Westfall v. Ball Metal Beverage Container Corporation

Filing 51

SCHEDULING STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 12/13/2017 APPROVING the parties' proposal except that the Further Status Conference is set for 1/18/2018, at 02:30 PM, in Courtroom 3 (KJM), before District Judge Kimberly J. Mueller. All other dates contained within the 15 Order are VACATED. (York, M)

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JOHN K. SKOUSEN, SBN 192581
[e-mail]
CHRISTOPHER M. AHEARN, SBN 239089
[e-mail]
FISHER PHILLIPS LLP
2050 Main Street, Suite 1000
Irvine, California 92614
T: [phone]
F: [phone]
KATHERINE P. SANDBERG, SBN 301117
[e-mail]
FISHER PHILLIPS LLP
621 Capitol Mall, Suite 1400
Sacramento, CA 95814
T: [phone]
F: [phone]
Attorneys for Defendant, BALL METAL BEVERAGE CONTAINER CORP.
(erroneously sued as “BALL METAL BEVERAGE CONTAINER CORPORATION”)

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MATTHEW R. EASON, SBN 160148
[e-mail]
ERIN M. SCHARG, SBN 285311
EASON & TAMBORNINI, ALC
1234 H Street, Suite 200
Sacramento, California 95814
T: [phone]
F: [phone]
Attorneys for Plaintiffs, ROBERT WESTFALL, DAVID E. ANDERSON, LYNN BOBBY, and
DAVID ELLINGER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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ROBERT WESTFALL, individually and on
behalf of all others similarly situated,
Plaintiff,

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Case No: 2:16-CV-02632-KJM-GGH
JOINT SCHEDULING STIPULATION;
AND ORDER

v.
BALL METAL BEVERAGE CONTAINER
CORPORATION, a Colorado Corporation,
Does 1-20 inclusive,
Defendants.

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[Originally Solano Superior Court
Action No. FCS047654]
State Action Filed: 9-7-2016
FAC Filed:
4-6-2017
Trial Date:
None Set

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JOINT SCHEDULING STIPULATION; ORDER – 2:16-cv-02632-KJM-GGH
FPDOCS 33488247.1

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Plaintiffs ROBERT WESTFALL, DAVID E. ANDERSON, LYNN BOBBY, and

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DAVID ELLINGER (hereinafter, “Plaintiffs”), and Defendant BALL METAL BEVERAGE

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CONTAINER CORP. (hereinafter, “Defendant”) (hereinafter, collectively, the “Parties”),

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hereby stipulate as follows:

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WHEREAS, on February 17, 2017, the Court entered its Status (Pretrial Scheduling)
Order: Class Certification Phase (Document No. 015) (hereinafter, the “Scheduling Order”);

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WHEREAS, the Scheduling Order provides for completion of all discovery not later

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than December 31, 2017, in addition expert discovery deadlines, with a close of expert

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discovery on March 31, 2017;

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WHEREAS, the Scheduling Order provided for the filing of a motion for class

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certification not later than June 30, 2017, with a hearing on such motion to take place on

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September 8, 2017;

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WHEREAS, based upon stipulations of the parties, the deadline for filing the class

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certification motion was continued to July 28, 2017, and the hearing was continued to October

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20, 2017;

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WHEREAS, Plaintiffs’ motion for class certification has been fully briefed by the
Parties;

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WHEREAS, on October 16, 2017, the Court issued a minute order (Document No. 49)

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taking the hearing off calendar and stating that Plaintiffs’ motion for class certification will be

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decided on the papers;

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WHEREAS, to date, the Court has not yet issued its order on the motion for class
certification;

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WHEREAS, additional discovery may need to be taken, but the scope and nature of

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such discovery will be substantially influenced by the terms of the Court’s order on Plaintiffs’

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motion for class certification;

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WHEREAS, the Parties do not wish to expend additional resources on discovery that

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may not be necessary depending on the terms of the Court’s order on Plaintiffs’ motion for

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class certification;
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JOINT SCHEDULING STIPULATION; ORDER – 2:16-cv-02632-KJM-GGH
FPDOCS 33488247.1

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WHEREAS, if additional fact discovery is conducted after December 31, 2017, it will

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be difficult for the Parties to comply with the remaining deadlines in the Court’s Scheduling

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Order;

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WHEREAS, the Scheduling Order set a further status conference for January 4, 2018

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at 2:30 p.m. (with a joint report to be filed seven days prior), and the Parties stipulate that such

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conference and joint report deadline should remain on calendar so that discovery and other

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deadlines and dates can be set in light of the Court’s order on Plaintiffs’ motion for class

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certification;

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NOW THEREFORE, it is so stipulated by the Parties that all future deadlines and dates

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set forth in the Scheduling Order should be VACATED, except for the setting of the

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aforementioned status conference and joint report deadline.

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Dated: December 1, 2017

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FISHER & PHILLIPS LLP
By:

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Dated: December 1, 2017

/s/ Christopher M. Ahearn
JOHN K. SKOUSEN
CHRISTOPHER M. AHEARN
KATHERINE P. SANDBERG
Attorneys for Defendant
BALL METAL BEVERAGE CONTAINER CORP.
EASON & TAMBORNINI, ALC

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By:
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/s/ Matthew R. Eason (as authorized on 11-28-17)
MATTHEW R. EASON
ERIN M. SCHARG
Attorneys for Plaintiffs
ROBERT WESTFALL, DAVID E. ANDERSON,
LYNN BOBBY, and DAVID ELLINGER

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ORDER

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Pursuant to the foregoing stipulation, and good cause appearing therefor, the parties’

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proposal is approved except that the further status conference is set for January 18, 2018 at 2:30

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p.m. All other dates are vacated. IT IS SO ORDERED.

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DATED: December 13, 2017.
UNITED STATES DISTRICT JUDGE

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JOINT SCHEDULING STIPULATION; ORDER – 2:16-cv-02632-KJM-GGH
FPDOCS 33488247.1