Martinelli v. Johnson & Johnson et al

Filing 75

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 5/4/2017 ORDERING that the Scheduling Order is AMENDED as follows: Plaintiff's Deadline to Move for Class Certification CONTINUED to 8/28/2017; Defendants' Deadline to Oppose Class Certification CONTINUED to 10/2/2017; Plaintiff's Deadline to File Class Certification Reply CONTINUED to 11/3/2017; Class Certification Hearing CONTINUED to 12/14/2017 at 2:00 PM. (Zignago, K.)

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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
FURTHER 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 FURTHER 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 September 30, 2016, Plaintiff moved for leave to amend with an additional
plaintiff from New York, see Dkt. 46;
WHEREAS, Plaintiff’s motion for leave to amend was fully briefed on October 27, 2016
and is pending before the Court;
WHEREAS, the adjudication of Plaintiff’s motion for leave to amend will impact her
forthcoming motion for class certification, as it will affect (at minimum) the class definition and
damages analysis;
WHEREAS, the adjudication of Plaintiff’s motion for leave to amend will also impact the
expert witness work and report(s) that Plaintiff plans to submit in support of class certification;
WHEREAS, Plaintiff’s motion for class certification is presently due to be filed on or
before June 29, 2017;
WHEREAS, Plaintiff’s counsel informed the Court’s Courtroom Deputy of these issues by
telephone on March 29, 2017;
WHEREAS, Plaintiff seeks an extension of time to file her motion for class certification for
the good cause stated above;
WHEREAS, on August 30, 2016 and February 10, 2017, the parties previously obtained
extensions of time for class certification briefing in connection with requests to extend Phase I
discovery, see Dkt. Nos. 44 and 70; and
WHEREAS, the parties are on track to complete Phase I discovery by the current deadline.
NOW THEREFORE, subject to the Court’s approval, the parties stipulate that the August
30, 2016 Scheduling Order is further amended as follows:

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JOINT STIPULATION TO FURTHER 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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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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Current
June 29, 2017

Proposed
August 28, 2017

July 27, 2017

October 30, 2017

August 24, 2017

December 1, 2017

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

TBD

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Dated: April 26, 2017

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: April 26, 2017

TUCKER ELLIS LLP
By: /s/ Amanda Villalobos (as authorized on 4/26/2017)
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 FURTHER 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 Scheduling Order as most

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recently amended by stipulation and order on February 10, 2017, ECF No. 70, shall be amended as

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follows:

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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
June 29, 2017

Amended
August 28, 2017

July 27, 2017

October 2, 2017

August 24, 2017

November 3, 2017

September 21, 2017 at 2:00
PM

December 14, 2017 at 2:00
PM

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IT IS SO ORDERED.
Dated: May 4, 2017

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

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