Corra v. Energizer Holdings Inc., et al

Filing 66

SCHEDULING ORDER: Motions/Stipulations to Amended Complaint due by 12/20/2013; Initial Disclosures shall be exchanged by no later than 11/27/2013; Class Discovery shall be completed by 3/24/2014. Class Certification Motion shall be filed by 4/7/20 14; Opposition shall be filed by: 5/23/2014; Replies shall be filed by 8/11/2014. Class Certification Hearing set for 9/8/2014, at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Order signed by Magistrate Judge Sheila K. Oberto on 11/7/2013. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AIDA CORRA,

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Plaintiff,

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v.

Case No. 1:12-cv-01736 AWI SKO
Related Case: 1:12-cv-01802-AWI-SKO
SCHEDULING ORDER

ENERGIZER HOLDINGS, INC., et al.,

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Defendants.

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On November 7, 2013, a scheduling conference was held.

Patricia Syverson, Esq.,

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appeared telephonically on behalf of Plaintiff. Daniel Schecter, Esq., and Michael Reiss, Esq.,

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appeared telephonically for Defendants. The Court set the following deadlines:

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A.

Amendment

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Any motions or stipulations requesting leave to amend the pleadings must be filed by no

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later than December 20, 2013. The parties are advised that filing a motion and/or stipulations

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requesting leave to amend the pleadings by December 20, 2013, does not reflect on the propriety

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of the amendment or imply good cause to modify the existing schedule, if necessary. All

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proposed amendments must (A) be supported by good cause pursuant to Fed. R. Civ. P. 16(b) if

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the amendment requires any modification to the existing schedule, see Johnson v. Mammoth

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Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), and (B) establish, under Fed. R. Civ. P.

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15(a), that such an amendment is not (1) prejudicial to the opposing party, (2) the product of

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undue delay, (3) proposed in bad faith, or (4) futile, see Foman v. Davis, 371 U.S. 178, 182

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(1962).

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B.

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Initial Disclosures
Initial Disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be exchanged by no later than

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November 27, 2013.

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C.

Class Discovery

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The discovery shall be bifurcated into Class Discovery and Merits Discovery. Class

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Discovery is now open, but Merits Discovery shall remain closed until after the class certification

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motion has been decided. All Class Discovery shall be completed by no later than March 24,

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2014.

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D.

Motion for Class Certification Deadlines

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Event

Deadline

Last day for filing Class Certification
Motion. Plaintiff shall simultaneously
provide class expert report(s) with the motion
and make expert(s) available for deposition
thereafter.

April 7, 2014

Last day for Plaintiff to produce and for
Defendants to depose class certification
experts, if any, identified in Plaintiff's Class
Certification Motion.

May 7, 2014

Last day for filing Opposition to Class
Certification Motion. Defendants shall
simultaneously provide class expert report(s)
with opposition and make expert(s) available
for deposition thereafter.

May 23, 2014

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Last day for Defendants to produce and for
Plaintiff to depose class certification experts,
if any, identified in Defendants' Class
Certification Opposition.

June 23, 2014

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Last day for filing Reply to Class
Certification Opposition

August 11, 2014

Class Certification Hearing

September 8, 2014

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The hearing on the Motion for Class Certification shall be noticed and set before the

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Honorable Anthony W. Ishii for September 8, 2014, at 1:30 a.m. in Courtroom 2.

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E.

Mid-Discovery Status Conference

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A mid status discovery conference will be held before the Honorable Sheila K. Oberto on

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February 11, 2014, at 10:00 a.m. in Courtroom 7. The parties shall file a status report no later

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than February 4, 2014.

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F.

Electronic Discovery Proposed Protocol

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The parties shall meet and confer regarding the scope of electronic discovery that will be

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requested. On or before November 25, 2013, the parties shall file an agreed upon Electronic

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Discovery Protocol. If the parties cannot agree to a protocol, they shall file a statement regarding

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any issues that remain in dispute with respect to the Electronic Discovery Protocol.

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G.

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A Second Scheduling Conference
The Court will set a second scheduling conference after the motion for class certification

has been decided.

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IT IS SO ORDERED.
Dated:

November 7, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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