Mitchell v. Skyline Homes

Filing 87

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 4/14/11 ORDERING that the existing Scheduling order shall be modified as follows: Close of Class Certification Discovery due by 8/2/2011. MOTION for Class Certification deadline is now 10/11/2011. (Mena-Sanchez, L)

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Jeff D. Friedman (173886)
Shana E. Scarlett (217895)
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Steve W. Berman (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiffs

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[Additional Counsel Listed on Signature Page]

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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CHRISTINA MITCHELL, DAWN WRIGHT
AND JERRY WRIGHT, Individually and on
behalf of all others similarly situated,

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Plaintiffs,
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v.
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SKYLINE HOMES, INC.,
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Defendant.
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010153-11 436468 V1

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No. 2:09-CV-02241-GGH (TEMP)
STIPULATION AND ORDER
EXTENDING TIME FOR PLAINTIFFS’
MOTION FOR CLASS
CERTIFICATION AND OTHER CASE
DEADLINES

ACTION FILED: June 29, 2009

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WHEREAS Plaintiffs filed the complaint in this action on June 29, 2009;
WHEREAS on June 4, 2010, Plaintiffs filed their Second Amended Complaint;
WHEREAS on September 24, 2010, Judge Mueller granted in part and denied in part
the motion to dismiss;
WHEREAS on October 12, 2010, Skyline Homes, Inc. (“Skyline”) filed its answer to
the Second Amended Complaint, and on December 3, 2010, filed its amended answer to the
Second Amended Complaint;
WHEREAS on October 13, 2010, the parties held a status conference before Judge
Mueller, wherein the Defendant represented that it would have completed its production of
documents in response to Plaintiffs’ requests by November 19, 2010;
WHEREAS in an order dated October 14, 2010, Judge Mueller ordered that discovery
pertaining to class issues shall be completed by May 4, 2011, and any motion for class
certification shall be filed no later than July 13, 2011;
WHEREAS Plaintiffs agreed to the class certification deadlines based on Defendant’s
representation that it would have completed its production of documents by November 19,
2010, but after discussions between the parties and further motion practice, Defendant is still
currently producing documents responsive to Plaintiffs’ requests for production of documents;
WHEREAS the parties continue to cooperate in the production of discovery, including
Defendant’s responses to multiple sets of requests for production of documents, special
interrogatories, requests for admission and depositions of Defendant’s employees pursuant to
Federal Rule of Civil Procedure 30(b)(6);
WHEREAS Plaintiffs have served subpoenas on three third-parties, including the
manufacturer of the siding involved in the design defect alleged in this class action, and are still
negotiating the production of documents from these third-parties;

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STIP. AND [PROP.] ORD. RE CLASS CERT. SCHEDULE –
Case No. 2:09-CV-02241-GGH (TEMP)
010153-11 436468 V1

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WHEREAS Defendant recently served voluminous discovery on March 15, 2011, and
March 25, 2011, including 55 interrogatories, 28 requests for production of documents, and 103
requests for admission on Plaintiffs as well as two separate demands for inspection of
Plaintiffs’ homes;
WHEREAS the parties agree that a motion for class certification would be premature at
this time while discovery from both the parties and third-parties remains outstanding;
WHEREAS pursuant to Federal Rule of Civil Procedure 6(b) and subject to approval by
the Court, the parties stipulate to an extension of time on the close of discovery relating to class
certification and the filing of Plaintiffs’ motion for class certification for 90 days; and
WHEREAS Plaintiffs have not previously requested any extension of the schedule or
other case related deadlines;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between
the undersigned counsel for Plaintiffs and counsel for Defendant, subject to the approval of the
Court that the existing scheduling order shall be modified as follows:

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Event

Current Schedule

Proposed Schedule

Close of class certification
discovery

May 4, 2011

August 2, 2011

Motion for class certification

July 13, 2011

October 11, 2011

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Dated: April 5, 2011

HAGENS BERMAN SOBOL SHAPIRO LLP

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By

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/s/ Shana E. Scarlett
SHANA E. SCARLETT

Jeff D. Friedman (173886)
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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STIP. AND [PROP.] ORD. RE CLASS CERT. SCHEDULE –
Case No. 2:09-CV-02241-GGH (TEMP)
010153-11 436468 V1

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Steve W. Berman (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Eugene P. Haydu (136174)
LAW OFFICE OF EUGENE P. HAYDU
965 University Avenue, Suite 222
Sacramento, CA 95825-6736
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Craig G. McIntosh, Esq. (37596)
LAW OFFICE OF CRAIG G. MCINTOSH
3017 Douglas Boulevard, Suite 300
Roseville, CA 95661
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiffs

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Dated: April 5, 2011

TUCKER ELLIS & WEST LLP

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By

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/s/ Daniel J. Kelly
(as authorized on April 5, 2011)
DANIEL J. KELLY

Sara K. Beede (258425)
135 Main Street, Ste. 700
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant Skyline Homes, Inc.
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IT IS SO ORDERED.
DATED:

April 14, 2011

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/s/ Gregory G. Hollows
MAGISTRATE JUDGE GREGORY G. HOLLOWS
UNITED STATES DISTRICT COURT MAGISTRATE

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STIP. AND [PROP.] ORD. RE CLASS CERT. SCHEDULE –
Case No. 2:09-CV-02241-GGH (TEMP)
010153-11 436468 V1

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