Becky Greer et al v. Pacific Gas and Electric Company

Filing 92

STIPULATED SCHEDULING ORDER: Deadline to Complete Pre-Certification Non-Expert Written Discovery Excluding Depositions November 21, 2016; Deadline to Complete Pre-Certification Non-Expert Depositions January 27, 2017; Deadline for Initial Expert Witness Disclosures February 24, 2017; Deadline for Rebuttal Expert Witness Disclosures March 31, 2017; Deadline to Complete Expert Discovery April 28, 2017; Plaintiffs' Motion for Class Certification June 16, 2017; Defendants' Opposition t o Motion for Class Certification July 21, 2017; Plaintiffs' Reply in Support of Motion for Class Certification August 11, 2017; Hearing On Motion for Class Certification August 25, 2017, at 10:00 a.m. in Courtroom 10 before Magistrate Judge Erica P. Grosjean; Deadline for Hearings on Non-Dispositive Motions January 12, 2018; Deadline for Hearings on Dispositive Motions January 26, 2018; Pre-Trial Conference March 15, 2018, at 11:00 a.m. in Courtroom 10 before Magistrate Judge Erica P. G rosjean; Trial May 15, 2018, at 8:30 a.m. in Courtroom 10 before Magistrate Judge Erica P. Grosjean. As discussed at the discovery hearing on August 30, 2016, the Court also sets a Status Conference for November 21, 2016, at 2:00 p.m. in Courtroom 1 0 before Magistrate Judge Erica P. Grosjean. A joint status report shall be filed with the Court and emailed to chambers at [e-mail] no later than November 14, 2016. Order signed by Magistrate Judge Erica P. Grosjean on 8/31/2016. (Rooney, M)

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WANGER JONES HELSLEY PC
265 E. River Park Circle, Suite 310
Fresno, California 93720
Telephone: [phone]
Facsimile: [phone]
Patrick D. Toole #19011
Dylan J. Crosby #299536
Erin T. Huntington #306037
LITTLER MENDELSON, P.C.
Joshua D. Kienitz #244903
Aurelio J. Perez #282135
333 Bush Street, 34th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: 415.399.8490
LEONARD CARDER, LLP
Philip Monrad #151073
1330 Broadway, Suite 1450
Oakland, CA 94612
Telephone: [phone]
Fax: [phone]

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IBEW LOCAL UNION 1245
Alex Pacheco #302852
30 Orange Tree Circle
Vacaville, CA 95687
Telephone: [phone]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BECKY GREER; TIMOTHY C. BUDNIK;
ROSARIO SAENZ; HALEY MARKWITH
and IAN CARTY, Individually and as
“Class Representatives,”

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STIPULATED SCHEDULING
ORDER

Plaintiffs,

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Case No. 1:15-CV-01066—EPG

v.
PACIFIC GAS AND ELECTRIC
COMPANY, and DOES 1 through 10,
inclusive,
Defendants.
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STIPULATED SCHEDULING ORDER

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Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and by this Court’s

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August 19, 2016 Order (Dkt. No. 80), Plaintiffs BECKY GREER (“GREER”), TIMOTHY C.

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BUDNIK

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(“MARKWITH”), and IAN CARTY (“CARTY”), on behalf of themselves and all others

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similarly situated (“PLAINTIFFS”), and Defendants Pacific Gas and Electric Company

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(“PG&E”) and IBEW Local 1245 (“IBEW”) (collectively, “DEFENDANTS”), (collectively,

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the “PARTIES”) hereby stipulate to the following Proposed Order regarding extensions to

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discovery deadlines:

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1.

(“BUDNIK”),

ROSARIO

SAENZ

(“SAENZ”),

HALEY

MARKWITH

Deadline to Complete Pre-Certification Non-Expert Written Discovery

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Excluding Depositions

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November 21, 2016. (Dkt. No. 80.)

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2.

January 27, 2017. (Dkt. No. 80.)

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3.

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5.

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6.

7.

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Defendants’ Opposition to Motion for Class Certification
July 21, 2017.

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Plaintiffs’ Motion for Class Certification
June 16, 2017.

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Deadline to Complete Expert Discovery
April 28, 2017.

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Deadline for Rebuttal Expert Witness Disclosures
March 31, 2017.

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Deadline for Initial Expert Witness Disclosures
February 24, 2017.

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Deadline to Complete Pre-Certification Non-Expert Depositions

Plaintiffs’ Reply In Support of Motion for Class Certification
August 11, 2017.

9.

Hearing On Motion for Class Certification
August 25, 2017.

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STIPULATED SCHEDULING ORDER

10.

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Deadline for Hearings on Non-Dispositive Motions

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January 15, 2018. Discovery motions shall comply with the requirements of

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Fed. R. Civ. P. 37 and Local Rule 251. The PARTIES are also on notice that the longer they

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wait to file a non-dispositive motion will heighten the standard for showing good cause.
11.

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Deadline for Hearings on Dispositive Motions

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January 29, 2018. Prior to filing a motion for summary judgment or motion for

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summary adjudication, however, the PARTIES are ordered to meet and confer, in person or by

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telephone, to discuss the issues to be raised in the motion. In addition to complying with the

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requirements of Local Rule 260, the parties must prepare a Joint Statement of Undisputed

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Facts, which identifies all relevant facts subject to agreement by all parties. The moving party

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is responsible for filing the joint statement. In the notice of motion, the moving party shall

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certify that the parties have met and conferred as ordered above, or set forth a statement of

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good cause for the failure to do so.

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12.

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Pre-Trial Conference:
March 15, 2018, or as soon thereafter as the Court’s schedule permits.

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13.

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Trial:
April 16, 2018, or as soon thereafter as the Court’s schedule permits.

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IT IS SO STIPULATED.

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I.

ADDITIONAL UNSTIPULATED REQUEST BY DEFENDANT PG&E

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In addition to the above, PG&E proposes the following deadlines:
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1.

Deadline to Amend Pleadings:
November 21, 2016, subject to the same conditions set forth in the Court’s prior

Class Action Scheduling Conference Order (Dkt. No. 44), to wit: “If the parties do not stipulate
to an amendment, any motion to amend must meet the requirements under Fed. R. Civ. P.
15(a), and must not be: (1) prejudicial to the opposing party; (2) the product of undue delay;
(3) proposed in bad faith; or (4) futile. See Foman v. Davis, 371 U.S. 178, 182 (1962). [¶] After
[November 21, 2016], any motion for leave to amend will only be granted in the Court’s
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STIPULATED SCHEDULING ORDER

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discretion taking into account good cause and prejudice to the parties. Fed. R. Civ. P. 16 (b)

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(4); see also Johnson v. Mammoth Recreations, Inc., 975 F. 2d 604, 609 (9th Cir. 1992).

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DATED: August 26, 2016

WANGER JONES HELSLEY PC
By:

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/s/ Patrick D. Toole
Patrick D. Toole,
Dylan J. Crosby,
Erin T. Huntington
Attorneys for PLAINTIFFS on behalf of
themselves and all others similarly situated

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DATED: August 26, 2016

LITTLER MENDELSON, P.C.

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By:

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/s/ Aurelio J. Perez
Robert G. Hulteng
Joshua D. Kienitz
Aurelio J. Perez
Attorneys for Defendant, Pacific Gas &
Electric Company

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DATED: August 26, 2016

LEORNARD CARDER, LLP

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By:

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/s/ Philip Monrad
Philip Monrad
Alex Pacheco
Attorneys for Defendant, IBEW Local 1245

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STIPULATED SCHEDULING ORDER

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ORDER

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Based on the above stipulation and good cause appearing, the Court amends the

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Scheduling Conference Order as follows:
1. Deadline to Complete Pre-Certification Non-Expert Written Discovery

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Excluding Depositions

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November 21, 2016
2. Deadline to Complete Pre-Certification Non-Expert Depositions

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January 27, 2017

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3. Deadline for Initial Expert Witness Disclosures

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February 24, 2017

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4. Deadline for Rebuttal Expert Witness Disclosures

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March 31, 2017

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5. Deadline to Complete Expert Discovery

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April 28, 2017
6. Plaintiffs’ Motion for Class Certification

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June 16, 2017
7. Defendants’ Opposition to Motion for Class Certification

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July 21, 2017

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8. Plaintiffs’ Reply In Support of Motion for Class Certification

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August 11, 2017

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9. Hearing On Motion for Class Certification

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August 25, 2017 at 10:00 a.m. in Courtroom 10

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10. Deadline for Hearings on Non-Dispositive Motions

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January 12, 20181

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11. Deadline for Hearings on Dispositive Motions

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January 26, 20182

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This deadline has been moved from the parties’ proposed deadline to accommodate the Court’s calendar.
This deadline has been moved from the parties’ proposed deadline to accommodate the Court’s calendar.

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STIPULATED SCHEDULING ORDER

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12. Pre-Trial Conference:
March 15, 2018 at 11:00 a.m. in Courtroom 10.

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13. Trial:
May 15, 2018 at 8:30 a.m. in Courtroom 10.

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As discussed at the discovery hearing on August 30, 2016, the Court also sets a status

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conference for November 21, 2016 at 2:00 p.m. in Courtroom 10. A joint status report shall be

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filed with the Court and emailed to chambers at [e-mail] no later than

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November 14, 2016.

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As discussed on the record at the discovery hearing on August 18, 2016, the Court

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declines to set a deadline for the amendment of any pleadings. As noted by the Court’s

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Scheduling Conference Order, however, leave to amend will be progressively more difficult to

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obtain as the case progresses and Plaintiff is advised that any undue delays in requesting such

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leave may result in denial of the request.

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IT IS SO ORDERED.
Dated:

August 31, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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STIPULATED SCHEDULING ORDER