Alger v. FCA US LLC

Filing 47

STIPULATION and ORDER Regarding Class Certification Briefing and Close of Merits Discovery signed by District Judge Morrison C. England, Jr., on 3/4/19. On or before 4/30/2019 Plaintiff will file his Motion for Class Certification, Defendant's opposition shall be filed on or before 6/30/2019 and Plaintiffs' reply shall be filed on or before 7/30/2019. The deadline to complete merits-based discovery is 11/30/2019. (Kastilahn, A)

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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]
Attorneys for Plaintiff and the putative Class
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]
Attorneys for Defendant
FCA US LLC f/k/a Chrysler Group LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

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v.
FCA US LLC f/k/a CHRYSLER GROUP
LLC, a Delaware Corporation, and DOES 1
through 100, inclusive,

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

Defendants.

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STIPULATION AND ORDER
REGARDING CLASS CERTIFICATION
BRIEFING SCHEDULE AND CLOSE OF
MERITS DISCOVERY

Plaintiff,

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

Plaintiff Shawn Alger (“Plaintiff”) and Defendant FCA US LLC f/k/a Chrysler Group LLC
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STIP AND ORDER

2:18-cv-00360-MCE-EFB

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(“Defendant”) (together, the “Parties”), by and through their respective counsel, hereby stipulate as

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follows:

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STIPULATION
WHEREAS, this case is a class action lawsuit wherein plaintiff alleges that certain models of
vehicles manufactured by defendant are defective;

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WHEREAS, the parties have been engaged in discovery since the commencement of this

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action in an effort to ensure that plaintiff has sufficient evidence to file a Motion for Class

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Certification;

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WHEREAS, the parties desire to put in place a class certification briefing schedule that will

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ensure that each party is provided sufficient time to respond to the various arguments presented by

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the opposing party;

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WHEREAS, in the interest of judicial economy and to prevent the unnecessary expenditure

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of resources, the parties also desire to extend the discovery cut-off date in this case so that additional,

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merits-based discovery can be finalized following the court’s ruling on plaintiff’s Motion for Class

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Certification.

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

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1.

On or before April 30, 2019 Plaintiff will file his Motion for Class Certification.

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2.

To the extent Plaintiff submits any declarations or reports from experts to support his

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Motion for Class Certification, he shall also provide defense counsel with dates that

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such experts will be available for deposition within 30 days of the submission of such

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reports or declarations.

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3.

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Defendant’s opposition to Plaintiff’s Motion for Class Certification will be filed on
or before June 30, 2019.

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To the extent Defendant submits any declarations or reports from experts to support

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its Response in Opposition to Plaintiff’s Motion for Class Certification, it shall also

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provide Plaintiff’s counsel with dates that such experts will be available for

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deposition within 30 days of the submission of such reports or declarations.
STIP AND ORDER

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2:18-cv-00360-MCE-EFB

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5.

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Plaintiffs’ reply in support of his Motion for Class Certification will be filed on or
before July 30, 2019.

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The page limits on the Motion for Class Certification shall be as follows: Plaintiff’s

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Motion for Class Certification 30 pages, Defendant’s Opposition to Motion for Class

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Certification 30 pages; Plaintiff’s Reply Brief in Support of Motion for Class

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Certification 15 pages.

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7.

The deadline to complete merits-based discovery is November 30, 2019.

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Dated: February 27, 2019

Respectfully submitted,
KERSHAW, COOK & TALLEY PC

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

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Attorneys for Plaintiff and the putative Class

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Dated: February 27, 2019

DYKEMA GOSSETT LLP

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

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

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IT IS SO ORDERED.
Dated: March 4, 2019

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STIP AND ORDER

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2:18-cv-00360-MCE-EFB