Alger v. FCA US LLC

Filing 24

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 8/21/18 ORDERING Defendant will designate two witnesses to be deposed at the Law Firm of Miller, Canfield, Paddock and Stone, P.L.C. in Troy, Michigan on a date or dates to be determined by the Parties; and the Parties estimate that the total time for the deposition will be approximately seven hours but will meet and confer if additional time is needed. (Becknal, R)

1

7

KERSHAW, COOK & TALLEY PC
William A. Kershaw (State Bar No. 057486)
Stuart C. Talley (State Bar No. 180374)
Ian J. Barlow (State Bar No. 262213)
401 Watt Avenue
Sacramento, California 95864
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

8

Attorneys for Plaintiff and the putative Class

9

DYKEMA GOSSETT LLP
James P. Feeney (State Bar No. 219045)
Fred J. Fresard (pro hac vice)
Dommond E. Lonnie (State Bar No. 142662)
Abirami Gnanadesigan (State Bar No. 263375)
333 South Grand Ave., Suite 2100
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

2
3
4
5
6

10
11
12
13
14
15
16
17
18

Attorneys for Defendant
FCA US LLC f/k/a Chrysler Group LLC

19

UNITED STATES DISTRICT COURT

20
EASTERN DISTRICT OF CALIFORNIA
21
22

Case No.: 2:18-cv-00360-MCE-EFB

SHAWN ALGER as an individual and on
behalf of all others similarly situated,

23

STIPULATION AND [PROPOSED]
ORDER REGARDING DEPOSITION OF
DEFENDANT FCA US LLC

Plaintiff,

24
v.
25
26
27
28

Assigned to Hon. Morrison C. England, Jr.
Courtroom 7, 14th Floor
Complaint Filed: February 16, 2018

FCA US LLC f/k/a CHRYSLER GROUP
LLC, a Delaware Corporation, and DOES 1
through 100, inclusive,
Defendants.
1
STIP AND [PROPOSED] ORDER

2:18-cv-00360-MCE-EFB

1

Pursuant to Magistrate Judge Edmund F. Brennan’s August 8, 2018 Minute Order (Dkt. No.

2

22) and Local Rule 143, Plaintiff Shawn Alger (“Plaintiff”) and Defendant FCA US LLC f/k/a

3

Chrysler Group LLC (“Defendant”) (together, the “Parties”), by and through their respective

4

counsel, hereby stipulate as follows:

5

STIPULATION

6

WHEREAS, Defendant filed a Motion for Protective Order (“Motion”) on July 18, 2018 to

7

prohibit Plaintiff’s Federal Rule of Civil Procedure (“Rule”) 30(b)(6) deposition of Defendant, for

8

which Plaintiff noticed twenty-three deposition topics and attached fourteen document requests

9

(Dkt. No. 18);

10

WHEREAS, the Parties filed their Joint Statement Re Discovery Disagreement on Topics

11

Listed and Documents Requested in Plaintiff’s Fed. R. Civ. P. 30(b)(6) Deposition Notice to

12

Defendant FCA US LLC on August 1, 2018 (Dkt. No. 21);

13

WHEREAS, Defendant’s Motion was heard on August 8, 2018;

14

WHEREAS, the Court entered a Minute Order on August 8, 2018 denying Defendant’s

15

Motion and directing the Parties to submit a Stipulation and Proposed Order designating the number

16

of proposed witnesses and estimated time required for the deposition, as discussed at the hearing

17

(Dkt. No. 22);

18

WHEREAS, Plaintiff’s counsel sent an email to defense counsel on August 13, 2018 that

19

grouped and narrowed the scope of topics for the Rule 30(b)(6) deposition to include the following

20

categories and corresponding topics: NHTSA Complaints, Complaints Generally, and Internal

21

Investigations (Topics 2, 3, 4, and 17); Design and Testing Documents (Topics 6, 7, 8, 9); Warranty

22

Documents (Topics 13, 14, 15, and 19); Replacement Headrests (Topic 16); and E-mail retention

23

policies (Topic 23);

24

WHEREAS, the Parties met and conferred telephonically on August 14, 2018 to discuss the

25

proposed deposition categories, topics, related document requests, location, designated witnesses,

26

and timing;

27
28

WHEREAS, the Parties agreed that Defendant would produce two witnesses to be deposed
at the Law Firm of Miller, Canfield, Paddock and Stone, P.L.C. in Troy, Michigan;
2
STIP AND [PROPOSED] ORDER

2:18-cv-00360-MCE-EFB

1

WHEREAS, Defendant will produce documents for the document request categories

2

(attached as Exhibit A to the deposition notice) that correspond with the deposition categories and

3

topics discussed by the Parties, including document request numbers 3-8 and 10-14; and

4

WHEREAS, the Parties estimate that the total time for the deposition will be approximately

5

seven hours but will meet and confer if additional time is needed. The Parties are in the process of

6

finalizing the date(s) for the deposition.

7
8
9

NOW, THEREFORE, undersigned counsel for the Parties, having met and conferred,
stipulate and agree as follows:
1.

Defendant will designate two witnesses to be deposed at the Law Firm of Miller,

10

Canfield, Paddock and Stone, P.L.C. in Troy, Michigan on a date or dates to be

11

determined by the Parties; and

12
13
14

2.

The Parties estimate that the total time for the deposition will be approximately seven
hours but will meet and confer if additional time is needed.

Dated: August 17, 2018

Respectfully submitted,

15

KERSHAW, COOK & TALLEY PC

16

18

By: /s/ Stuart C. Talley
STUART C. TALLEY
WILLIAM A. KERSHAW
IAN J. BARLOW

19

Attorneys for Plaintiff and the putative Class

17

20
21
22
23
24
25
26
27
28
3
STIP AND [PROPOSED] ORDER

2:18-cv-00360-MCE-EFB

1

Dated: August 17, 2018.

DYKEMA GOSSETT LLP

2

By: /s/ Fred J. Fresard
DOMMOND E. LONNIE
JAMES P. FEENEY
FRED J. FRESARD
ABIRAMI GNANADESIGAN

3
4
5

Attorneys for Defendant
FCA US LLC f/k/a/ Chrysler Group LLC

6
7

[PROPOSED] ORDER

8
9

IT IS SO ORDERED.

10

DATED: August 21, 2018

11

Chief United States Magistrate Judge Edmund F. Brennan

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
STIP AND [PROPOSED] ORDER

2:18-cv-00360-MCE-EFB