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)

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Case3:01-cv-02252-CRB Document826 Filed12/21/12 Page1 of 3 1 5 Brad Seligman (SBN 083838) bseligman@impactfund.org Jocelyn D. Larkin (SBN 110817) jlarkin@impactfund.org THE IMPACT FUND 125 University Avenue Berkeley, CA 94710 Telephone: 510.845.3473 Facsimile: 510.845.3654 6 Attorneys for Plaintiffs 2 3 4 7 8 9 10 11 12 13 14 Joseph M. Sellers jsellers@cohenmilstein.com COHEN MILSTEIN SELLERS & TOLL, PLLC West Tower, Suite 500 1100 New York Avenue Washington, DC 20005 Telephone: 202.408.4600 Facsimile: 202.408.4699 THEODORE J. BOUTROUS, JR., SBN 132099 tboutrous@gibsondunn.com CATHERINE A. CONWAY, SBN 98366 cconway@gibsondunn.com MICHELE L. MARYOTT, SBN 191993 mmaryott@gibsondunn.com 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. 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 20 21 BETTY DUKES, PATRICIA SURGESON, DEBORAH GUNTER, CHRISTINE KWAPNOSKI, and EDITH ARANA, on behalf of themselves and all others similarly situated, Plaintiffs, v. 22 WAL-MART STORES, INC., 23 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. 24 25 26 27 28 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 1 1. WHEREAS, on September 21, 2012, the Court entered an Order that, among other 2 things, directed plaintiffs to file their motion for class certification by January 11, 2013. Dkt. 3 812. On October 24, 2012, the parties filed a joint Case Management Statement informing the 4 Court that plaintiffs wished to seek a three-month extension of this deadline to April 11, 2013 and 5 that Wal-Mart would not oppose this request. 6 Management Conference, the Court agreed to this extension and asked the parties to file a 7 stipulation to that effect. See Dkt. 817. Dkt. 816. At the October 26, 2012 Case 8 2. WHEREAS, plaintiffs wish to seek an extension of the deadline for responding to Wal- 9 Mart’s discovery requests, which Wal-Mart does not oppose provided that the parties’ 10 supplemental disclosures are made in a timely fashion. 11 THEREFORE, plaintiffs and Wal-Mart stipulate and agree as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 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. 25 b. Wal-Mart shall substantially complete its production in response to Plaintiffs’ 26 pending discovery requests by January 9, 2013. In the event production is not 27 completed by January 9, 2013, Wal-Mart shall identify what production 28 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 -1- Case3:01-cv-02252-CRB Document826 Filed12/21/12 Page3 of 3 1 2 3 4 5 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 6 By:__/s/ Brad Seligman____ Brad Seligman THE IMPACT FUND 7 8 Attorneys for Plaintiffs 9 10 11 12 Dated: December 20, 2012 By:_/s/ Catherine Conway___ Catherine Conway GIBSON DUNN & CRUTCHER LLP 13 14 Attorneys for Defendant 15 16 17 PURSUANT TO STIPULATION, IT IS SO ORDERED. 18 26 R NIA yer ER FO LI harle Judge C H 25 RT 24 E s R. Bre NO 23 O ORD IT IS S A 22 ___________________________ Judge Charles R. BreyerRED UNIT ED 21 Jan 3rd 2013 Dated the _______ of ________, ________ S DISTRICT TE C TA RT U O 20 S 19 N F D IS T IC T O R C 27 28 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 -2-

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