Dukes et al v. Wal-Mart Stores, Inc.

Filing 833

ORDER granting # 826 STIPULATION WITH PROPOSED ORDER RE CLASS MANAGEMENT AND CLASS CERTIFICATION . Motions for Class Certification due by 4/11/2013. Responses due by 5/31/2013. Replies due by 6/25/2013. Signed by Judge Charles R. Breyer on 1/3/2013. (beS, COURT STAFF) (Filed on 1/4/2013)

Case3:01-cv-02252-CRB Document826 Filed12/21/12 Page1 of 3

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Brad Seligman (SBN 083838)
[e-mail]
Jocelyn D. Larkin (SBN 110817)
[e-mail]
THE IMPACT FUND
125 University Avenue
Berkeley, CA 94710
Telephone: [phone]
Facsimile: 510.845.3654

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Attorneys for Plaintiffs

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Joseph M. Sellers
[e-mail]
COHEN MILSTEIN SELLERS & TOLL, PLLC
West Tower, Suite 500
1100 New York Avenue
Washington, DC 20005
Telephone: [phone]
Facsimile: 202.408.4699

THEODORE J. BOUTROUS, JR., SBN 132099
[e-mail]
CATHERINE A. CONWAY, SBN 98366
[e-mail]
MICHELE L. MARYOTT, SBN 191993
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone:
213.229.7000
Facsimile:
213.229.7520
Attorneys for Defendant WAL-MART STORES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BETTY DUKES, PATRICIA SURGESON, DEBORAH
GUNTER, CHRISTINE KWAPNOSKI, and EDITH
ARANA, on behalf of themselves and all others similarly
situated,
Plaintiffs,
v.

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WAL-MART STORES, INC.,

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Case No. C-01-2252-CRB
STIPULATION AND
[PROPOSED] ORDER RE
CASE MANAGEMENT AND
CLASS CERTIFICATION
Hon. Judge Charles R. Breyer
Courtroom: 6 – 17th Fl.

Defendant.

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C OHEN M ILSTEIN
S ELLERS & T OLL
PLLC
ATTORNEYS AT LAW
WASHINGTON

STIPULATION AND [PROPOSED] ORDER RE CASE MANAGEMENT AND
CLASS CERTIFICATION
CASE NO. C-01-2252- CRB

Case3:01-cv-02252-CRB Document826 Filed12/21/12 Page2 of 3

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1. WHEREAS, on September 21, 2012, the Court entered an Order that, among other

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things, directed plaintiffs to file their motion for class certification by January 11, 2013. Dkt.

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812. On October 24, 2012, the parties filed a joint Case Management Statement informing the

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Court that plaintiffs wished to seek a three-month extension of this deadline to April 11, 2013 and

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that Wal-Mart would not oppose this request.

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Management Conference, the Court agreed to this extension and asked the parties to file a

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stipulation to that effect. See Dkt. 817.

Dkt. 816.

At the October 26, 2012 Case

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2. WHEREAS, plaintiffs wish to seek an extension of the deadline for responding to Wal-

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Mart’s discovery requests, which Wal-Mart does not oppose provided that the parties’

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supplemental disclosures are made in a timely fashion.

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THEREFORE, plaintiffs and Wal-Mart stipulate and agree as follows:

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1. The schedule for briefing plaintiffs’ Motion for Class Certification shall be modified
as follows:
a. Plaintiffs will file their Motion and any expert report(s) no later than April 11,
2013.
b. Wal-Mart will file its Opposition and any expert report(s) no later than May
31, 2013.
c. Plaintiffs may file their optional Reply and any rebuttal expert report(s) no
later than June 25, 2013.
d. Plaintiffs’ reserve the right to seek extension of this deadline for good cause,
including delay in production of discovery.
2. The parties agree to the following with respect to class discovery:
a. Plaintiffs shall respond to Wal-Mart’s pending discovery requests no later than
January 9, 2013.

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b. Wal-Mart shall substantially complete its production in response to Plaintiffs’

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pending discovery requests by January 9, 2013. In the event production is not

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completed by January 9, 2013, Wal-Mart shall identify what production

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remains and provide a schedule for production of the remainder.

C OHEN , M ILSTEIN ,
S ELLERS & T OLL
PLLC
ATTORNEYS AT LAW
WASHINGTON

STIPULATION AND [PROPOSED] ORDER RE CASE MANAGEMENT AND CLASS
CERTIFICATION
CASE NO. C-01-2252- CRB

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Case3:01-cv-02252-CRB Document826 Filed12/21/12 Page3 of 3

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c. The parties shall exchange supplemental disclosures no later than January 31,
2013.
d. All discovery requests and responses shall be served, if feasible, electronically
in both Word and PDF format.
Dated: December 20, 2012

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By:__/s/ Brad Seligman____
Brad Seligman
THE IMPACT FUND

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Attorneys for Plaintiffs

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Dated: December 20, 2012
By:_/s/ Catherine Conway___
Catherine Conway
GIBSON DUNN & CRUTCHER LLP

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Attorneys for Defendant

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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___________________________
Judge Charles R. BreyerRED

UNIT
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Jan
3rd
2013
Dated the _______ of ________, ________

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C OHEN , M ILSTEIN ,
S ELLERS & T OLL
PLLC
ATTORNEYS AT LAW
WASHINGTON

STIPULATION AND [PROPOSED] ORDER RE CASE MANAGEMENT AND CLASS
CERTIFICATION
CASE NO. C-01-2252- CRB

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