Rodriguez v. Kraft Foods Group, Inc.

Filing 23

STIPULATION Extending Pre-Certification Discovery Dates; ORDER Extending Pre-Certification Discovery Dates and Briefing Schedule for Class Certification Motion and any Motion to Strike Class Claims signed by Magistrate Judge Gary S. Austin on 1/29/2015. Hearing on the Motion for Class Certification and any Motion to Strike Class/Representative Claims set for 12/11/2015 at 10:00 AM.(Martinez, A)

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DOUGLAS J. FARMER, Cal. Bar No. 139646
[e-mail]
CHRISTOPHER M. AHEARN, Cal. Bar No. 239089
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870

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Attorneys for Defendant
KRAFT FOODS GROUP, INC.

8 R. DUANE WESTRUP (State Bar No. 58610)
PHILLIP R. POLINER (State Bar No. 156145)
9 [e-mail]
CAT N. BULAON (State Bar No. 206612)
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WESTRUP & ASSOCIATES
11 444 West Ocean Boulevard, Suite 1614
Long Beach, California 90802-4524
12 Telephone:
562.432.2551
Facsimile:
562.435.4856
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Attorneys for Plaintiff
14 JOSE RODRIGUEZ
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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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JOSE RODRIGUEZ, on behalf of himself and
all others similarly situated,

Case No. 1:14-CV-01137-LJO-GSA

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Plaintiff,

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STIPULATION EXTENDING PRECERTIFICATION DISCOVERY DATES;
vs.
ORDER EXTENDING PRECERTIFICATION DISCOVERY DATES
KRAFT FOODS GROUP, INC., a Virginia
AND BRIEFING SCHEDULE FOR CLASS
corporation; and DOES 1 through 100, inclusive, CERTIFICATION MOTION AND ANY
MOTION TO STRIKE CLASS CLAIMS
Defendant.

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Case No. 1:14-CV-01137-LJO-GSA

Plaintiff Jose Rodriguez and Defendant Kraft Foods Group, Inc. (collectively, the “Parties”)

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respectfully submit this Stipulation Regarding Pre-Certification Discovery Dates. The Parties

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jointly and respectfully request that the Court grant the relief sought by this Stipulation.

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WHEREAS, the Parties have scheduled a mediation for April 1, 2015 with mediator Alan
Berkowitz in San Francisco, California.

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WHEREAS, the Parties have agreed to conduct only the discovery they have deemed
necessary to settle the case prior to mediation, leaving more complete discovery until after

8 mediation in the event that the case does not settle.
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WHEREAS, the Parties wish to build more time into the case schedule for discovery post-

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mediation, which could be substantial, to avoid the need to conduct any such discovery pre-

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mediation due to the need to comply with the Court’s pre-certification discovery deadlines.

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WHEREAS, the Parties desire that the current deadline for motions relating to class

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certification of August 21, 2015 remain in place.
WHEREAS, in the Court’s November 3, 2014 Scheduling Conference Order (Dkt. No.

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15 021), the Court set the following deadlines relevant to this stipulation: (a) Completion of non16

expert discovery related to class certification – May 1, 2015; (b) Completion of expert discovery

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related to class certification – July 10, 2015; (c) deadline for filing any discovery or other non-

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dispositive motions – July 17, 2015.

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, as
follows:

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(1)

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continued to June 15, 2015;

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(2)

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A separate deadline for filing motions related to Non-Expert Discovery, and nondispositive motions unrelated to discovery should be set for June 30, 2015;

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(2)

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The deadline for Non-Expert Discovery related to Class Certification should be

The deadline for Expert Discovery related to Class Certification should be
continued to July 24, 2015; and

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Case No. 1:14-CV-01137-LJO-GSA

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(3)

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The date for filing motions related to Expert Discovery should be continued July
31, 2015.

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IT IS SO STIPULATED.
DATED: January 27, 2015

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By:

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DATED: January 27, 2015

/s/ Christopher M. Ahearn
DOUGLAS J. FARMER
CHRISTOPHER M. AHEARN
Attorneys for Defendant
KRAFT FOODS GROUP, INC.

WESTRUP & ASSOCIATES

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By: /s/ Cat N. Bualon (as authorized on January
27, 2015)
PHILLIP R. POLINER
Attorneys for Plaintiff
JOSE RODRIGUEZ

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ORDER
Based on the foregoing stipulation of the parties, the Court extends pre-certification
discovery dates as follows:
(1)

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continued to June 15, 2015;
(2)

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The deadline for filing motions related to Non-Expert Discovery, and nondispositive motions unrelated to discovery, is continued to June 30, 2015;

(2)

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The cut-off deadline for Non-Expert Discovery related to Class Certification is

The cut-off deadline for Expert Discovery related to Class Certification is continued
to July 24, 2015; and

(3)

The deadline for filing motions related to Expert Discovery is continued July 31,
2015.

In light of the modified discovery dates and extended non-dispositive motion filing
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Case No. 1:14-CV-01137-LJO-GSA

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deadlines, the Court hereby also extends the briefing schedule and hearing date for the parties’

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motion for class certification and any motion to strike class claims as follows:

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Plaintiff’s Motion for Class Certification due: September 11, 2015
Defendant’s Motion to Strike Class/Representative Claims due: September 11, 2015
Defendant’s Opposition to Motion for Class Certification due: October 14, 2015
Plaintiff’s Opposition to Motion to Strike Class/Rep. Claims due: October 14, 2015

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Plaintiff’s Reply due: November 11, 2015
Defendant’s Reply due: November 11, 2015
A hearing on the Motion for Class Certification and any Motion to Strike

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Class/Representative Claims will be held on December 11, 2015 at 10:00 a.m. before the
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magistrate judge to whom this case is reassigned upon Judge Austin’s expected retirement in
October 2015.

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IT IS SO ORDERED.
Dated:

January 29, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Case No. 1:14-CV-01137-LJO-GSA