Rodriguez v. Kraft Foods Group, Inc.

Filing 26

STIPULATION and ORDER Continuing Dates signed by Magistrate Judge Gary S. Austin on 4/28/2015. Class Certification/Motion to Strike Hearing continued to 2/12/2016 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 AND ORDER
CONTINUING DATES

vs.
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KRAFT FOODS GROUP, INC., a Virginia
Action Filed: April 17, 2014
corporation; and DOES 1 through 100, inclusive,
Defendant.

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Case No. 1:14-CV-01137-LJO-GSA
STIPULATION AND [PROPOSED] ORDER CONTINUING DATES

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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.
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.

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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WHEREAS, pursuant to the parties stipulation, on January 30, 2015 the Court amended

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such deadlines as follows: (a) the deadline for Non-Expert Discovery related to Class Certification

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was continued to June 15, 2015; (b) a separate deadline for filing motions related to Non-Expert

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Discovery, and non-dispositive motions unrelated to discovery was set for June 30, 2015; (c) the

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deadline for Expert Discovery related to Class Certification was continued to July 24, 2015; (d)

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

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WHEREAS, the Parties have conducted discovery such as interrogatories, document

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productions, depositions pursuant to Fed. R. Civ. Proc. 30(b)(6) (one for each of Kraft Foods

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Group, Inc.’s facilities in California employing potential class members), and the deposition of

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Plaintiff Jose Rodriguez.
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Case No. 1:14-CV-01137-LJO-GSA
STIPULATION AND [PROPOSED] ORDER CONTINUING DATES

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WHEREAS, for the sake of efficient use of resources, the Parties have agreed to limit
further substantial discovery until after mediation.
WHEREAS, the parties had scheduled a mediation with mediator Alan Berkowitz, Esq., to
take place in San Francisco, California on April 27, 2015.

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WHEREAS, Kraft Foods Group, Inc. is currently in the process of a well-publicized merger

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with H.J. Heinz Co., which is likely to be one of the largest mergers in the food processing industry

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in recent years.

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WHEREAS, as a result of such merger, it is now expected to take substantially longer than
initially anticipated for responsible persons at Kraft Foods Group, Inc. to obtain sufficient
settlement authority for a mediation to be productive.
WHEREAS, the Parties have agreed to continue the mediation with Mr. Berkowitz to June
16, 2015.

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WHEREAS, the current deadline to complete non-expert fact discovery is June 15, 2015.

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WHEREAS, the Parties wish to defer completion of remaining pre-certification discovery

15 until after mediation, to conserve recourses.
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WHEREAS, given the current deadlines on calendar, the Parties believe that a continuance

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of all currently-set deadlines by sixty (60) days would be in the best interests of the Parties and in

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the orderly administration of justice in this action.

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties that
the current deadlines in this matter should be continued, as follows:
(1) The deadline for Non-Expert Discovery related to Class Certification should be
continued to August 14, 2015;
(2) A separate deadline for filing motions related to Non-Expert Discovery, and nondispositive motions unrelated to discovery should be set for August 31, 2015;
(3) The deadline for Expert Discovery related to Class Certification should be continued to
September 22, 2015; and
(4) The date for filing motions related to Expert Discovery should be continued September
29, 2015.
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Case No. 1:14-CV-01137-LJO-GSA
STIPULATION AND ORDER CONTINUING DATES

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In light of the parties’ stipulation to modify and extend non-dispositive motion filing

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deadlines, parties further stipulate and agree to extend the briefing schedule and hearing date for

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the parties’ motion for class certification and any motion to strike class claims by sixty (60) days as

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follows:

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Plaintiff’s Motion for Class Certification due: November 10, 2015

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Defendant’s Motion to Strike Class/Representative Claims due: November 10, 2015

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Defendant’s Opposition to Motion for Class Certification due: December 14, 2015

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Plaintiff’s Opposition to Motion to Strike Class/Rep. Claims due: December 14, 2015

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Plaintiff’s Reply due: January 11, 2016

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Defendant’s Reply due: January 11, 2016
DATED: April 24, 2015

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By:

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

DATED: April 24, 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 April 24, 2015)
CAT N. BULAON
PHILLIP R. POLINER
Attorneys for Plaintiff
JOSE RODRIGUEZ

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Case No. 1:14-CV-01137-LJO-GSA
STIPULATION AND ORDER CONTINUING DATES

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ORDER

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Based on the foregoing stipulation of the parties, the Court extends pre-certification

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discovery dates as follows:

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PREVIOUS DATE

NEW DATE

June 15, 2015

August 14, 2015

July 30, 2015

August 31, 2015

July 24, 2015

September 22, 2015

Expert discovery motion filing
deadline

July 31, 2015

September 29, 2015

Plaintiff’s motion for class
certification due / Defendant’s motion
to strike class/representative claims
due

September 11, 2015

November 10, 2015

October 14, 2015

December 14, 2015

November 11, 2015

January 11, 2016

December 11, 2015

February 12, 2016

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Non-expert discovery cutoff (class
certification)

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Non-expert discovery motions filing
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unrelated to discovery filing deadline
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Expert discovery cutoff (class
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15 Defendant’s opposition to motion for
class certification due / Plaintiff’s
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class/representative claims due
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Plaintiff’s reply brief due /
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Class certification / Motion to strike
hearing

Time: 10:00 a.m.
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Dept.: TBD
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IT IS SO ORDERED.
Dated:

April 28, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Case No. 1:14-CV-01137-LJO-GSA
STIPULATION AND ORDER CONTINUING DATES