Turgeon v. Whirlpool Corp.

Filing 16

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 7/11/17, ORDERING that 3 the Initial Pretrial Scheduling Order is amended as follows: Initial Disclosures due 6/30/17; Amend Pleadings or Add Parties due 9/25/17; Clas s Fact Discovery Cutoff 3/30/18; Expert Witness Disclosures: Plaintiff's class experts due 5/14/18, Defendant's class experts due 6/28/18, Parties' rebuttal experts due 7/30/18; Class Expert Witness Discovery Cutoff 8/30/18, Clas s Certification and Motions Challenging Experts: Plaintiff's class motion due 10/1/18, Defendants' opposition and Daubert challenges due 11/9/18, Plaintiff's reply and Daubert challenges due 11/30/18. The parties are further ordered to meet and confer and file with the Court proposed merits-related deadlines (if necessary) not later than 20 days after the Court's class certification ruling. (Kastilahn, A)

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Andrew M. Unthank (pro hac vice)
Email: [e-mail]
Laura J. McNabb (pro hac vice)
Email: [e-mail]
WHEELER TRIGG O’DONNELL LLP
370 Seventeenth Street, Suite 4500
Denver, CO 80202
Telephone:
[phone]
Facsimile:
[phone]

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Clement L. Glynn (Bar No. 57117)
Email: [e-mail]
Jonathan A. Eldredge (Bar No. 238559)
[e-mail]
Glynn & Finley, LLP
100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant Whirlpool Corporation

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NANCY TURGEON, on behalf of herself and all
others similarly situated,
Plaintiff,

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vs.

Case No.: 2:17-cv-00473-MCE-AC
JOINT STIPULATION AND ORDER
REGARDING NEW DISCOVERY AND
MOTIONS DEADLINES

WHIRLPOOL CORP.,
Defendant.

Judge Morrison C. England, Jr.

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Plaintiff Nancy Turgeon, individually and on behalf of all others similarly situated

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(“Plaintiff”), and Defendant Whirlpool Corporation (“Whirlpool” or “Defendant), collectively the

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“Parties,” through their respective undersigned counsel, submit the following Joint Stipulation and

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[Proposed] Order Regarding New Discovery and Motions Deadlines.

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JOINT STIPULATION AND ORDER REGARDING
NEW DISCOVERY AND MOTIONS DEADLINES

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1.

On March 3, 2017, the Court entered an Initial Pretrial Scheduling Order (ECF

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No. 3), which included deadlines related to discovery, disclosure of expert witnesses, dispositive

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motions, and trial.

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2.

On June 16, 2017, the Parties filed their Joint 26(f) Report and Joint Objections to

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Initial Pretrial Scheduling Order (“Joint Report”) (ECF No. 13), proposing a bifurcated approach to

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scheduling that would set deadlines related to class certification now but postpone the setting of

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merits-related deadlines (if necessary) until after the Court’s class certification ruling.

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3.

On June 26, 2017, the Court entered a Minute Order (ECF No. 14) ordering the

Parties to file a Joint Stipulation and [Proposed] Order addressing the proposed new discovery and

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motion deadlines.

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4.

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The Parties conferred several times about scheduling and discovery-related issues,

including during telephone conferences held on May 15, May 17, May 19, and June 14, 2017.
5.

The Parties agree that the bifurcated approach to scheduling and the related deadlines

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outlined in the Parties’ Joint Report (ECF No. 13) should be adopted by the Court because (1) the

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bifurcated approach, which the court used in Kljajic v. Whirlpool, Case No. 1:15-cv-05980 (N.D.

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Ill.), facilitates a more efficient and targeted approach to discovery by saving post-certification

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questions for a time when the Parties have a better understanding of the case and a better sense of

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what merits-related discovery is needed to proceed to trial, and (2) the deadlines the Parties propose

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are intended to enhance efficiency by dovetailing with the deadlines in Whitley v. Whirlpool Corp.,

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Case No.: 8:16-cv-1704 CJC (DFM) (C.D. Cal.), a factually similar putative class action currently

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pending in the Central District of California.

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WHEREFORE, the Parties stipulate to the following class-certification discovery and
motions deadlines and request that the Court enter the same:

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Event

Parties’ Proposed Deadline

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Initial Disclosures

6/30/17

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Amend Pleadings or Add Parties

9/25/17

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JOINT STIPULATION AND ORDER REGARDING
NEW DISCOVERY AND MOTIONS DEADLINES

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Class Fact Discovery Cutoff

3/30/18

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Expert Witness Disclosures

Plaintiff’s class experts: 5/14/18

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Defendant’s class experts: 6/28/18

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Parties’ rebuttal experts: 7/30/18

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Class Expert Witness Discovery Cutoff 8/30/18

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Class Certification and Motions
Challenging Experts

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Plaintiff’s class motion: 10/1/18
Defendants’ opposition and
Daubert challenges: 11/9/18
Plaintiff’s reply and
Daubert challenges: 11/30/18

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WHEELER TRIGG O’DONNELL LLP

Dated: June 30, 2017

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By:

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/s/ Andrew M. Unthank
Andrew M. Unthank (pro hac vice)
Laura J. McNabb (pro hac vice)
Clement L. Glynn (Bar No. 57117)
Jonathan A. Eldredge (Bar No. 238559)
Attorneys for Defendant Whirlpool Corporation

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Dated: June 30, 2017

BURSOR & FISHER
By:

/s/ L. Timothy Fisher
L. Timothy Fisher (Bar No. 191626)
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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JOINT STIPULATION AND ORDER REGARDING
NEW DISCOVERY AND MOTIONS DEADLINES

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ORDER

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Having reviewed the Parties’ Joint Stipulation Regarding New Discovery and Motions

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Deadlines and good cause having been shown, the Parties’ request is GRANTED. The Initial

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Pretrial Scheduling Order (ECF No. 3) shall be amended to reflect the following class-certification

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discovery and motions deadlines.

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Parties’ Proposed Deadline

Initial Disclosures

6/30/17

Amend Pleadings or Add Parties

9/25/17

Class Fact Discovery Cutoff

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Event

3/30/18

Expert Witness Disclosures

Plaintiff’s class experts: 5/14/18

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Defendant’s class experts: 6/28/18

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Parties’ rebuttal experts: 7/30/18

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Class Expert Witness Discovery
Cutoff

8/30/18

Class Certification and Motions
Challenging Experts

Plaintiff’s class motion: 10/1/18

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Defendants’ opposition and
Daubert challenges: 11/9/18
Plaintiff’s reply and
Daubert challenges: 11/30/18

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The parties are further ordered to meet and confer and file with the Court proposed meritsrelated deadlines (if necessary) not later than 20 days after the Court’s class certification ruling.
IT IS SO ORDERED.
Dated: July 11, 2017

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JOINT STIPULATION AND ORDER REGARDING
NEW DISCOVERY AND MOTIONS DEADLINES