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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 AIDA CORRA, 12 Plaintiff, 13 14 v. Case No. 1:12-cv-01736 AWI SKO Related Case: 1:12-cv-01802-AWI-SKO SCHEDULING ORDER ENERGIZER HOLDINGS, INC., et al., 15 Defendants. 16 17 18 On November 7, 2013, a scheduling conference was held. Patricia Syverson, Esq., 19 appeared telephonically on behalf of Plaintiff. Daniel Schecter, Esq., and Michael Reiss, Esq., 20 appeared telephonically for Defendants. The Court set the following deadlines: 21 A. Amendment 22 Any motions or stipulations requesting leave to amend the pleadings must be filed by no 23 later than December 20, 2013. The parties are advised that filing a motion and/or stipulations 24 requesting leave to amend the pleadings by December 20, 2013, does not reflect on the propriety 25 of the amendment or imply good cause to modify the existing schedule, if necessary. All 26 proposed amendments must (A) be supported by good cause pursuant to Fed. R. Civ. P. 16(b) if 27 the amendment requires any modification to the existing schedule, see Johnson v. Mammoth 28 1 1 Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), and (B) establish, under Fed. R. Civ. P. 2 15(a), that such an amendment is not (1) prejudicial to the opposing party, (2) the product of 3 undue delay, (3) proposed in bad faith, or (4) futile, see Foman v. Davis, 371 U.S. 178, 182 4 (1962). 5 B. 6 Initial Disclosures Initial Disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be exchanged by no later than 7 November 27, 2013. 8 C. Class Discovery 9 The discovery shall be bifurcated into Class Discovery and Merits Discovery. Class 10 Discovery is now open, but Merits Discovery shall remain closed until after the class certification 11 motion has been decided. All Class Discovery shall be completed by no later than March 24, 12 2014. 13 D. Motion for Class Certification Deadlines 14 15 16 17 18 19 20 21 22 23 24 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 25 26 27 28 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 2 1 2 3 Last day for filing Reply to Class Certification Opposition August 11, 2014 Class Certification Hearing September 8, 2014 4 The hearing on the Motion for Class Certification shall be noticed and set before the 5 Honorable Anthony W. Ishii for September 8, 2014, at 1:30 a.m. in Courtroom 2. 6 E. Mid-Discovery Status Conference 7 A mid status discovery conference will be held before the Honorable Sheila K. Oberto on 8 February 11, 2014, at 10:00 a.m. in Courtroom 7. The parties shall file a status report no later 9 than February 4, 2014. 10 F. Electronic Discovery Proposed Protocol 11 The parties shall meet and confer regarding the scope of electronic discovery that will be 12 requested. On or before November 25, 2013, the parties shall file an agreed upon Electronic 13 Discovery Protocol. If the parties cannot agree to a protocol, they shall file a statement regarding 14 any issues that remain in dispute with respect to the Electronic Discovery Protocol. 15 G. 16 17 A Second Scheduling Conference The Court will set a second scheduling conference after the motion for class certification has been decided. 18 19 20 21 IT IS SO ORDERED. Dated: November 7, 2013 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 3

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