Kress et al v. PriceWaterhouse Coopers, LLP

Filing 167

STIPULATION and ORDER #165 re Class Certification Motion and Trial schedule signed by Senior Judge Lawrence K. Karlton on 7/21/2010. Motion for Class Certification under FRCP 23 shall be filed between 9/1/2010 and 11/1/2010. Opposition shall be filed 45 days from filing date and plaintiff's Reply shall be filed 30 days thereafter. All other dated in Court's 4/22/2009 Modified Scheduling Order shall remain the same. (Marciel, M)

Kress et al v. PriceWaterhouse Coopers, LLP

Doc. 167

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NORMAN C. HILE (SBN 57299) [e-mail] JULIE A. TOTTEN (SBN 166470) [e-mail] DAVID A. PRAHL (SBN 233583) [e-mail] ANDREA L. BROWN (SBN. 237629) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 Sacramento, CA 95814-4497 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant PRICEWATERHOUSECOOPERS LLP EDWARD WYNNE (SBN 165819) WYNNE LAW FIRM 100 Drakes Landing Road, Suite 275 Greenbrae, CA 94904 Telephone: [phone] Facsimile: 415-461-3900

LYNNE C. HERMLE (SBN 99779) [e-mail] JOSEPH C. LIBURT (SBN 155507) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Defendant PRICEWATERHOUSECOOPERS LLP

PETER A. MUHIC BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP 280 King of Prussia road Radnor, PA 19087 Telephone: [phone] Facsimile: 610-667-7056 STEVEN ELSTER (SBN 227545) LAW OFFICE OF STEVEN ELSTER 785/E2 Oak Grove Road, #201 Concord, CA 94518 Telephone: [phone] Facsimile: 925-945-1276

WILLIAM A. BAIRD (SBN 192675) JEFFREY COMPTON (SBN 142969) MARKUN ZUSMAN & COMPTON LLP 17383 Sunset Blvd., Suite A-380 Pacific Palisades, CA 90272 Telephone: [phone] Facsimile: 310-454-5970 Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SAMUEL BRANDON KRESS, et al., Plaintiffs. v. PRICEWATERHOUSECOOPERS LLP, Defendant. Case No. 2:08-cv-00965 LKK/GGH STIPULATION AND ORDER RE CLASS CERTIFICATION MOTIONS AND TRIAL SCHEDULE

Stipulation And [Proposed] Order Re Class Certification Motions And Trial Schedule Dockets.Justia.com

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STIPULATION WHEREAS, on April 22, 2009, the Court issued a Modified Scheduling Order directing Plaintiffs Samuel Brandon Kress, Lac Ahn Le, Jason Patterson, Lauren San Mateo, James Stekelberg, Jeffrey Laberge, Willow Markham, Dana Blindbury, Jesse Kenny, Kelly C. Jones, and Antoine Powell (collectively, Plaintiffs) to file their motion for class certification under Federal Rule of Civil Procedure 23 as to a putative class consisting of California Associates and Senior Associates in PricewaterhouseCoopers LLP's ("PwC") Tax and Advisory lines of service and California Senior Associates in PwC's Assurance line of service between August 2, 2010 and October 1, 2010; WHEREAS, the parties have propounded discovery relating to Plaintiffs' class certification motion seeking to certify a putative class consisting of California Associates and Senior Associates in PwC's Tax and Advisory lines of service and California Senior Associates in PwC's Assurance line of service, and are presently engaged in the process of responding to such discovery; WHEREAS, the parties have met and conferred and agree that because discovery is voluminous and ongoing, the October 1, 2010 deadline for Plaintiffs to file their motion for certification is not realistic; WHEREAS, the parties have met and conferred and agree that the timeline currently in place as set forth in the Court's April 22, 2009 Modified Scheduling Order for, inter alia, the non-expert disclosures, the motions to compel discovery, expert witness disclosures, discovery including expert discovery, law and motion, final pre-trial conference, and trial will remain the same; WHEREAS, the parties have met and conferred and agree that the schedule regarding Plaintiffs' motion for class certification pursuant to Federal Rule of Civil Procedure 23 as set forth in the Court's April 22, 2009 Modified Scheduling Order needs adjustment for the reasons set forth above. ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and PwC, by and through their respective undersigned counsel: 1. Plaintiffs' motion for class certification under Federal Rule of Civil Procedure 23 as

to a putative class consisting of California Associates and Senior Associates in PwC's Tax and

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Stipulation And [Proposed] Order Re Class Certification Motions And Trial Schedule

1 Advisory lines of service and California Senior Associates in PwC's Assurance line of service, shall 2 be filed between September 1, 2010 and November 1, 2010. Consistent with the Court's April 22, 3 2009 Modified Scheduling Order, PwC's opposition shall be filed 45 days from the filing date, and 4 Plaintiffs' reply shall be filed 30 days thereafter. The parties will propose a hearing date for 5 approximately one month after the reply date. If the Court accepts the parties' stipulation, the parties 6 will shortly thereafter contact the Court to schedule a hearing date. 7
2. All other dates in the Court's April 22, 2009 Modified Scheduling Order shall remain

8 the same. In addition, the provisions in the Court's December 16, 2008 Scheduling Order shall 9 otherwise remain the same. 11 motion deadline. 12 Dated: July 19, 2010 13 BARROWAY TOPAZ KESSLER 14 KESSLER MELTZER & CHECK, LLP 15 16 17 18 19 20 21 22 23 24 25 26 27 28
- and -2WYNNE LAW FIRM Edward J. Wynne (SBN 165819) 100 Drake Landing Road, Suite 275 Greenbrae, CA 94904 Telephone: [phone] Facsimile: [phone] By:_/s/Peter A. Muhic Peter A. Muhic 280 King of Prussia Road Radnor, PA 19087 Telephone: [phone] Facsimile: [phone] ORRICK, HERRINGTON & SUTCLIFFE LLP For example, as provided in the Scheduling Order, the word

10 "completed" as it relates to law and motion means that all motions must be heard by the law and

By:

/s/ Julie A. Totten Norman C. Hile (SBN 57299) Julie A. Totten (SBN 166470) David A. Prahl (SBN 233583) Andrea L. Brown (SBN 237629) 400 Capitol Mall, Suite 3000 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Lynne C. Hermle (SBN 99779) Joseph C. Liburt (SBN 155507) Sitthikit Chariyasatit (SBN 252028) 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] Counsel for Defendant - and Stipulation And [Proposed] Order Re Class Certification Motions And Trial Schedule

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Dated: July 21, 2010. 16 17 18 19 20 21 22 23 24 25 26 27 28
-3Stipulation And [Proposed] Order Re Class Certification Motions And Trial Schedule

MARKUN ZUSMAN & COMPTON LLP William A. Baird (SBN 192675) Jeffrey Compton (SBN 142969) 17383 Sunset Blvd., Suite A-380 Pacific Palisades, CA 90272 Telephone: [phone] Facsimile: [phone] LAW OFFICE OF STEVEN ELSTER Steven Elster (SBN 227545) 785/E2 Oak Grove Road, #201 Concord, CA 94518 Telephone: [phone] Facsimile: [phone] Counsel for Plaintiffs

ORDER IT IS SO ORDERED: