Smart et al v. National Collegiate Athletic Association

Filing 69

STIPULATION and ORDER signed by Senior District Judge William B. Shubb on 1/7/25 SETTING the deadlines as follows: Oppositions: 01/31/25; Replies: 02/18/25; Motion to Strike or Exclude: 01/31/25; Opposition to Motion to Strike or Exclude: 01/18/25; Replies in Support of Motion to Strike or Exclude: 02/26/25; Motion Hearing set for 3/3/2025 at 01:30 PM in Courtroom 5 (WBS) before Senior District Judge William B. Shubb. (Deputy Clerk VLC)

1 CAROLYN HOECKER LUEDTKE (State Bar No. 207976)
[e-mail]
2 JUSTIN P. RAPHAEL (State Bar No. 292380)
[e-mail]
3 MEGAN McCREADIE (State Bar No. 330704)
[e-mail]
4 CHRISTOPHER CRUZ (State Bar No. 346128)
[e-mail]
5 MUNGER, TOLLES & OLSON LLP
560 Mission Street, Twenty-Seventh Floor
6 San Francisco, California 94105-2907
Telephone:
[phone]
7 Facsimile:
[phone]
8 Attorneys for Defendant National
Collegiate Athletic Association
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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TAYLOR SMART and MICHAEL HACKER,
Individually and on Behalf of All
Those Similarly Situated,
Plaintiffs,
v.

No. 2:22-cv-02125 WBS-CSK
Hon. William B. Shubb
Assigned to Hon. Chi Soo Kim
for Non-Dispositive Issues

NATIONAL COLLEGIATE ASSOCIATION, an
unincorporated association,
Defendant.
SHANNON RAY, KHALA TAYLOR, PETER
ROBINSON, KATHERINE SEBBANE, and
RUDY BARAJAS, Individually and on
Behalf of All Those Similarly
Situated,
Plaintiffs,

No. 1:23-cv-00425 WBS-CSK
JOINT ADMINISTRATIVE MOTION
AND STIPULATION REGARDING
BRIEFING SCHEDULE FOR
DEFENDANT’S DAUBERT MOTIONS

v.
NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION, an unincorporated
association,
Defendant.

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JOINT ADMINISTRATIVE MOTION AND STIPULATION REGARDING
BRIEFING SCHEDULE FOR DEFENDANT’S DAUBERT MOTIONS

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WHEREAS, the Court has related these two actions.

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WHEREAS, on November 1, 2024, Plaintiffs in No. 2:22-cv-

3 02125, Taylor Smart and Michael Hacker (“Smart Plaintiffs”), and
4 Plaintiffs in No. 1:23-cv-000425, Shannon Ray, Khala Taylor,
5 Peter Robinson, Katherine Sebbane, and Rudy Barajas (“Ray
6 Plaintiffs”), both filed motions for class certification;
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WHEREAS, both the Smart Plaintiffs and Ray Plaintiffs

8 submitted expert declarations in support of their motions for
9 class certification;
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WHEREAS, the Smart Plaintiffs’ and Ray Plaintiffs’ motions

11 for class certification are set to be heard on March 3, 2025, at
12 1:30;
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WHEREAS, pursuant to an order of this Court (Smart Dckt. 61,

14 Colon Dckt. 74), Defendant National Collegiate Athletic
15 Association’s (“NCAA”) oppositions to both motions for class
16 certification were filed and served on December 20, 2024, and
17 Plaintiffs’ replies in support of their motions are due
18 January 31, 2025;
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WHEREAS, the NCAA’s opposition to both motions for class

20 certification is supported with evidence including an expert
21 declaration with respect to which the Smart and Ray Plaintiffs
22 may interpose motions to strike and or exclude, including but not
23 limited to a motion to exclude expert testimony;
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WHEREAS, the NCAA also filed motions to exclude expert

25 testimony filed in support of Smart and Colon Plaintiffs’ motions
26 for class certification (“Daubert motions”) on December 20, 2024;
27 and
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JOINT ADMINISTRATIVE MOTION AND STIPULATION REGARDING
BRIEFING SCHEDULE FOR DEFENDANT’S DAUBERT MOTIONS

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WHEREAS, the parties have conferred and stipulated to the

2 following briefing schedule for the NCAA’s Daubert motions and
3 any motions to exclude or strike evidence, including expert
4 testimony, submitted in opposition to the motion for class
5 certification:
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1.

Smart and Ray Plaintiffs shall file oppositions to the

7 NCAA’s Daubert motions by January 31, 2025.
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2.

The NCAA shall file any replies in support of its

9 Daubert motions by February 18, 2025.
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3.

Plaintiffs shall file any motions to strike or exclude

11 evidence, including but not limited to expert testimony filed in
12 support of the NCAA’s opposition to the Plaintiffs’ respective
13 motions for class certification, by January 31, 2025.
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4.

The NCAA shall file any oppositions to any such

15 Plaintiffs’ motion to strike or exclude evidence by February 18,
16 2025.
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5.

Plaintiffs shall file any replies in support of such

18 motions by February 26, 2025.
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6.

With the permission of the Court, the NCAA’s Daubert

20 motions and any Plaintiffs’ motions directed against evidence
21 submitted in support of NCAA’s opposition to Plaintiffs’ motions
22 for class certification shall be heard concurrent with Smart and
23 Colon Plaintiffs’ motions for class certification on March 3,
24 2025, at 1:30.
25

Pursuant to Local Rule 233, the parties respectfully request

26 that the Court enter the attached proposed order setting the
27 deadlines that the parties have agreed upon for briefing of any
28 Daubert motions to exclude testimony submitted in support of a
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JOINT ADMINISTRATIVE MOTION AND STIPULATION REGARDING
BRIEFING SCHEDULE FOR DEFENDANT’S DAUBERT MOTIONS

1 motion for class certification and any motions submitted by
2 Plaintiffs to exclude or strike evidence submitted in support of
3 the NCAA’s opposition to the Plaintiffs’ motions for class
4 certification.
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6 Respectfully submitted,
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DATED:

January 3, 2025

MUNGER, TOLLES & OLSON LLP
By:

/s/ Carolyn Hoecker Luedtke
CAROLYN HOECKER LUEDTKE
CAROLYN H. LUEDTKE
(State Bar No. 207976)
[e-mail]
JUSTIN P. RAPHAEL
(State Bar No. 292380)
[e-mail]
MEGAN McCREADIE
(State Bar No. 330704)
[e-mail]
CHRISTOPHER CRUZ
(State Bar No. 346128)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission Street,
Twenty-Seventh Floor
San Francisco, California
94105-2907
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant National
Collegiate Athletic Association

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JOINT ADMINISTRATIVE MOTION AND STIPULATION REGARDING
BRIEFING SCHEDULE FOR DEFENDANT’S DAUBERT MOTIONS

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KOREIN TILLERY, LLC

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By:

/s/ Garrett R. Broshuis
GARRETT R. BROSHUIS
STEPHEN M. TILLERY (pro hac vice)
[e-mail]
STEVEN M. BEREZNEY (Bar No.
329923)
[e-mail]
GARRETT R. BROSHUIS (Bar No.
329924)
[e-mail]
KOREIN TILLERY, LLC
505 North 7th Street, Suite 3600
St. Louis, MO 63101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Taylor
Smart and Michael Hacker,
Individually and on Behalf of All
Those Similarly Situated

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JOINT ADMINISTRATIVE MOTION AND STIPULATION REGARDING
BRIEFING SCHEDULE FOR DEFENDANT’S DAUBERT MOTIONS

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GUSTAFSON GLUEK PLLC

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By:

/s/ Dennis Stewart
DENNIS STEWART
DENNIS STEWART
(State Bar No. 99152)
[e-mail]
GUSTAFSON GLUEK PLLC
600 W. Broadway, Suite 3300
San Diego, CA 92101
Telephone: [phone]
DANIEL E. GUSTAFSON
(#202241 pro hac vice)
[e-mail]
Amanda M. Williams
(#0341691 pro hac vice)
Matthew Jacobs
(#540346 pro hac vice)
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South 6th Street, Suite 2600
Minneapolis, MN 55402
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Shannon
Ray, Khala Taylor, Peter Robinson,
Katherine Sebbane, and Rudy
Barajas, Individually and on
Behalf of All Those Similarly
Situated

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JOINT ADMINISTRATIVE MOTION AND STIPULATION REGARDING
BRIEFING SCHEDULE FOR DEFENDANT’S DAUBERT MOTIONS

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KIRBY McINERNEY LLP
ROBERT J. GRALEWSKI, JR.
(State Bar No. 196410)
[e-mail]
MARKO RADISAVLJEVIC,
(State Bar No. 306552)
[e-mail]
KIRBY McINERNEY LLP
600 B Street, Suite 2110
San Diego, California 92101
Telephone: [phone]
Attorneys for Plaintiffs Shannon
Ray, Khala Taylor, Peter Robinson,
Katherine Sebbane, and Rudy
Barajas, Individually and on
Behalf of All Those Similarly
Situated
FAIRMARK PARTNERS, LLP
Michael Lieberman
(pro hac vice)
Jamie Crooks
(pro hac vice)
Yinka Onayemi
(pro hac vice)
FAIRMARK PARTNERS, LLP
1001 G Street NW, Suite 400 East
Washington, DC 20001
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs Shannon
Ray, Khala Taylor, Peter Robinson,
Katherine Sebbane, and Rudy
Barajas, Individually and on
Behalf of All Those Similarly
Situated

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JOINT ADMINISTRATIVE MOTION AND STIPULATION REGARDING
BRIEFING SCHEDULE FOR DEFENDANT’S DAUBERT MOTIONS

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COLEMAN & HOROWITT, LLP
DARRYL J. HOROWITT
(State Bar No. 100898)
[e-mail]
COLEMAN & HOROWITT, LLP
499 West Shaw, Suite 116
Fresno, CA 93704
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Shannon
Ray, Khala Taylor, Peter Robinson,
Katherine Sebbane, and Rudy
Barajas, Individually and on
Behalf of All Those Similarly
Situated
THE LAW OFFICES OF LEONARD B.
SIMON P.C.
LEONARD B. SIMON
(State Bar No. 58310)
[e-mail]
THE LAW OFFICES OF LEONARD B.
SIMON P.C.
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Shannon
Ray, Khala Taylor, Peter Robinson,
Katherine Sebbane, and Rudy
Barajas, Individually and on
Behalf of All Those Similarly
Situated

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JOINT ADMINISTRATIVE MOTION AND STIPULATION REGARDING
BRIEFING SCHEDULE FOR DEFENDANT’S DAUBERT MOTIONS

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CERTIFICATE OF SERVICE

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I hereby certify that on January 3, 2025, I electronically

3 filed the foregoing with the Clerk of the Court using the CM/ECF
4 system, which will send notification of such filing to all
5 attorneys of record registered for electronic filing.
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/s/ Carolyn Hoecker Luedtke

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Carolyn Hoecker Luedtke

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JOINT ADMINISTRATIVE MOTION AND STIPULATION REGARDING
BRIEFING SCHEDULE FOR DEFENDANT’S DAUBERT MOTIONS

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Order

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The Court, having considered the parties’ stipulation, and

3 cause appearing, hereby orders that:
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1.

Smart and Colon Plaintiffs shall file any oppositions to

5 the NCAA’s Daubert motions to exclude testimony submitted in support
6 of Plaintiffs’ motions for class certification by January 31, 2025.
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2.

The NCAA shall file any replies in support of its Daubert

8 motions by February 18, 2025.
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3.

Plaintiffs shall file any motions to strike or exclude

10 evidence, including but not limited to expert testimony filed in
11 support of the NCAA’s opposition to Plaintiffs’ motions for class
12 certification, by January 31, 2025.
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4.

The NCAA shall file oppositions to any motions to strike

14 or exclude evidence filed in support of its opposition to
15 Plaintiffs’ motions for class certification by February 18, 2025.
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5.

Plaintiffs shall file replies in support of any motions to

17 strike or exclude evidence filed in support of the NCAA’s opposition
18 to Plaintiffs’ motions for class certification by February 26, 2025.
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6.

The NCAA’s Daubert motions and any motions by Plaintiffs

20 to strike or exclude evidence filed in support of the NCAA’s
21 opposition to Plaintiffs’ motions for class certification shall be
22 heard concurrent with Smart and Colon Plaintiffs’ motions for class
23 certification on March 3, 2025, at 1:30.
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25 Dated:

January 7, 2025

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JOINT ADMINISTRATIVE MOTION AND STIPULATION REGARDING
BRIEFING SCHEDULE FOR DEFENDANT’S DAUBERT MOTIONS