Mlejnecky v. Olympus Imaging America Inc.

Filing 57

STIPULATION and ORDER 56 granting extension of class certification filing deadline signed by Judge John A. Mendez on 9/2/11, ORDERING that plaintiffs shall file their motion for class certification ON 11/7/11, defendant's response is due ON 1/17/12, and plaintiffs' reply is due ON 2/7/12. (Kastilahn, A)

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Michael F. Ram, CSB #104805
Email: [e-mail]
Karl Olson, CSB #104760
Email: [e-mail]
RAM, OLSON, CEREGHINO & KOPCZYNSKI
555 Montgomery Street, Suite 820
San Francisco, California 94111
Telephone: [phone]
Facsimile: 415-433-7311
[Additional Counsel Appear on Signature Page]

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Attorneys for Plaintiffs and the Proposed Class
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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STEFANIE MLEJNECKY; GREG
CLAYTOR,
Plaintiffs,

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v.
OLYMPUS IMAGING AMERICA INC.,

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Defendant.

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NO. 2:10−CV−02630−JAM−KJN
STIPULATION AND ORDER
GRANTING EXTENSION OF CLASS
CERTIFICATION FILING
DEADLINE
Date:
Time:
Courtroom: 6
Judge:
Hon. John A. Mendez

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WHEREAS Plaintiffs filed their Complaint on September 28, 2010;

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WHEREAS Plaintiffs propounded their first discovery requests to Defendant on

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December 7, 2010;

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STIPULATION AND [PROPOSED] ORDER
GRANTING EXTENSION OF CLASS CERTIFICATION
FILING DEADLINE - 1
WEST\224433769.1

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WHEREAS Plaintiffs propounded their second discovery requests to Defendant on June
30, 2011;
WHEREAS Olympus has filed two motions to dismiss and has not yet answered the
Second Amended Complaint;

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WHEREAS the parties have engaged in a significant number of meet and confer

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sessions regarding Plaintiffs’ discovery requests and have submitted two discovery disputes to

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the Court;

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WHEREAS a substantial percentage of the documents and information responsive to
Plaintiffs’ discovery requests is in the form of electronically stored information (“ESI”),
including email and other types of electronic documents;
WHEREAS the parties have been working cooperatively to identify custodians and
draft search terms to collect and produce Olympus’ ESI;
WHEREAS despite the parties’ cooperative efforts, no ESI has been produced to date
and early searches have identified over 250,000 potentially responsive documents;
WHEREAS the parties are currently working to refine the search terms, if possible, to
reduce the amount of data collected;
WHEREAS the parties agree that additional time is needed for Olympus to produce the
information Plaintiffs seek for class certification and for Plaintiffs to review that information;

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WHEREAS the following deadlines are currently set pursuant to the Court’s case

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schedule: September 7, 2011 — Plaintiffs file their motion for class certification; November 9,

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2011 — Defendants file their response to Plaintiffs’ motion; November 23, 2011 — Plaintiffs

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file their reply in support of their motion.

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WHEREAS the parties have not previously requested an extension of the briefing
deadlines on Plaintiffs’ motion for class certification;

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STIPULATION AND [PROPOSED] ORDER
GRANTING EXTENSION OF CLASS CERTIFICATION
FILING DEADLINE - 2
WEST\224433769.1

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WHEREAS the parties are working to avoid further continuances and do not currently
foresee any need for additional time.
Therefore the parties agree and stipulate to extend the class certification briefing by a
period of sixty days as follows:

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I. STIPULATION
The parties agree that good cause exists to continue the briefing deadlines on Plaintiffs’
motion for class certification as follows:

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•

November 7, 2011 — Plaintiffs file their motion for class certification;

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•

January 17, 2012 — Defendants file their response to Plaintiffs’ motion; and

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•

February 7, 2012 — Plaintiffs file their reply in support of their motion.

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RESPECTFULLY SUBMITTED AND DATED this 2nd day of September, 2011.
TERRELL MARSHALL DAUDT
& WILLIE PLLC

DLA PIPER LLP (US)

By: /s/ Beth E. Terrell, CSB #178181
Beth E. Terrell, CSB #178181
Email: [e-mail]
Marc C. Cote, Admitted Pro Hac Vice
Email: [e-mail]
936 North 34th Street, Suite 400
Seattle, Washington 98103-8869
Telephone: [phone]

By: /s/ Christopher M. Young CSB #163319
Christopher M. Young, CSB #163319
[e-mail]
Ryan T. Hansen, CSB #234329
[e-mail]
Amanda Fitzsimmons, CSB #258888
[e-mail]
401 B Street, Suite 1700
San Diego, California 92101-4297
Telephone: [phone]

Michael F. Ram, CSB #104805
Email: [e-mail]
Karl Olson, CSB #104760
Email: [e-mail]
RAM, OLSON, CEREGHINO
& KOPCZYNSKI
555 Montgomery Street, Suite 820
San Francisco, California 94111
Telephone: [phone]

Attorneys for Defendant Olympus Imaging
America Inc.

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STIPULATION AND [PROPOSED] ORDER
GRANTING EXTENSION OF CLASS CERTIFICATION
FILING DEADLINE - 3
WEST\224433769.1

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Marc Edelson, Admitted Pro Hac Vice
Email: [e-mail]
EDELSON & ASSOCIATES, LLC
45 West Court Street
Doylestown, Pennsylvania 18901
Telephone: [phone]

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Attorneys for Plaintiffs and the Proposed
Class

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II. ORDER

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IT IS SO ORDERED.

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Dated this 2nd day of September, 2011.

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/s/ John A. Mendez___________ ___________
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER
GRANTING EXTENSION OF CLASS CERTIFICATION
FILING DEADLINE - 4
WEST\224433769.1

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CERTIFICATE OF SERVICE
I, Beth E. Terrell, hereby certify that on September 2, 2011, I electronically filed the

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foregoing with the Clerk of the Court using the CM/ECF system which will send notification of

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such filing to the following:

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Christopher M. Young (Bar No. 163319)
[e-mail]
Ryan T. Hansen (Bar No. 234329)
[e-mail]
Amanda C. Fitzsimmons (Bar No. 258888)
[e-mail]
DLA PIPER LLP (US)
401 B Street, Suite 1700
San Diego, California 92101-4297
Telephone: [phone]
Facsimile: 619.699.2701

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Attorneys for Defendant

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DATED this 2nd day of September, 2011.

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TERRELL MARSHALL DAUDT & WILLIE PLLC

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By:

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/s/ Beth E. Terrell, CSB #178181
Beth E. Terrell, CSB #178181
Email: [e-mail]
936 North 34th Street, Suite 400
Seattle, Washington 98103-8869
Telephone: [phone]
Facsimile: 206-350-3528

Attorneys for Plaintiffs and the Proposed Class

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STIPULATION AND [PROPOSED] ORDER
GRANTING EXTENSION OF CLASS CERTIFICATION
FILING DEADLINE - 5
WEST\224433769.1

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