Rodriguez v. Kraft Foods Group, Inc.

Filing 28

STIPULATION and ORDER Continuing Dates re 27 signed by Magistrate Judge Gary S. Austin on 7/20/2015. Class Certification/Motion to Strike Hearing set for 3/18/2016 at 09:30 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.

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R. DUANE WESTRUP (State Bar No. 58610)
PHILLIP R. POLINER (State Bar No. 156145)
[e-mail]
CAT N. BULAON (State Bar No. 206612)
[e-mail]
WESTRUP & ASSOCIATES
444 West Ocean Boulevard, Suite 1614
Long Beach, California 90802-4524
Telephone:
562.432.2551
Facsimile:
562.435.4856
Attorneys for Plaintiff
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,

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Plaintiff,

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

vs.
KRAFT FOODS GROUP, INC., a Virginia
(ECF No. 27)
corporation; and DOES 1 through 100, inclusive,

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

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

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respectfully submit this Stipulation Regarding Discovery Dates and Class Certification Deadlines.

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

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WHEREAS, the Parties attended mediation on June 16, 2015, before a well-respected

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mediator, Alan Berkowitz, Esq. in San Francisco, California.
WHEREAS, the Parties were unsuccessful at settling the case at mediation but are still

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engaged in settlement discussions through Mr. Berkowitz.

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WHEREAS, the Parties agreed to conduct only the discovery they deemed necessary to

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settle the case prior to mediation, leaving more complete discovery until after mediation in the

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event that the case does not settle.
WHEREAS, the Parties wish to build more time into the case schedule for discovery and

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defer completion of remaining pre-certification discovery, which could be substantial, until after all

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prospects of an early resolution have been considered, to conserve resources.
WHEREAS, pursuant to the parties’ prior stipulation, Dkt. 26, the Court amended such

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

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continued to August 14, 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 August 31, 2015; (c) the

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deadline for Expert Discovery related to Class Certification was continued to September 22, 2015;

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(d) the date for filing motions related to Expert Discovery was continued to September 29, 2015.

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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 approximately thirty (30) days, as well as building in further time

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in the schedule for fact discovery in relation to other items, would be in the best interests of the

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Parties and in the orderly administration of justice in this action.
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties that

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the current deadlines in this matter should be continued, as follows:
(1) The deadline for Non-Expert Discovery related to Class Certification should be

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continued to October 8, 2015;

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

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(2) The deadline for Expert Discovery related to Class Certification should be continued to
October 22, 2015; and
(3) The deadline for filing motions related to Expert and Non-Expert Discovery Related to
Class Certification should be consolidated, and moved to October 29, 2015;
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 approximately

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thirty (30) days as follows:

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

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

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Defendant’s Opposition to Motion for Class Certification due: January 14, 2016

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Plaintiff’s Opposition to Motion to Strike Class/Rep. Claims due: January 14, 2016

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Plaintiff’s Reply due: February 11, 2016

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Defendant’s Reply due: February 11, 2016

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First available date for hearing on Motion for Class Certification and/or Motion to Strike

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Class/Rep. Claims: ______________, 2016

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DATED: July 17, 2015
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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By:

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

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DATED: July 17, 2015

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By: /s/ Cat N. Bulaon (as authorized on July 17, 2015)
CAT N. BULAON
Attorneys for Plaintiff
JOSE RODRIGUEZ

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WESTRUP & ASSOCIATES

21846845.1

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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

Non-expert discovery cutoff (class
certification)

August 14, 2015

October 8, 2015

Non-expert discovery motions filing
deadline / Non-dispositive motions
unrelated to discovery filing deadline

August 31, 2015

October 29, 2015

Expert discovery cutoff (class
certification)

September 22, 2015

October 22, 2015

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Expert discovery motion filing
deadline

September 29, 2015

October 29, 2015

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

November 10, 2015

December 10, 2015

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

December 14, 2015

January 14, 2015

Plaintiff’s reply brief due /
Defendant’s reply brief due

January 11, 2016

February 11, 2016

Class certification / Motion to strike
hearing

February 12, 2016

March 18, 2016

Time: 10:00 a.m.

Time: 9:30 a.m.

Dept.: TBD

Dept.: TBD

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IT IS SO ORDERED.
Dated:

July 20, 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