Martinelli v. Johnson & Johnson et al

Filing 44

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 8/30/16. The Court's Scheduling Order (ECF No. 26 ) is hereby AMENDED to reflect the following dates and deadlines. Phase I Discovery Cut Off due by 2/24/2017. PL deadli ne to File Cert 3/31/2017. DE deadline to Respond 4/28/2017. PL deadline to Reply 5/26/2017. The Court sets the hearing on Plaintiff's Motion for Class Certification for 6/15/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Mena-Sanchez, L)

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Attorneys for Plaintiff

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TUCKER ELLIS LLP

Attorneys for Defendants JOHNSON & JOHNSON
and MCNEIL NUTRITIONALS, LLC
BURSOR & FISHER, P.A.
L. Timothy Fisher – SBN 191626
[e-mail]
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone:
925.300.4455
Facsimile:
925.407.2700

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Cleveland ♦ Columbus ♦ Denver ♦ Los Angeles ♦ San Francisco

TUCKER ELLIS LLP
Mollie F. Benedict - SBN 187084
[e-mail]
Amanda Villalobos - SBN 262176
[e-mail]
515 South Flower Street
Forty-Second Floor
Los Angeles, CA 90071-2223
Telephone:
213.430.3400
Facsimile:
213.430.3409

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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18 JOANN MARTINELLI, individually and on
behalf of all others similarly situated,
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Plaintiff,
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v.
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JOHNSON & JOHNSON and McNEIL
22 NUTRITIONALS, LLC,
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Defendants.

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Case No. 2:15-cv-01733-MCE-DB
JOINT STIPULATION AND ORDER TO
AMEND THE JULY 28, 2016 ORDER AND
MARCH 7, 2016 SCHEDULING ORDER

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WHEREAS, the Court issued an Order regarding Plaintiff JoAnn Martinelli’s (“Plaintiff”)

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Motion To Compel on July 28, 2016 (the “July 28 Order”) [Dkt. 41], which requires Defendants McNeil

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Nutritionals, LLC and Johnson & Johnson (collectively, “Defendants”) to produce the documents

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referenced in the Order within 30 days.

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WHEREAS, the parties seek to request a modification of the July 28 Order to extend the amount

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of time Defendants have to produce the documents referenced in the Order.
WHEREAS, the Court issued a Scheduling Order on March 7, 2016 (the “March 7 Scheduling

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Order”) [Dkt. 25] setting the following deadlines:

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Phase I Discovery Cut Off
PL Deadline to File Cert.

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TUCKER ELLIS LLP

Cleveland ♦ Columbus ♦ Denver ♦ Los Angeles ♦ San Francisco

permit additional time to complete discovery and for Plaintiff to file her forthcoming motion for class
certification.
WHEREAS, since the Court issued the July 28 Order and the March 7 Scheduling Order, the

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parties have been meeting and conferring regarding various fact discovery issues. The parties have been
endeavoring to work cooperatively to resolve disputes without involvement of the Court.
WHEREAS, the parties jointly agree that the requested extension of the schedule is necessary to

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complete Phase I discovery.
WHEREAS, subject to the Court’s approval, the parties have jointly agreed to request an

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amendment to the July 28 Order and the March 7 Scheduling Order.
WHEREAS, the parties have not obtained any prior extensions of time from the Court in

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connection with this matter.
NOW THEREFORE, subject to the Court’s approval, the parties stipulate as follows:

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1. The deadline for Defendants to produce the documents referenced in the July 28 Order shall be

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extended to October 7, 2016.

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2. The March 7 Scheduling Order is amended as follows:

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February 23, 2017, at 2:00 p.m.

WHEREAS, the parties seek to request a modification of the March 7 Scheduling Order to

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February 9, 2017

Class Cert. Hearing

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January 12, 2017

PL Deadline to Reply

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December 15, 2016

DE Deadline to Respond

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October 24, 2016

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Current

Proposed

Phase I Discovery Cut Off

October 24, 2016

February 24, 2017

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PL Deadline to File Cert.

December 15, 2016

March 31, 2017

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DE Deadline to Respond

January 12, 2017

April 28, 2017

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PL Deadline to Reply

February 9, 2017

May 26, 2017

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Class Cert Hearing

February 23, 2017, at 2:00 p.m.

TBD

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DATED: August 26, 2016

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By:
/s/ Mollie F. Benedict
Mollie F. Benedict - SBN 187084
Attorneys for Defendants MCNEIL
NUTRITIONALS LLC
and JOHNSON & JOHNSON

TUCKER ELLIS LLP

Cleveland ♦ Columbus ♦ Denver ♦ Los Angeles ♦ San Francisco

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TUCKER ELLIS LLP

DATED: August 26, 2016

BURSOR & FISHER, P.A.

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By:
/s/ L. Timothy Fisher
L. Timothy Fisher - SBN 191626
Attorneys for Plaintiff JOANN MARTINELLI

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ORDER

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Pursuant to the foregoing stipulation (ECF No. 43), the Court’s Scheduling Order (ECF No. 26)

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is hereby amended to reflect the dates and deadlines set forth above. The Court sets the hearing on

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Plaintiff’s Motion for Class Certification for June 15, 2017 at 2:00 P.M.

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IT IS SO ORDERED.
Dated: August 30, 2016

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