Martinelli v. Johnson & Johnson et al

Filing 92

STIPULATION AND ORDER ORDER signed by District Judge Morrison C. England, Jr on 10/30/2017 ORDERING pursuant to the stipulation of the parties and good cause appearing, the Scheduling Order previously amended May 5, 2017 (ECF No. 75 ) is further amended as follows; Deadline to Complete Expert Depositions RESET to 12/22/2017; Plaintiff's Deadline to File Class Certification Reply, Daubert Oppositions, and Daubert Motions (if any) RESET to 1/5/2018; Defendants' Deadline to File Daubert Replies RESET to 1/19/2018; Defendants' Deadline to File Daubert Oppositions RESET to 1/26/2018; Plaintiff's Deadline to File Daubert Replies RESET to 2/8/2018; Class Certification and Daubert Hearing TBD. (Becknal, R)

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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)
Joseph I. Marchese (admitted pro hac vice)
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]
[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 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 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 August 28, 2017, Plaintiff moved for class certification, see Dkt. 80;
WHEREAS, on October 2, 2017, Defendants filed their opposition to Plaintiff’s motion for
class certification (Dkt. No. 82), three expert rebuttal reports (Dkt. Nos. 83-3, 85-4, 85-5), and two
Daubert motions against Plaintiff’s experts J. Michael Dennis and Colin Weir (Dkt. Nos. 83, 85).
WHEREAS, the deadline for Plaintiff to file her reply in support of her motion for class
certification is November 3, 2017;
WHEREAS, the deadline for Plaintiff to file her oppositions to Defendants’ Daubert
motions is November 30, 2017, see L.R. 230(c)-(d);
WHEREAS, the hearing on Plaintiff’s motion for class certification is currently schedule
for December 14, 2017;
WHEREAS, issues concerning expert testimony and expert discovery are intertwined with
Plaintiffs’ motion for class certification, Defendants’ Daubert motions, and Plaintiff’s forthcoming
Daubert motions, if any;
WHEREAS, at least one of Defendants’ experts is unavailable for deposition prior to the
week of December 18, 2017;
WHEREAS, Plaintiff seeks an extension of time to file her reply in support of her motion
for class certification, her oppositions to Defendants’ Daubert motions, and her forthcoming
Daubert motions against Defendants’ experts (if any) for the good cause stated above;
WHEREAS, on August 30, 2016, February 10, 2017, and May 5, 2017, the parties
previously obtained extensions of time for class certification briefing in connection with requests to
extend Phase I discovery as well as Plaintiff’s then-pending motion for leave to amend, see Dkt.
Nos. 44, 70, and 75; and
NOW THEREFORE, subject to the Court’s approval, the parties stipulate that the
Scheduling Order is further amended as follows:

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

C
O
M

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Plaintiff’s Deadline to Move
for Class Certification
Defendants’ Deadline to
Oppose Class Certification
Deadline to Complete Expert
Depositions
Plaintiff’s Deadline to File
Class Certification Reply,
Daubert Oppositions, and
Daubert Motions (if any)
Defendants’ Deadline to File
Daubert Replies
Defendants’ Deadline to File
Daubert Oppositions
Plaintiff’s Deadline to File
Daubert Replies
Class Certification and
Daubert Hearing

Current
August 28, 2017

Proposed
N/A

October 2, 2017

N/A

N/A
November 3, 2017

December 22, 2017 (unless
otherwise agreed by the
parties)
January 5, 2018

December 7, 2017

January 19, 2018

N/A

January 26, 2018

N/A

February 8, 2018

December 14, 2017 at 2:00
PM

TBD

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Dated: October 24, 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)
Joseph I. Marchese (admitted pro hac vice)
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]
[e-mail]

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

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Attorneys for Plaintiff

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Dated: October 24, 2017

TUCKER ELLIS LLP
By: /s/ Amanda Villalobos (as authorized on 10/24/2017)
Amanda Villalobos

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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: [phone]
Facsimile: 213.430.3409

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Attorneys for Defendants McNeil Nutritionals, LLC and
Johnson & Johnson

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ORDER
Pursuant to the stipulation of the parties and good cause appearing, the Scheduling Order
previously amended May 5, 2017 (ECF No. 75) is further amended as follows:

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Plaintiff’s Deadline to Move
for Class Certification
Defendants’ Deadline to
Oppose Class Certification
Deadline to Complete Expert
Depositions
Plaintiff’s Deadline to File
Class Certification Reply,
Daubert Oppositions, and
Daubert Motions (if any)
Defendants’ Deadline to File
Daubert Replies
Defendants’ Deadline to File
Daubert Oppositions
Plaintiff’s Deadline to File
Daubert Replies
Class Certification and
Daubert Hearing

Current
August 28, 2017

New
N/A

October 2, 2017

N/A

N/A

December 22, 2017

November 3, 2017

January 5, 2018

December 7, 2017

January 19, 2018

N/A

January 26, 2018

N/A

February 8, 2018

December 14, 2017 at 2:00
PM

TBD

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

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Additionally, the parties are ordered to renotice the Class Certification and Daubert

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hearings for a date in line with the briefing schedule provided above. The motions shall be

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renoticed in compliance with Local Rule 230(a). Available civil law and motion calendar dates can

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be found on the Court's website at www.caed.uscourts.gov. Reservation of a hearing date is not

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required and civil law and motion hearings are at 2:00 p.m., in courtroom 7.

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IT IS SO ORDERED.
Dated: October 30, 2017

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

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