Corra v. Energizer Holdings Inc., et al

Filing 76

STIPULATION and ORDER to EXTEND Discovery and Briefing Schedules. Last Day for Defendants to Respond to Plaintiff's First Set of Requests for Admissions, First Set of Requests for Productions, and First Set of Interrogatories is 8/26/201 4. Mid-Discovery Status Report due by no later than 9/11/2014. Mid-Discovery Status Conference set for 9/18/2014, at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Deadline for Class Discovery is 9/23/2014. Last day fo r filing Class Certification Motion is 10/21/2014. Last day for Plaintiff to produce and for Defendants to depose class certification experts is 11/21/2014. Last day for filing Opposition to Class Certification Motion is 12/5/2014. Last day for Defen dants to produce and for Plaintiff to depose class certification experts is 1/6/2015. Last day for filing Reply to Class Certification Opposition is 2/17/2015. Class Certification Hearing set for 3/23/2015, at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Order signed by Magistrate Judge Sheila K. Oberto on 6/3/2014. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AIDA CORRAL, On Behalf of Herself and

12 All Others Similarly Situated,
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Plaintiff,

CASE NO. 1:12-CV-01736-AWI-SKO
STIPULATION AND [PROPOSED] ORDER
TO EXTEND DISCOVERY AND BRIEFING
SCHEDULES

v.

15 ENERGIZER HOLDINGS INC., a Missouri
Corporation; PLAYTEX PRODUCTS, LLC,

16 fka PLAYTEX PRODUCTS, INC., a

Magistrate Judge Sheila K. Oberto
Action Filed: October 24, 2012
Amended Complaint Filed: November 26, 2012

Delaware Corporation; SUN

17 PHARMACEUTICALS, LLC, a Delaware
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Limited Liability Company,
Defendants.
Plaintiff Aida Corral and Defendants Energizer Holdings, Inc., Playtex Products, Inc. and

21 Sun Pharmaceuticals, LLC (“Defendants”) (collectively, the “Parties”) jointly stipulate to extend
22 the discovery and briefing schedules in this action.
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WHEREAS, on October 31, 2013, the Parties filed a Joint Report (ECF No. 64) pursuant

24 to Federal Rule of Civil Procedure 26(f) proposing discovery and briefing schedules to the Court;
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WHEREAS, on November 8, 2013, the Court issued a Scheduling Order (ECF No. 66)

26 setting the discovery and briefing schedules;
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WHEREAS, on February 3, 2014, the Parties filed a Stipulation and Proposed Order

28 (ECF No. 70) for extending the discovery and briefing schedules as the Parties engage in
STIPULATION AND ORDER
TO EXTEND DISCOVERY
AND BRIEFING SCHEDULES

1 settlement negotiations;
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WHEREAS, on February 5, 2014, the Court issued a Scheduling Order (ECF No. 71)

3 resetting the discovery and briefing schedules;
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WHEREAS, on April 15, 2014, the Parties filed a Stipulation and Proposed Order (ECF

5 No. 72) to further extend the discovery and briefing schedules as the Parties continued to engage
6 in settlement negotiations;
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WHEREAS, on April 22, 2014, the Court issued a Scheduling Order (ECF No. 74)

8 resetting the discovery and briefing schedules as follows:
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Event

Deadline

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Last day for Defendants to Respond to Plaintiff’s First
Set of Requests for Admissions, First Set of Requests
for Productions, and First Set of Interrogatories

June 27, 2014

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Mid-Discovery Status Report

July 3, 2014

Mid-Discovery Status Conference

July 10, 2014 at 10:00 a.m.

Deadline for Class Discovery

July 25, 2014

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.

August 22, 2014

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

September 23, 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.

October 7, 2014

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

November 7, 2014

Last day for filing Reply to Class Certification
Opposition

December 19, 2014

Class Certification Hearing

January 26, 2015 at 1:30 p.m.

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STIPULATION AND ORDER
TO EXTEND DISCOVERY
AND BRIEFING SCHEDULES

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WHEREAS, the Parties continue to explore whether the case can be settled;

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IT IS HEREBY STIPULATED by the Parties, by and through their counsel of record

3 herein, as follows:
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1. The above-referenced discovery and briefing schedules shall be vacated; and

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2. The discovery and briefing schedules shall be as follows:

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Event

Deadline

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Last day for Defendants to Respond to Plaintiff’s First
Set of Requests for Admissions, First Set of Requests
for Productions, and First Set of Interrogatories

August 26, 2014

Mid-Discovery Status Report

September 11, 2014

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September 18, 2014 at
Mid-Discovery Status Conference
10:00 a.m.

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Deadline for Class Discovery

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September 23, 2014

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.

October 21, 2014

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

November 21, 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.

December 5, 2014

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

January 6, 2015

Last day for filing Reply to Class Certification
Opposition

February 17, 2015

Class Certification Hearing

March 23, 2015 at 1:30 p.m.

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STIPULATION AND ORDER
TO EXTEND DISCOVERY
AND BRIEFING SCHEDULES

1 Dated: May 29, 2014
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LATHAM & WATKINS LLP
Daniel Scott Schecter
Michael J. Reiss

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By

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/s/ Michael J. Reiss
Michael J. Reiss
Attorneys for Defendants
Energizer Holdings, Inc.

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BONNETT, FAIRBOURN, FRIEDMAN &
BALINT, P.C.
Patricia N. Syverson

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By

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/s/ Patricia N. Syverson
Patricia N. Syverson
Attorneys for Plaintiff
Alejandra Martinez

ORDER
Pursuant to the parties’ Stipulation, IT IS HEREBY ORDERED that the discovery and
briefing schedules in this matter are extended in accordance with the terms of the abovereferenced Stipulation.

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Dated:

June 3, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER
TO EXTEND DISCOVERY
AND BRIEFING SCHEDULES