
THE SCHEDULING ORDER;
ORDER THEREON

v.

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Case No. 1:09 CV 00430-AWI EPG

DAIRYAMERICA, INC. and
CALIFORNIA DAIRIES, INC.,

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Defendants.
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[1:09 CV 00430-AWI-GSA] FOURTH STIP TO AMEND THE SCHEDULING ORDER; [PROPOSED] ORDER

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Effective this 6th day of October 2015, the parties recite and stipulate as follows:

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RECITALS

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WHEREAS, on August 6, 2015, based on a stipulation entered into by the parties, the

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Honorable Magistrate Judge Gary S. Austin extended the pre-certification schedule [#219] and

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ordered class certification discovery (including the filing of any motions to compel) to be

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completed by November 13, 2015 and Plaintiffs’ motion for class certification to be filed by

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January 8, 2016, with Defendant to file its opposition no later than March 21, 2016, with

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Plaintiffs to file any reply brief no later than April 18, 2016, and with a hearing on Plaintiffs’

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motion for class certification to be heard on May 27, 2016;

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WHEREAS, on September 25, 2015, the Plaintiffs filed a motion for leave to amend the
complaint to add causes of action and defendant parties;

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WHEREAS, the parties have agreed to extend the briefing schedule regarding Plaintiffs’

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motion for leave to amend the complaint, and also to extend the page limits for the opposition

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and reply briefs in response to that motion;

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WHEREAS, in light of Plaintiffs’ motion for leave to amend the complaint and the

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associated briefing schedule, the parties have agreed to extend the deadline for the close of class

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certification discovery and the filing of the motion for class certification;

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Now, therefore, the parties hereto do stipulate as follows:

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1.

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Subject to court approval, the briefing schedule regarding Plaintiffs’ motion for

leave to amend the complaint should now be as follows:


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motion for leave to amend the complaint.


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October 23, 2015: Last day for Defendants to file opposition to Plaintiffs’

November 6, 2015: Last day for Plaintiffs to file reply brief in support of
their motion for leave to amend the complaint.



November 16, 2015, at 1:30 PM, Courtroom 2: Hearing on motion for
leave to amend the complaint.

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[1:09 CV 00430-AWI-GSA] FOURTH STIP TO AMEND THE SCHEDULING ORDER; [PROPOSED] ORDER

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2.

Subject to court approval, the page limits for the briefs in response to Plaintiffs’

motion for leave to amend the complaint, should now be as follows:


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35 pages in length.


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Opposition Brief: The opposition brief may be up to, but will not exceed,

Reply Brief: The reply brief may be up to, but will not exceed, 20 pages in
length.

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Subject to court approval, the pre-certification case schedule should now be as

follows:

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

December 14, 2015: close of class certification discovery.

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February 9, 2016: Last day for Plaintiffs to file motion for class

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certification (and any accompanying expert disclosures, reliance materials,

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and data sets).

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

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motion for class certification.


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April 22, 2016: Last day for Defendants to file opposition to Plaintiffs’

May 20, 2016: Last day for Plaintiffs to file reply brief in support of
motion for class certification.



July 8, 2016, at 10:00 AM, Courtroom 10: Hearing on motion for class
certification.

DATED: October 6, 2015

Respectfully submitted,
BERMAN DeVALERIO

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By:

/s/ A. Chowning Poppler
A. Chowning Poppler (SBN 272870)

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Joseph J. Tabacco, Jr. (SBN 75484)
Christopher T. Heffelfinger (SBN 118058)
One California Street, Suite 900
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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[1:09 CV 00430-AWI-GSA] FOURTH STIP TO AMEND THE SCHEDULING ORDER; [PROPOSED] ORDER

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[e-mail]
Benjamin D. Brown (SBN 202545)
COHEN MILSTEIN SELLERS
& TOLL, PLLC
1100 New York Avenue, N.W.
Suite 500, West Tower
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
George F. Farah
COHEN MILSTEIN SELLERS
& TOLL, PLLC
88 Pine Street
14th Floor
New York, NY 10005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Lynn L. Sarko
Mark A. Griffin
Juli E. Farris
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Telephone: [phone]
Facsimile: (206)-623-3384
Email: [e-mail]
[e-mail]
[e-mail]
Ron Kilgard
KELLER ROHRBACK P.L.C.
3101 North Central Avenue, Suite 1400
Phoenix, AZ 85012
Telephone: [phone]
Facsimile: (602)-248-2822
Email: [e-mail]

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Counsel for Plaintiffs and the Proposed Class
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[1:09 CV 00430-AWI-GSA] FOURTH STIP TO AMEND THE SCHEDULING ORDER; [PROPOSED] ORDER

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Dated: October 6, 2015

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DAVIS WRIGHT TREMAINE LLP
By:

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/s/ Allison A. Davis
Allison A. Davis (SBN 139203)

Sanjay M. Nangia (# 264986)
505 Montgomery Street, Suite 800
San Francisco, CA 94111-6533
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Charles M. English, Jr.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue, N.S., Suite 800
Washington, D.C. 20006-3401
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Joseph M. Marchini
BAKER MANOCK & JENSEN, PC
5260 North Palm Avenue,
Fourth Floor
Fresno, CA 93704
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Counsel for Defendant DairyAmerica, Inc.

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ORDER

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IT IS SO ORDERED.
Dated:

October 21, 2015
SENIOR DISTRICT JUDGE

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