Mlejnecky v. Olympus Imaging America Inc.

Filing 60

STIPULATION and ORDER signed by Judge John A. Mendez on 11/3/2011 GRANTING extension of class certification filing deadline. Pltfs to file their motion for class certification: 1/17/2012; Dfts file their response: 3/19/2012; Pltfs file their reply: 4/9/2012. (Zignago, K.)

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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;
WHEREAS Plaintiffs propounded their second discovery requests to Defendant on June
30, 2011;

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STIPULATION AND [PROPOSED] ORDER
GRANTING EXTENSION OF CLASS CERTIFICATION
FILING DEADLINE - 1
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WHEREAS Olympus answered the Second Amended Complaint on September 12,
2011;

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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

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Plaintiffs’ discovery requests is in the form of electronically stored information (“ESI”),

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including email and other types of electronic documents;

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WHEREAS the parties have agreed that the ESI of twelve custodians should be
searched using agreed upon search terms;
WHEREAS Defendant commenced producing ESI on October 20, 2011 and as of this
date has substantially completed producing ESI for three of the twelve custodians;
WHEREAS Defendant has produced and has agreed to continue to produce ESI on a

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rolling basis with one to two productions per week and an expected completion date of

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November 30, 2011;

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WHEREAS the volume of ESI is considerable; for example, for the first three
custodians Olympus produced 5,458 documents comprised of 267,751 pages;
WHEREAS the parties agree that additional time is needed for Olympus to complete its

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production and for Plaintiffs to review that information in order to prepare for depositions and

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brief class certification;

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WHEREAS the parties anticipate that Plaintiffs will take targeted 30(b)(6) depositions
during the week of December 12, 2011;
WHEREAS the parties are actively engaged in discussions to reduce the number of
depositions that need to be taken;
WHEREAS the following deadlines are currently set pursuant to the Court’s case
schedule: November 7, 2011 — Plaintiffs file their motion for class certification; January 17,

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STIPULATION AND [PROPOSED] ORDER
GRANTING EXTENSION OF CLASS CERTIFICATION
FILING DEADLINE - 2
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2012 — Defendants file their response to Plaintiffs’ motion; February 7, 2012 — Plaintiffs file

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their reply in support of their motion.

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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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•

January 17, 2012 — Plaintiffs file their motion for class certification;

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•

March 19, 2012 — Defendants file their response to Plaintiffs’ motion; and

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•

April 9, 2012 — Plaintiffs file their reply in support of their motion.

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RESPECTFULLY SUBMITTED AND DATED this 3rd day of November, 2011.

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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
PDF created with pdfFactory trial version www.pdffactory.com

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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]
Attorneys for Plaintiffs and the Proposed
Class

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II. ORDER
IT IS SO ORDERED.
Dated this 3rd day of November, 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
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CERTIFICATE OF SERVICE
I, Beth E. Terrell, hereby certify that on November 3, 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 3rd day of November, 2011.
TERRELL MARSHALL DAUDT & WILLIE PLLC

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By:

/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
PDF created with pdfFactory trial version www.pdffactory.com