Morales et al v. Unilever United States, Inc.

Filing 45

STIPULATION and SECOND ORDER TO MODIFY SCHEDULING ORDER 44 signed by Senior Judge William B. Shubb on 4/28/2015: The Court shall hear oral argument on Plaintiffs' motion for class certification on 4/4/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Court shall hear oral argument on any motions for summary judgment on 7/11/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Final Pretrial Conference is reset for 9/12/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial is reset for 11/15/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Counsel shall refer to the attached order for further dates and details.) (Kirksey Smith, K)

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Michael P. Esser (SBN 268634)
[e-mail]
KIRKLAND & ELLIS LLP
555 California Street, 27th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Jay P. Lefkowitz, P.C. (admitted pro hac vice)
[e-mail]
Ross L. Weiner (admitted pro hac vice)
[e-mail]
KIRKLAND & ELLIS LLP
601 Lexington Avenue
New York, N.Y. 10022
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant

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Alan R. Plutzik (State Bar No. 77785)
Michael S. Strimling (State Bar No. 96135)
BRAMSON, PLUTZIK, MAHLER
& BIRKHAEUSER LLP
2125 Oak Grove Road
Walnut Creek, CA 94598
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Mark P. Kindall (State Bar No. 138703)
Robert A. Izard (admitted pro hac vice)
Nicole A. Veno (admitted pro hac vice)
IZARD NOBEL LLP
29 South Main Street, Suite 305
West Hartford, CT 06107
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
[Additional Counsel on Signature Page]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBA MORALES; LAINIE COHEN; LINDA
) CIV NO. 2:13-cv-2213 WBS EFB
CLAYMAN; and KENNETH DREW, on behalf of )
themselves and others similarly situated,
) STIPULATION AND [PROPOSED]
) SECOND MODIFIED SCHEDULING
Plaintiffs,
) ORDER
)
vs.
)
)
CONOPCO INC., d/b/a UNILEVER,
)
)
Defendant.
)
)
The parties in the above-captioned matter, by and through their designated counsel,
HEREBY AGREE AND STIPULATE as follows:

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Stipulation and [Proposed] Second Modified Scheduling Order; Case No. 2:13-cv-2213 WBS EFB

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WHEREAS, the parties to this case seek to modify the scheduling order [Dkt. #43] (the
“Order”); and
WHEREAS, the parties have had preliminary discussions concerning the possibility of
reaching a settlement in the litigation; and
WHEREAS, the parties have scheduled a mediation for June 15, 2015 in New York City
with Jonathan Marks, an experienced and respected mediator; and
WHEREAS, the parties have been diligently working to complete discovery in this action, as
follows:


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production on April 17, 2014;


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

Defendant served Plaintiffs with initial sets of interrogatories and requests for
production on August 6, 2014;



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Defendant responded to Plaintiffs’ initial set of interrogatories and requests for
production on June 3, 2014;

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Plaintiffs served Defendant with an initial set of interrogatories and requests for

All Plaintiffs responded to Defendant’s initial set of interrogatories and requests for
production by November 14, 2014;



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Defendant made its first production of 24,755 pages of documents on December 31,
2014;

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

Defendant produced an additional 101,248 pages of documents on February 26, 2015;

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

Defendant produced an additional 25,791 pages of documents on March 3, 2015;

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

Counsel for Plaintiffs have been diligently reviewing and analyzing the documents

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produced by Defendant;


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Defendant took the deposition of Plaintiff Kenneth Drew in Albany, New York on
March 31, 2015;



Defendant took the deposition of Plaintiff Lainie Cohen in Boston, Massachusetts on
April 9, 2015;

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

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23, 2015; and

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WHEREAS, the parties have met and conferred, and have determined that, although
considerable discovery has been taken, additional time is needed to complete fact discovery,
including the taking of additional depositions, prior to beginning the expert discovery phase; and

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WHEREAS, the parties have also agreed that a modification of the existing schedule would
be beneficial to their efforts to prepare for the mediation scheduled for June 15, 2015; and

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WHEREAS, based on the foregoing, the parties wish to extend the time for completing fact
discovery until the end of September, 2015; and

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Defendant took the deposition of Plaintiff Alba Morales in New York City on April

WHEREAS, extending the time for completing fact discovery would necessarily impact the
remaining dates in the litigation schedule; modify the schedule set forth in the Order as follows:

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Event

Current Deadlines

Complete Fact Discovery
Plaintiffs Disclose Expert(s) /
Produce Report(s)
Defendant Discloses Expert(s) /
Produces Report(s) / Defendant
Deposes Plaintiffs’ Expert(s)
Plaintiffs Depose Defendant’s
Expert(s) / Plaintiffs Disclose
Rebuttal Expert(s) and/or
Rebuttal Expert Report(s)
Defendant’s Depose Plaintiffs’
Rebuttal Expert(s)
Expert Discovery Closes
Plaintiffs’ Motion for Class
Certification
Defendant’s Opposition to
Plaintiffs’ Motion for Class
Certification
Plaintiffs’ Reply in Further
Support of Their Motion for
Class Certification
Oral Argument on Plaintiffs’
Motion for Class Certification

May 15, 2015
June 12, 2015

Proposed Amended
Deadlines
September 30, 2015
October 28, 2015

July 10, 2015

November 25, 2015

Aug. 7, 2015

December 23, 2015

Aug. 28, 2015

January 13, 2016

Sept. 4, 2015
Sept. 11, 2015

January 20, 2016
January 27, 2016

Oct. 9, 2015

February 24, 2016

Nov. 6, 2015

March 23, 2016

Nov. 23, 2015

April 8, 2016

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All Other Motions (Including
Dec. 7, 2015
Summary Judgment)
Opposition to Summary
Jan. 15, 2016
Judgment Motions
Reply to Summary Judgment
Feb. 5, 2016
Oppositions
Oral Argument on Motion(s) for Feb. 22, 2016
Summary Judgment
Final Pretrial Conference
March 14, 2016

April 22, 2016
June 1, 2016
June 22, 2016
July 9, 2016
July 29, 2016

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NOW THEREFORE, the Parties agree and stipulate to, and submit that good cause is shown
to support, the following Second Modified Scheduling Order.

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Accordingly, the Court HEREBY ORDERS that:
1.

The parties’ stipulation to modify the Pretrial Scheduling Order is GRANTED; and the Order
is modified as follows:

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(i)

On or before September 30, 2015, the parties shall complete fact discovery;

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(ii)

On or before October 28, 2015, Plaintiffs shall disclose expert(s) and produce
expert(s) report(s);

(iii)

On or before November 25, 2015, Defendant shall disclose expert(s), produce
expert(s) report(s), and depose Plaintiffs’ expert(s);

(iv)

On or before December 23, 2015, Plaintiffs shall depose Defendant’s expert(s),
Plaintiffs shall disclose rebuttal expert(s) and rebuttal expert(s) report(s);

(v)

On or before January 13, 2016, Defendant shall depose Plaintiffs’ rebuttal expert(s);

(vi)

On or before January 20, 2016, expert discovery shall close (with all motions to
compel heard and resulting orders obeyed on or before September 4, 2015);

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(vii)

On or before January 27, 2016, Plaintiffs shall file their motion for class certification;

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(viii) On or before February 24, 2016, Defendant shall file its opposition to Plaintiff’s
motion for class certification;

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(ix)

On or before March 23, 2016, Plaintiffs shall file their reply brief in further support of
their motion for class certification;

(x)

On April 4, 2016 at 2:00 p.m., the Court shall hear oral argument on Plaintiffs’
motion for class certification;

(xi)

On or before April 22, 2016, all other motions, including summary judgment, shall be
filed;

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(xii)

On or before June 1, 2016, oppositions to summary judgment motions shall be filed;

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(xiii) On or before June 22, 2016, reply briefs in support of summary judgment motions
shall be filed;

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(xiv)

On July 11, 2016 at 2:00 p.m., the Court shall hear oral argument on any motions for
summary judgment.

(xv)

On September 12, 2016 at 2:00 p.m., the parties shall appear for a final pre-trial
conference.

(xvi)

On November 15, 2016 at 9:00 a.m., the parties shall appear to commence the jury
trial.

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By:/s/ Michael P. Esser
Michael P. Esser (SBN 268634)
[e-mail]
KIRKLAND & ELLIS LLP
555 California Street, 27th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

By:/s/ Mark P. Kindall
Mark P. Kindall (State Bar No. 138703)
Robert A. Izard (admitted pro hac vice)
Nicole A. Veno (admitted pro hac vice)
IZARD NOBEL LLP
29 South Main Street, Suite 305
West Hartford, CT 06107
Telephone: [phone]
Facsimile: [phone]
Jay P. Lefkowitz, P.C. (admitted pro hac vice) [e-mail]
[e-mail]
[e-mail]
Ross L. Weiner (admitted pro hac vice)
[e-mail]
[e-mail]
KIRKLAND & ELLIS LLP
Alan R. Plutzik (State Bar No. 77785)
601 Lexington Avenue
BRAMSON, PLUTZIK, MAHLER
New York, New York 10022
& BIRKHAEUSER LLP
Telephone: [phone]
2125 Oak Grove Road
Facsimile: [phone]
Walnut Creek, CA 94598
Telephone: [phone]
Attorneys for Defendant
Facsimile: [phone]
CONOPCO INC. D/B/A UNILEVER
[e-mail]

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Joseph J. DePalma (admitted pro hac vice)
Katrina Carroll (admitted pro hac vice)
LITE DEPALMA GREENBERG, LLC
Two Gateway Center, 12th Floor
Newark, New Jersey 07102
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: April 28, 2015

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CERTIFICATE OF SERVICE
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The undersigned hereby certify that all counsel of record who have consented to electronic
service are being served with a copy of the attached Stipulation and [Proposed] Second Modified
Scheduling Order via the CM/ECF system on April 27, 2015.

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DATED: April 27, 2015

/s/ Mark P. Kindall
Mark P. Kindall

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