Melgar v. Zicam LLC, et al

Filing 106

STIPULATION and ORDER by Chief Judge Morrison C. England, Jr on 10/28/15: The deadline for Defendants to submit replies in support of their motion for summary judgment and motion to exclude certain opinion testimony is extended to on or bef ore November 19, 2015. The last day to hear dispositive motions shall be extended to January 14, 2016. HEARING as to 33 MOTION for SUMMARY JUDGMENT, 70 MOTION To Exclude Certain Opinion Testimony, 71 MOTION to Exclude Certain Opinion Testimony, 69 MOTION for SUMMARY JUDGMENT RESET for 1/14/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Kaminski, H)

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ALAN J. LAZARUS (SBN #129767)
[e-mail]
WILLIAM A. HANSSEN (SBN #110613)
[e-mail]
ASHLEY K. CORKERY (SBN #301380)
[e-mail]
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
ZICAM LLC and MATRIXX
INITIATIVES, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YESENIA MELGAR, on Behalf of Herself
and all Others Similarly Situated,

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Plaintiff,
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v.
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ZICAM LLC and MATRIXX
INITIATIVES, INC.,

Case No. 2:14-cv-00160-MCE-AC
STIPULATION AND ORDER SETTING
REVISED BRIEFING SCHEDULE FOR
DEFENDANTS TO FILE REPLIES IN
SUPPORT OF SUMMARY JUDGMENT
AND MOTIONS TO EXCLUDE CERTAIN
OPINION TESTIMONY AND
EXTENDING THE DEADLINE TO HEAR
DISPOSITIVE MOTIONS

Defendants.

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Plaintiff Yesenia Melgar, on behalf of herself and all others similarly situated
(“Plaintiff”), and Defendants Zicam LLC and Matrixx Initiatives, Inc. (collectively
“Defendants”), by and through their respective attorneys, hereby stipulate as follows:
WHEREAS, Defendants filed a motion for summary judgment (Dkt. No. 69) and motions
to exclude certain opinion testimony of designated expert Noel R. Rose (Dkt. No. 70) and of
designated expert R. Barker Bausell (Dkt. 71), on August 6, 2015;
WHEREAS, after the parties met and conferred, Plaintiff filed a stipulation and proposed
order setting the briefing schedule and extending the deadline to hear dispositive motions (Dkt.
No. 80) and a stipulation and proposed order setting the briefing schedule for Defendants’

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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND ORDER SETTING MSJ AND MTE
BRIEFING SCHEDULE AND EXTENDING HEARING
DEADLINES

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CASE NO. 2:14-CV-00160-MCE-AC

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motions to exclude certain expert testimony (Dkt. No. 81), on August 14, 2015;

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WHEREAS, the Court extended the deadline for the last day to hear dispositive motions
to November 12, 2015, pursuant to an Order entered on August 14, 2015 (Dkt. No. 84);

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WHEREAS, the Court extended the deadline to file oppositions to Defendants’ motion for

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summary judgment and motions to exclude certain opinion testimony to October 1, 2015 (Dkt.

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Nos. 84, 88);

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WHEREAS, Defendants’ replies in support of motion for summary judgment and motions
to exclude certain opinion testimony are due on November 5, 2015;

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WHEREAS, counsel for Defendants were engaged in trial longer than anticipated, from
September 21 through October 16, 2015;

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WHEREAS, following the trial, lead counsel for Defendants traveled to Florida on
October 17, 2015 due to the illness and death of his parent;

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WHEREAS, Plaintiff’s counsel are scheduled to begin trial in Los Angeles on October 27,
2015;
WHEREAS, on October 20, 2015 the Court issued an order continuing the trial of this

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matter from February 8, 2016 to August 1, 2016, and the Final Pretrial Conference from

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December 17, 2015 to June 16, 2016.

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WHEREAS, the parties have conferred and agreed to set a new briefing schedule for

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Defendants to file replies in support of their motion for summary judgment and motions to

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exclude certain opinion testimony to accommodate Defendants’ counsel personal circumstance

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and the parties respective trial schedules;

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WHEREAS, the parties respectfully request that the Court grant this extension to
accommodate the personal circumstance of defense counsel;
WHEREAS, the parties now stipulate and agree to the entry of an Order extending the

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date of Defendants’ replies in support of their motion for summary judgment and motions to

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exclude certain opinion testimony to on or before November 19, 2015;

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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

WHEREAS, the parties now stipulate and agree to the entry of an Order extending the last
day to hear dispositive motions to January 14, 2016;
STIPULATION AND ORDER SETTING MSJ AND MTE
BRIEFING SCHEDULE AND EXTENDING HEARING
DEADLINES

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CASE NO. 2:14-CV-00160-MCE-AC

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WHEREAS, the parties now stipulate and agree to the entry of an Order extending the
hearing date of Defendants’ motions to exclude certain opinion testimony to January 14, 2016;
THEREFORE, IT IS HEREBY STIPULATED by and between the parties and their
counsel that, upon the Court’s grant of the proposed order submitted herewith:
1. The deadline for Defendants to submit replies in support of their motion for summary

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judgment; in support of their motion to exclude certain opinion testimony of Noel R.

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Rose; and in support of their motion to exclude certain opinion testimony of R. Barker

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Bausell is extended to on or before November 19, 2015;

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2. Defendants will file their replies in support of their motion for summary judgment; in

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support of their motion to exclude certain opinion testimony of Noel R. Rose; and in

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support of their motion to exclude certain opinion testimony of R. Barker Bausell on

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or before November 19, 2015;

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3. The last day to hear dispositive motions shall be extended to January 14, 2016;

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4. The hearing on Defendants’ motion for summary judgment and motions to exclude

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certain opinion testimony shall be on January 14, 2016 at 2:00 p.m., or on such other

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date that is convenient for the Court.

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IT IS SO STIPULATED.

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Dated: October _____, 2015

DRINKER BIDDLE & REATH LLP

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By:
Alan J. Lazarus
William A. Hanssen
Ashley K. Corkery

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Attorneys for Defendants
ZICAM LLC and MATRIXX INITIATIVES,
INC.

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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND ORDER SETTING MSJ AND MTE
BRIEFING SCHEDULE AND EXTENDING HEARING
DEADLINES

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CASE NO. 2:14-CV-00160-MCE-AC

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Dated: October _____, 2015

BURSOR & FISHER, P.A.

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By:
L. Timothy Fisher
Annick M. Persinger
Julie A. Luster

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Attorneys for Plaintiff
YESENIA MELGAR

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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND ORDER SETTING MSJ AND MTE
BRIEFING SCHEDULE AND EXTENDING HEARING
DEADLINES

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CASE NO. 2:14-CV-00160-MCE-AC

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ORDER
Pursuant to the parties’ stipulation, the Court hereby orders:

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1. The deadline for Defendants to submit replies in support of their motion for summary

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judgment; in support of their motion to exclude certain opinion testimony of Noel R.

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Rose; and in support of their motion to exclude certain opinion testimony of R. Barker

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Bausell is extended to on or before November 19, 2015;

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2. The last day to hear dispositive motions shall be extended to January 14, 2016;

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3. The hearing on Defendants’ motion for summary judgment; motion to exclude certain

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opinion testimony of Noel R. Rose; and motion to exclude certain opinion testimony

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of R. Barker Bausell shall be on January 14, 2016.

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IT IS SO ORDERED.
DATED: October 28, 2015

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__________
__________
___________
__________
____
MORRISON C. ENGL
N
LAND, JR, C
CHIEF JUDG
GE
UNITED ST
TATES DIS
STRICT COU
URT

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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

ORDER
82971717.1

CASE NO. 2:14-CV-00160-MCE-AC