Wilson v. Conair Corporation

Filing 49

ORDER ON STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER (Docs. 26 , 48 ), Signed by Magistrate Judge Stanley A. Boone on 5/6/2015. The parties shall disclose any experts and produce reports in accordance with Federal Rule of Civil Procedure 2 6(a)(2) on or before 5/26/2016; Rebuttal experts disclosure and reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) shall be completed on or before 6/17/2016; The 12/4/2014 Scheduling Order shall remain in effect in all other respects. (Arellano, S.)

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BLOOD HURST & O’REARDON, LLP

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BLOOD HURST & O’REARDON, LLP
TIMOTHY G. BLOOD (149343)
LESLIE E. HURST (178432)
THOMAS J. O’REARDON II (247952)
SARAH BOOT (253658)
701 B Street, Suite 1700
San Diego, CA 92101
Tel: [phone]
619/338-1101 (fax)
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Rosen ✧ Saba, LLP
Ryan D. Saba (192370)
Momo E. Takahashi (238965)
9350 Wilshire Boulevard, Suite 250
Beverly Hills, CA 90212
Tel: [phone]
310/285-1728 (fax)
[e-mail]
[e-mail]
Attorneys for Defendant

ODENBREIT LAW, APC
KATHERINE J. ODENBREIT (184619)
16835 Algonquin Street, Suite 221
Huntington Beach, CA 92649
Tel: [phone]
[e-mail]

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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DELIA WILSON, on Behalf of Herself and
All Others Similarly Situated,

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Case No: 1:14-cv-00894-WBS-SAB
CLASS ACTION

Plaintiff,
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ORDER ON STIPULATION TO MODIFY
PRETRIAL SCHEDULING ORDER

v.
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CONAIR CORPORATION,
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Defendant.
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WHEREAS, on December 4, 2014, the Court vacated the Status (Pretrial Scheduling)

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Conference and entered a Scheduling Order that differed from the proposed scheduling order

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submitted by the parties. Docket #26.

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WHEREAS, the Pretrial Scheduling Order provides that requests to modify the dates or

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terms of the Scheduling Order (except for a request to change the trial date), shall be submitted

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to and decided by the Magistrate Judge. Id. at 5.

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WHEREAS, the Scheduling Order currently provides that expert disclosures and

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reports required by Federal Rule of Civil Procedure 26(a)(2) shall be made on or before July 1,

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2015, and rebuttal disclosures and reports produced on or before, August 5, 2015. Id. at 2.

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WHEREAS, the motion for class certification is to be filed on or before January 5,
2016, and discovery completed by July 1, 2016. Id. at 2-3.

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WHEREAS, the parties agree that it will be more efficient if Rule 26(a)(2) expert

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disclosures and reports are made after the scope of the class is defined by the Court’s ruling on

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class certification and near to the completion of discovery, including merits discovery.

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WHEREAS, the parties agree that the nature and scope of the Court’s order on class

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certification will materially affect the types of experts retained, as well as the scope of each

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expert’s opinions, and post-certification expert retention could potentially result in a reduction

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in costs if Rule 26(a)(2) expert disclosures and reports are due following plaintiff’s

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certification motion.

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THEREFORE, the parties hereby stipulate and respectfully request that the Scheduling
Order (ECF No. 26) be modified as follows:

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Action

Original Deadline

Proposed Amended Deadline

Disclosure of Experts and
Production of Expert Reports
Rebuttal Expert Reports

July 1, 2015

May 20, 2016

August 5, 2015

June 17, 2016

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///

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///

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This stipulation does not preclude or prejudice a party from seeking additional

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modifications to the Scheduling Order if deemed appropriate at a later time.

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Dated: May 5, 2015

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BLOOD HURST & O’REARDON, LLP
TIMOTHY G. BLOOD (149343)
LESLIE E. HURST (178432)
THOMAS J. O’REARDON II (247952)
SARAH BOOT (253658)

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By:

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s/ Leslie E. Hurst
LESLIE E. HURST

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701 B Street, Suite 1700
San Diego, CA 92101
Tel: [phone]
619/338-1101 (fax)
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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ODENBREIT LAW, APC
KATHERINE J. ODENBREIT (184619)
16835 Algonquin Street, Suite 221
Huntington Beach, CA 92649
Tel: [phone]
[e-mail]

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Attorneys for Plaintiff
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ROSEN ✧SABA, LLP
RYAN D. SABA (192370)
MOMO E. TAKAHASHI (238965)

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By:

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Dated: May 5, 2015

s/ Ryan D. Saba
RYAN D. SABA

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9350 Wilshire Boulevard, Suite 250
Beverly Hills, CA 90212
Tel: [phone]
310/285-1728 (fax)
[e-mail]
[e-mail]

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Attorneys for Defendant

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ECF CERTIFICATION
The filing attorney attests that she has obtained concurrence regarding the filing of this
document from the signatories to this document.

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Dated: May 5, 2015

BLOOD HURST & O’REARDON, LLP

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By:

s/ Leslie E. Hurst
LESLIE E. HURST

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ORDER

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Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that the
Scheduling Order issued December 4, 2014, is AMENDED as follows:

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1.

Federal Rule of Civil Procedure 26(a)(2) on or before May 20, 2016.

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The parties shall disclose any experts and produce reports in accordance with

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Rebuttal experts disclosure and reports produced in accordance with Federal

Rule of Civil Procedure 26(a)(2) shall be completed on or before June 17, 2016.

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3.

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The December 4, 2014 Scheduling Order shall remain in effect in all other

respects.

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IT IS SO ORDERED.

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Dated:

May 6, 2015
UNITED STATES MAGISTRATE JUDGE

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