Martinelli v. Johnson & Johnson et al

Filing 70

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 2/9/2017 ORDERING the defendants to produce the documents from the three new custodians by 2/10/2017; ORDERING that Phase I Discovery be completed by 5/25/2017; ORDERING the p laintiffs to file a Motion for Class Certification by 6/29/2017 and that the hearing on said motion be noticed for hearing on 9/21/2017 at 02:00 PM; ORDERING the defendants to file their opposition to said motion by 7/27/2017; ORDERING that any reply be filed by 8/24/2017. (Michel, G.)

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BURSOR & FISHER, P.A.
L. Timothy Fisher (State Bar No. 191626)
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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BURSOR & FISHER, P.A.
Scott A. Bursor (State Bar No. 276006)
Neal J. Deckant (admitted pro hac vice)
Frederick J. Klorczyk III (admitted pro hac vice)
888 Seventh Avenue
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOANN MARTINELLI, individually and on
behalf of all others similarly situated,
Plaintiff,

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JOINT STIPULATION AND ORDER TO
AMEND THE AUGUST 30, 2016
SCHEDULING ORDER

v.

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Case Number: 15-cv-01733-MCE-DB

JOHNSON & JOHNSON and McNEIL
NUTRITIONALS, LLC,

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Defendants.

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JOINT STIPULATION TO AMEND THE AUGUST 30, 2016 SCHEDULING ORDER
CASE NO. 15-CV-01733-MCE-DB

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Plaintiff JoAnn Martinelli (“Plaintiff”) and Defendants Johnson & Johnson and McNeil
Nutritionals, LLC (“Defendants”), through their respective counsel of record, hereby stipulate and
agree as follows:
WHEREAS, on November 22, 2016, Plaintiff served Rule 30(b)(6) deposition notices on
Defendants, which scheduled Defendants’ depositions for January 10 and 11, 2017;
WHEREAS, subsequently, the parties convened several meet and confer conference calls to
discuss deposition scheduling and document discovery issues;
WHEREAS, the parties continued to meet and confer to discuss scheduling;
WHEREAS, on January 5, 2017, Plaintiff filed a motion to compel the production of
documents;
WHEREAS, on January 17, 2017, Plaintiff served a notice of deposition of William
Twomey on Defendants’ lawyers;
WHEREAS, on January 20, 2017, Plaintiff served notices of deposition of Sean Belke and
Steve Kirschenbaum on Defendants’ lawyers;
WHEREAS, on January 26, 2017, in connection with Plaintiff’s motion to compel
production of documents, Defendants’ lawyers agreed to produce documents from three new
custodians by February 10, 2017;
WHEREAS, Defendants have not yet designated their Rule 30(b)(6) witnesses, but are in
the process of doing so;
WHEREAS, the parties jointly agree that the requested extension of the schedule is
necessary to complete Phase I discovery; and
WHEREAS, the parties previously obtained an extension of time from the Court to
complete Phase I discovery on August 30, 2016, see Dkt. No. 44.
NOW THEREFORE, subject to the Court’s approval, the parties stipulate as follows:
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The deadline for Defendants to produce the documents from the three new
custodians shall be February 10, 2017;

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The August 30, 2016 Scheduling Order is amended as follows:

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JOINT STIPULATION TO AMEND THE AUGUST 30, 2016 SCHEDULING ORDER
CASE NO. 15-CV-01733-MCE-DB

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C
O
M

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Phase I Discovery Cut Off
Plaintiff’s Deadline to Move
for Class Certification
Defendants’ Deadline to
Oppose Class Certification
Plaintiff’s Deadline to File
Class Certification Reply
Class Certification Hearing

Current
February 24, 2017
March 31, 2017

Proposed
May 25, 2017
June 29, 2017

April 28, 2017

July 27, 2017

May 26, 2017

August 24, 2017

June 15, 2017 at 2:00 p.m.

TBD

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Dated: February 1, 2017

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BURSOR & FISHER, P.A.
By: /s/ L. Timothy Fisher
L. Timothy Fisher

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L. Timothy Fisher (State Bar No. 191626)
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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BURSOR & FISHER, P.A.
Scott A. Bursor (State Bar No. 276006)
Neal J. Deckant (admitted pro hac vice)
Frederick J. Klorczyk III (admitted pro hac vice)
888 Seventh Avenue
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff

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Dated: February 1, 2017

TUCKER ELLIS LLP
By: /s/ Amanda Villalobos (as authorized on 1/31/2017)
Amanda Villalobos
Mollie F. Benedict - SBN 187084
[e-mail]
Amanda Villalobos - SBN 262176
[e-mail]
515 South Flower Street
Forty-Second Floor

JOINT STIPULATION TO AMEND THE AUGUST 30, 2016 SCHEDULING ORDER
CASE NO. 15-CV-01733-MCE-DB

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Los Angeles, CA 90071-2223
Telephone: [phone]
Facsimile: 213.430.3409

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Attorneys for Defendants McNeil Nutritionals, LLC and
Johnson & Johnson

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ORDER

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Pursuant to the parties’ stipulation and good cause appearing, the deadline for Defendants

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to produce the documents from the three new custodians shall be February 10, 2017. It is further

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ordered that the August 30, 2016 scheduling order shall be amended as follows:

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Phase I Discovery Cut Off
Plaintiff’s Deadline to Move
for Class Certification
Defendants’ Deadline to
Oppose Class Certification
Plaintiff’s Deadline to File
Class Certification Reply
Class Certification Hearing

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Former
February 24, 2017
March 31, 2017

Amended
May 25, 2017
June 29, 2017

April 28, 2017

July 27, 2017

May 26, 2017

August 24, 2017

June 15, 2017 at 2:00 p.m.

September 21, 2017 at 2:00
p.m.

IT IS SO ORDERED.
Dated: February 9, 2017

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JOINT STIPULATION TO AMEND THE AUGUST 30, 2016 SCHEDULING ORDER
CASE NO. 15-CV-01733-MCE-DB

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